Church v. English
| Citation | 1876 WL 10020,81 Ill. 442 |
| Parties | THOMAS CHURCH et al.v.JOSEPH G. ENGLISH. |
| Decision Date | 31 January 1876 |
| Court | Illinois Supreme Court |
OPINION TEXT STARTS HERE
WRIT OF ERROR to the Circuit Court of Vermilion county; the Hon. O. L. DAVIS, Judge, presiding.
This was a motion made in the Vermilion circuit court, in August, 1875, to reinstate the cause, and amend the record so as to correspond with the judge's minutes.
The cause was, in 1865, removed from said court to the circuit court of Macon county, on a change of venue, as shown by the judge's minutes, but the order for the change of venue was never entered upon the record by the clerk. The court, upon an inspection of the judge's minutes, ordered the record to be amended so as to show the order for the change of venue as of the proper date.
Mr. L. REILLY, Mr. JESSE HARPER, and Mr. E. Q. NYE, for the plaintiffs in error.
Messrs. MANN & CALHOUN, for the defendant in error.
That a court has power to amend its own records at a subsequent term, upon notice to parties adversely interested, is not doubted. The single inquiry is, whether that authority was rightfully exercised under all the circumstances in this case.
At the August term, 1875, the circuit court of Vermilion county, upon notice given to all parties concerned, ordered the record in this cause to be amended so as to show what orders had, in fact, been made in it at the September term, 1865. All the amendments allowed were made upon an inspection of the judge's minutes, entered upon his docket at the time, and in accordance therewith. It appearing to the court the clerk had not entered all the orders made in the cause, the record was completed as of that term, but with a saving of all intervening rights acquired by third persons.
Whether the venue in the cause was rightfully changed to the county of Macon, at the September term, 1865, does not seem to us to have any relation to the question under consideration. It may be the venue was improperly changed, and had the proper steps been taken, the cause might have been remanded to Vermilion county, or the decree reversed on error or upon appeal. But that question is not now before us. All the circuit court of Vermilion county did, or assumed to do, was to amend its own records remaining in that court, and this it had the clear authority to do, upon notice to all parties to the record, or their legal representatives, upon sufficient evidence, saving,...
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...are a proper means of amending a record, cited McCormick v. Wheeler, 36 Ill. 114; C. & St. L. R. R. Co. v. Holbrook, 72 Ill. 419; Church v. English, 81 Ill. 442. Upon the power of a court to amend its record: C. & St. L. R. R. Co. v. Holbrook, 72 Ill. 419; Coughran v. Gutchens, 18 Ill. 390;......
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