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101 Ill. 657

Smith v. Dennison

Illinois Supreme Court

Decided March 15, 1882

Illinois Supreme Court · decided 1882-03-15

The original opinion in this case was filed in vacation preceding the September term, 1881. The defendant in error filed his petition for a rehearing of the cause, under the 0 rules of this court, which was considered at that term, and denied, the court, however, taking occasion to modify, in some respects, the language of the opinion previously filed, but adhering to its decision already made.

Relies on Garrick v. Chamberlain

Good law ✅— No negative treatment on recordhow we know

Decided 1882-03-15

How this case has been cited

Cited by 4 later decisions — most recently April 1931

4 state decisions

10188218901900191019201930decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Scott, J.:

¶1This second petition for a rehearing can not he entertained. It has never been the practice in this court to permit the filing of a second petition of this character by the same party. Garrick et al. v. Chamberlain, 100 Ill. 476. It matters not that upon the denial of the first petition the court saw proper to modify the language of its opinion previously filed. It is the decision of the court, not so much the reasons which may have been assigned for that decision, that is the subject for reconsideration upon an application for the rehearing of a cause. If the decision originally made is adhered to on such reconsideration, although the reasons given for it may be modified, or the grounds of the decision changed, it will not be open to further review at the instance of the same party. -

¶2Petition dismissed.

Dickey, J.:

¶3I think that sometimes-a second- petition for a rehearing, by the same party, may well be entertained. I do not object so much to the application of the rule in this particular case, as the modification of the opinion does not seem to be very material, though I think the petition ought to have been simply denied, not dismissed. Cases may arise where, upon an application for a rehearing,' although the original decision of the court be adhered to, the grounds of that decision may be-so essentially changed, that it"would be highly proper, even at the instance of the same party, to entertain a second petition for rehearing.

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