Trustees of Sch. v. Hoyt

Decision Date08 October 1925
Docket NumberNo. 16382.,16382.
Citation148 N.E. 867,318 Ill. 60
PartiesTRUSTEES OF SCHOOLS et al. v. HOYT.
CourtIllinois Supreme Court

OPINION TEXT STARTS HERE

Petition by the Trustees of Schools and others to condemn land of Norman C. Hoyt for schoolhouse site. Judgment for defendant, and petitioners appeal.

Affirmed.

See, also, 311 Ill. 532, 143 N. E. 59.

Appeal from Champaign County Court; Roy C. Freeman, Judge.

Williamson & Winkelman, of Urbana, and Jones, McIntire & Jones and Hall & Holaday, all of Danville (O. M. Jones, of Danville, and A. R. Hall, of Chicago, of counsel), for appellants.

Green & Palmer, of Urbana (Henry I. Green, Oris Barth, and Charles G. Howard, all of Urbana, of counsel), for appellee.

DUNN, C. J.

This cause was before the court at the December term, 1923. The proceeding was a petition to condemn land for a schoolhouse site. The owner of the land objected to the condemnation, because of the lack of the statutory conditions authorizing the exercise of the power of eminent domain; but his motion was denied, and after a trial a judgment of condemnation was rendered, from which he appealed. While other objections were raised on the record, the judgment of reversal was based solely on the lack of power of the board of education to call the election to vote on the proposition to locate and purchase a schoolhouse site, and the judgment of the county court was reversed, and the cause was remanded, with directions to dismiss the petition. On the reinstatement of the cause in the county court, the petitioners made a motion for leave to amend the petition and for another hearing, with leave to introduce further evidence. The defendant made a cross-motion for a judgment dismissing the petition. The court overruled the motion of the petitioners, and entered a judgment for the defendant, dismissing the petition.

[1] It has been held in numerous cases in this court that, where a judgment is reversed and the cause is remanded, with specific directions as to the action to be taken by the trial court, it is the duty of that court to follow those directions, and that it cannot err in doing so. Boggs v. Willard, 70 Ill. 315, 22 Am. Rep. 77;Windett v. Ruggles, 151 Ill. 184, 37 N. E. 1021;Roby v. Calumet & Chicago Canal & Dock Co., 154 Ill. 190, 40 N. E. 293. Where a cause is remanded by the Supreme Court, the trail court cannot err if it follows the opinion of the Supreme Court in the further proceedings of the case, and no attention will be given to arguments that it erred in so doing. Manternach v. Studt, 240 Ill. 464, 88 N. E. 1000,130 Am. St. Rep. 282. ‘A decree entered in accordance with the directions of this court cannot be erroneous. This court may err in its directions to an inferior court, but, however erroneousthe directions given may be, it is the duty of the inferior court to strictly follow the directions contained in the mandate of this court. Blackaby v. Blackaby, 189 Ill. 342;Noble v. Tipton, 222 Ill. 639.

[2] The only question, therefore, that is open for consideration on the record as presented at this time is, Was the decree of the circuit court in accordance with the mandate and directions of this court?' Chicago Railway Equipment Co. v. National Hollow Brake Beam Co., 239 Ill. 111, 87 N. E. 872. Where the only question on a second appeal in the same case is whether the lower court has followed the directions of the Supreme Court, if the lower court has substantially followed such directions, the judgment must be affirmed. People v. Day, 279 Ill. 148, 116 N. E. 729. There are many other decisions which hold that, where a judgment has been reversed and the cause remanded, with specific directions, the only question on a second appeal is whether the action of the trial court was in accordance with the mandate and directions of this court.

[3] The appellants argue that the statute gives the right to amend pleadings at any time, even after judgment, and insist that amendments may be made in the trial court, if the judgment has been reversed and the cause remanded, with directions to enter a particular judgment. The statute of amendments and jeofails does by section 1 (Smith-Hurd Rev. St. 1923, c. 7, § 1) authorize amendments before judgment, and by section 2 (Id. § 2) after judgment; but amendments made after judgment rendered are authorized in matter of form only, in affirmance of the judgment, so that such judgment shall not be reversed or annulled. Defects of substance are not aided by the statute of amendments...

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7 cases
  • Mefford v. Gardner
    • United States
    • U.S. Court of Appeals — Sixth Circuit
    • August 17, 1967
    ...be, it is the duty of the inferior court to strictly follow the directions contained in the mandate of this court." Trustees of Schools v. Hoyt, 318 Ill. 60, 148 N.E. 867. Because of the clear error which we have pointed out, and which is in agreement with the judgment of the District Court......
  • Hardin v. Wolf
    • United States
    • Illinois Supreme Court
    • October 8, 1925
  • Smith v. Dugger
    • United States
    • Illinois Supreme Court
    • October 28, 1925
    ...342, 59 N. E. 602;Noble v. Tipton, 222 Ill. 639, 78 N. E. 927;Manternach v. Stadt, 240 Ill. 464, 88 N. E. 1000;Trustees of Schools v. Hoyt (No. 16382) 318 Ill. 60, 148 N. E. 867. Where a decree has been reversed and the cause remanded, with specific directions for the entry of a decree, on ......
  • People ex rel. Campo v. Matchett
    • United States
    • Illinois Supreme Court
    • September 18, 1946
    ...the duty of the inferior court to strictly follow the directions contained in the mandate of this court.’ See, also, Trustees of Schools v. Hoyt, 318 Ill. 60, 148 N.E. 867. The duty of the lower court to follow the mandate of the reviewing court may be enforced by mandamus. Wilson v. Fisher......
  • Request a trial to view additional results

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