Toledo, Peoria & Warsaw Railway Co. v. Eastburn

Citations

• 79 Ill. 140

Syllabus

<p>1. Judgment—may be rendered in vacation, arid, if not set aside or modified at next term, becomes final. Under section 47, chapter 37, of Revised Laws 1874, when a cause is taken under advisement, and decided in vacation, judgment may be entered in vacation, and when so entered, if not set aside or modified at the next term of court, it becomes final.</p> <p>2. Where a cause was taken under advisement, and decided in vacation, and a judgment rendered in vacation, and no steps were taken in the matter at the next term of court, but, at a subsequent term, another and different judgment was rendered, it was held, that the first judgment was final, and that the second judgment was erroneous, the court having no jurisdiction to render it.</p> <p>8. Where a judgment was rendered in vacation, and the record showed no action of the court in the matter at the next term, but the bill of exceptions contained a statement that a petition and motion for a rehearing was filed at that term, and that the court expressed the opinion that the judgment rendered in vacation was void, and refused to entertain the motion for a rehearing, it was held., that the record remained in the same condition as if no action had been taken at that term, and that, after the expiration of that term, the' judgment rendered in vacation became final, and that the court had no jurisdiction to render another judgment at a subsequent term.</p> <p>4. Same—effect of reversal of the second of two, rendered in the same case. Where an appeal is taken from a judgment rendered by the county court to the circuit court, and judgment of reversal rendered by the circuit court in vacation, and no action taken in the matter at the next term of the circuit court, and, at a subsequent term of the circuit court, a different and final judgment is rendered, and this last judgment is reversed in the Supreme Court, for want of jurisdiction in the circuit court to render it, the effect is, to leave the cause for trial in the