Walker v. Oliver
| Decision Date | 31 January 1872 |
| Citation | 1872 WL 8147,63 Ill. 199 |
| Parties | MOSES WALKERv.FRANKLIN OLIVER. |
| Court | Illinois Supreme Court |
OPINION TEXT STARTS HERE
WRIT OF ERROR to the Circuit Court of Ford county.
This was an action commenced on the 31st day of March, 1868, by Moses Walker against Franklin Oliver and others. Judgment was obtained against Oliver by default, and a jury was sworn to assess the damages, who returned a verdict against him for $5500, upon which judgment was entered. At a subsequent term of the court, upon motion of Oliver, this judgment was set aside. From the order of the court setting aside this judgment, Walker prosecutes this writ of error.
Mr. EDWARD H. BRACKETT, for the plaintiff in error.
Messrs. CLOUD & SAMPLE, for the defendant in error.
It is quite evident the plaintiff in error is premature in suing out this writ of error, for the reason the record shows no final judgment from which an appeal or writ of error would lie. All that the circuit court did was to set aside a judgment previously rendered in that court, which decides nothing.
When the cause is again tried, and a final...
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Williams v. A. E. Staley Mfg. Co.
...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 and have discovered that the case which is c......
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Cramer v. Illinois Commercial Men's Ass'n
...the writ the order is interlocutory and the 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 argumen......
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Barnes v. Henshaw
...aside a former judgment or decree is erroneous is reviewable, on appeal, only after the final determination of the case. In Walker v. Oliver, 63 Ill. 199, the circuit court, at a subsequent term to that at which the judgment was rendered, set aside the judgment. The party in whose favor the......
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North Point Consolidated Irrigation Co. v. Utah & Salt Lake Canal Co.
...Hill v. Railroad Co., 140 U.S. 52, 35 L.Ed. 331, 11 S.Ct. 690. See Stewart v. Masterson, 131 U.S. 151, 33 L.Ed. 114, 9 S.Ct. 682; Walker v. Oliver, 63 Ill. 199; Brown v. Edgerton (Neb.) 14 Neb. 453, N.W. 474; Tinly v. Martin, 80 Ky. 463; Truett v. Rains, 17 S.C. 451; Ray v. Northrup, 55 Wis......