Jacquemart v. Erb

Illinois Supreme Court
Jacquemart v. Erb, 53 Ill. 291 (Ill. 1870)
Lawrence

Jacquemart v. Erb

Opinion of the Court

Mr. Justice Lawrence

delivered the opinion of the Court:

In this case the appellant sought, by motion, to set aside the same decree which is attacked by means of a bill in the nature of a bill of review, in the case of Dolton v. Erb, ante. Apart from the insuperable objection to an attempt to review and set aside a decree of a former term by a mere motion, we have stated in the opinion, filed in the preceding case, the reasons why the relief sought can not be granted, even in a proceeding by bill.

Judgment affirmed.

Reference

Full Case Name
Louis M. F. Jacquemart v. George H. Erb
Cited By
2 cases
Status
Published
Syllabus
Motion—as a remedy to set aside a dec/ree of former term. A decree of a former term can not be reviewed and set aside upon a mere motion.