People ex rel. Carr v. Omega Chapter of PSI Upsilon Fraternity
| Decision Date | 18 February 1926 |
| Docket Number | No. 17046.,17046. |
| Citation | 150 N.E. 677,320 Ill. 326 |
| Parties | PEOPLE ex rel. CARR, County Collector, v. OMEGA CHAPTER OF PSI UPSILON FRATERNITY. |
| Court | Illinois Supreme Court |
OPINION TEXT STARTS HERE
Action by the People, on the relation of Patrick J. Carr, County Collector, against Omega Chapter of Psi Upsilon Fraternity. From a judgment of the county court, overruling objections to an application for judgment for delinquent taxes, defendant appeals.
Reversed.
Appeal from Cook County Court; Edmund K. Jarecki, Judge.
Montgomery, Hart & Smith, of Chicago (William P. MacCracken, Jr., and Victor C. Milliken, both of Chicago, of counsel), for appellant.
Robert E. Crowe, State's Atty., of Chicago (Roy Massena and William J. Grace, both of Chicago, of counsel), for appellee.
Appellant seeks review of the judgment of the county court of Cook county, overruling its objections to an application for judgment for delinquent taxes levied against its property.
Appellant, a Greek letter fraternity, objected that its property was used for charitableand educational purposes, and was therefore exempt under the laws of the state of Illinois as that of a charitable corporation. It appears that on July 21, 1925, the county court entered the following judgment in the case:
‘This day come certain objectors [appellant] by their attorney, and the people of the state of Illinois by the state's attorney come also, and thereupon, after a hearing, said objections are hereby sustained and judgment refused.’
This judgment was entered at the July term of that court. On August 31, 1925, at the August term, that court overruled appellant's objections, and entered judgment against its lands nunc pro tunc as of August 7, 1925.
[1] Appellant contends that, having entered judgment sustaining its objections at the July term, the jurisdiction of the court over the subject-matter had become exhausted, and that its order entered on the 31st day of August, being at a later term, was void for want of jurisdiction. It has long been settled in this state that, after the expiration of a term of court at which a judgment is entered, the court has no authority to set aside the judgment for any alleged error of law, and can only amend it in matters of form, after notice to the opposite party. People v. Weinstein, 131 N. E. 631, 298 Ill. 264;Cramer v. Illinois Commercial Men's Ass'n, 103 N. E. 459, 260 Ill. 516;People v. Wilmot, 98 N. E. 973, 254 Ill. 554;Barnes v. Henshaw, 80 N. E. 1076, 226 Ill. 605;Baldwin v. McClelland, 38 N. E. 143, 152 Ill. 42;Becker v. Sauter, 89 Ill. 596;Knox v. Winsted Savings Bank, 57 Ill. 330;Cox v. Brackett, 41 Ill. 222;Cook v. Wood, 24 Ill. 295.
[2] Appellee points out that no bill of exceptions was filed in this court, and urges that the objections of appellant cannot be here urged upon a common-law record; also that appellant was present in court by counsel, and did not then raise the objection now urged, and therefore cannot raise it for the first time here. The rule is that in cases where, as here, the error complained of appears on the face of the record, there is no necessity to except to the ruling, and it is not necessary, therefore, that there be a bill of...
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People ex rel. Waite v. Bristow
...power to make a valid order cannot survive the loss of jurisdiction.’ The same principle was announced in People ex rel. Carr v. Psi Upsilon Fraternity, 320 Ill. 326, 150 N.E. 677, and in Village of North Chicago v. American Steel & Wire Co., 221 Ill. 539, 77 N.E. 1041. In Unbehahn v. Fader......
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...379 Ill. 155, 39 N.E.2d 999;Toman v. Park Castles Apartment Building Corp., 375 Ill. 293, 31 N.E.2d 299;People ex rel. Carr v. Psi Upsilon Fraternity, 320 Ill. 326, 150 N.E. 677. The right of this court to review constitutional questions first arising when the judgment of an appellate court......
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...any time after the judgment is entered. Toman v. Park Castles Apartment Bldg. Corp., 375 Ill. 293, 31 N.E.2d 299;People v. Psi Upsilon Fraternity, 320 Ill. 326, 150 N.E. 677. The right of this court to review constitutional questions first arising when the judgment of an Appellate Court is ......
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...either of the judge or of other persons; nor can it be based upon ex parte affidavits or testimony. People v. Omega Chapter of Psi Upsilon Fraternity, 320 Ill. 326, 150 N.E. 677;People v. Weinstein, 298 Ill. 264, 269, 131 N.E. 631;People v. Petit, 266 Ill. 628, 107 N.E. 830;Mack v. Polecat ......