City of Park Ridge v. Murphy
| Decision Date | 19 April 1913 |
| Citation | 101 N.E. 524,258 Ill. 365 |
| Parties | CITY OF PARK RIDGE v. MURPHY. |
| Court | Illinois Supreme Court |
OPINION TEXT STARTS HERE
Appeal from Cook County Court; John E. Owens, Judge.
Proceedings by City of Park Ridge against James A. Murphy for a special assessment for local improvements. From an order setting aside a default judgment of confirmation, and vacating the same, the city appeals. Appeal dismissed.
John S. Dornblaser, of Chicago (George Burry, City Atty., Dunne, McKeever & Dunne, and Francis H. McKeever, all of Chicago, of counsel), for appellant.
George A. Mason, of Chicago (William T. Hapeman, of Chicago, of counsel), for appellee.
The city of Park Ridge instituted a proceeding in the county court of Cook county for a special assessment to pay for a local improvement costing $64,050.50. James A. Murphy was the owner of certain real estate, which was assessed $6,327.50 for said improvement. The proceedings on their face, up to and including the final confirmation of the assessment, appear to be regular. Judgment of confirmationby default was entered against the lands of appellee, Murphy, May 18, 1911. On May 5, 1912, appellee gave notice that he would file a motion to set aside the default and vacate the judgment entered against his lands on May 18, 1911, and for leave to file objections to said assessment. After overruling a demurrer of the city, and striking certain pleas filed by the city to said motion, the court proceeded to hear the motion to set aside the default against appellee on affidavits and evidence, and made an order setting aside the default and vacating the judgment of confirmation as to appellee's lands, and gave leave to file objections instanter, which was done. This appeal is prosecuted by the city from the order setting aside the default and vacating the judgment of confirmation.
A bill of exceptions was taken upon the hearing of the motion, from which it appears that the principal reason for setting aside the default and vacating the judgment was a want of proper service of notice upon appellee or his agents, and the making of a false affidavit as to the examination of the records to ascertain the name and residence of the person who paid the taxes upon appellee's property the previous year. Having reached the conclusion that the order setting aside the default and permitting appellee to file objections is not a final and appealable order, it will not be necessary to consider any other question.
[1] Where a defendant makes a motion to set aside a default and vacate a judgment in order to allow a defense, and such motion is denied, the denial of the motion is a final judgment, which may be reviewed by appeal or writ of error (Lake v. Cook, 15 Ill. 353;Boyles v. Chytraus, 175 Ill. 370, 51 N. E. 563); but when the motion is allowed, and the judgment is set aside merely for the purpose of allowing the party to interpose a defense, the order is interlocutory, and an appeal will not lie therefrom. Walker v. Oliver, 63 Ill. 199. In such case the court does not finally determine the rights of the parties.
[2] Where a default...
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Williams v. A. E. Staley Mfg. Co.
...even if it was entered by a court without jurisdiction after the prior judgment has become final. (See City of Park Ridge v. Murphy (1913), 258 Ill. 365, 101 N.E. 524; Walker v. Oliver (1872), 63 Ill. 199; Cook v. Wood (1860), 24 Ill. 295.) However, we have traced this rule to its source an......
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Brauer Mach. & Supply Co. ex rel. Bituminous Cas. Corp. v. Parkhill Truck Co.
...entire controversy or upon some definite and separate branch thereof. Bailey v. Conrad, 271 Ill. 294, 111 N.E. 105;City of Park Ridge v. Murphy, 258 Ill. 365, 101 N.E. 524. In Freeman on Judgments, vol. 1, sec. 22, it is said: ‘According to the common law rule, by a final judgment is to be ......
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Cramer v. Illinois Commercial Men's Ass'n
...parties must await a final judgment, from which an appeal or writ of error will lie. Walker v. Oliver, 63 Ill. 199;City of Park Ridge v. Murphy, 258 Ill. 365, 101 N. E. 524. Aside from disputing the jurisdiction of the Appellate Court, the argument is that there was error of fact which auth......
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Kling v. Ghilarducci
...further consideration. Hoier v. Kaplan, 313 Ill. 448, 145 N.E. 243; Sebree v. Sebree, 293 Ill. 228, 127 N.E. 392; City of Park Ridge v. Murphy, 258 Ill. 365, 101 N.E. 524; People ex rel. Abt v. Vogt, 262 Ill. 170, 104 N.E. 226. The order appealed from completely disposes of all equitable re......