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30 Ill. App. 182

Radge v. Berner

Appellate Court of Illinois

Decided February 13, 1889

Appellate Court of Illinois · decided 1889-02-13

<p>Practice—Decree—Newly Discovered Evidence—Rehearing—Remedies.</p> <p>1. Relief by rehearing is not granted after the recording of a decree.</p> <p>2. • The proper remedy in such cases is by bill of review, supplemental bill in. the nature of a bill of review, a bill to impeach the decree, or one of similar character.</p>

Cited by 4 later decisions — most recently January 1913

4 state decisions

Relies on Hughs v. Washington · National Insurance v. Chamber of Commerce

Good law ✅— No negative treatment on recordhow we know

Decided 1889-02-13

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Per Curiam.

¶1By decree of the Circuit Court entered of record Hovember 29, 1887, Elizabeth Radge, complainant in the court below, was divorced from Albert Radge, the defendant. The day after the entry of the decree, appellant made his motion for a rehearing on the ground of newly-discovered evidence, but the motion was not disposed of until April 26, 1888.

¶2Without commenting on the form in which the rehearing is applied for, it is sufficient to say that relief by rehearing is not granted after the enrollment of the decree. The recording of the decree, in this State, corresponds with enrollment in the English practice. 2 Dan. Ch. Pl. & Pr. (5th Ed.) 1475; Hughes v. Washington, 65 Ill. 249. After the recording of a decree, the remedy is by a bill of review, supplemental bill in the nature of a bill of review, or a bill to impeach the decree, or some such subsequent proceeding. Hughes v. Washington, supra; Baker v. Whiting, 1 Story, 218.

¶3The appeal was taken from the order overruling the motion for a rehearing. Only the propriety of that order is now before us. Nat. Ins. Co. v. Chamber of Commerce, 69 Ill. 22.

¶4We have nothing to do with the merits of the case. Ho error was committed in denying the motion. The order is affirmed.

¶5Order affirmed.

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