Becker v. Sauter

Illinois Supreme Court
Becker v. Sauter, 89 Ill. 596 (Ill. 1878)
Craig

Becker v. Sauter

Opinion of the Court

Mr. Chief Justice Craig

delivered the opinion of the Court:

The only question presented by the record is, whether the Superior Court, after the lapse of a year and five months, had the right to review and annul a former decision of the court.

During the term at which a judgment or decree may have been rendered, the court has control over the record, and, for cause appearing, may amend its judgments or decrees or set them aside. But after the expiration of the term at which a judgment is entered, the court has no power to make any substantial amendment or to set it aside. Cook v. Wood, 24 Ill. 295; Lill v. Stookey, 72 id. 495; Coursen v. Hixon, 78 id. 339.

The judgment granting a new trial was rendered by the court after being satisfied from the testimony that all costs in the case had been paid by appellant, as required by the statute. After the term had closed, this judgment, in so far as the matters passed upon and decided were concerned, became final. If the judgment was rendered upon a state of facts not authorizing such action, by the statute, appellee had the right to preserve the evidence upon which the court acted, in a bill of exceptions, and after the case was finally disposed of, the decision granting a new trial could be reversed in the appellate court on appeal or writ of error; but we are aware of no authority under which the judge or court rendering the decision could sit in review upon its own decision.

The judgment will be reversed and the cause remanded.

Judgment reversed.

Reference

Full Case Name
Fred. W. Becker v. Charles Sauter
Cited By
13 cases
Status
Published
Syllabus
1. Judgment—power over at subsequent term. During the term at which a judgment or decree is rendered, the court has control over the record, and, for cause appearing, may amend its judgments, orders or decrees, or set them-aside, but after the term has expired, it has no power to make any substantial amendment or set them aside. 2. Same—vacating order for new trial at subsequent term. Where the court, by its order, finds that all the costs have been paid in an action of ejectment, and awards a new trial under the statute, it can not, at a subsequent term, review its decision, and set aside such order upon the ground the costs have not been paid. 3. Error—in granting a new trial in ejectment, under the statute. Where a new trial is granted in ejectment, under the statute, upon a state of facts which does not authorize such action, it seems, upon the final disposition of the case, the decision granting the new trial may be reversed on error.