Nelson v. Nelson

¶1It is universally held that parties consenting to a decree cannot appeal from such decree or assign error upon it. Cox v. Lynn, 138 Ill. 195; Chicago & N. W. R. Co. v. West Chicago Park Com’rs, 151 Ill. 204; Bonney v. Lamb, 210 Ill. 95; King v. King, 215 Ill. 100; and Armstrong v. Cooper, 11 Ill. 540. The record shows that before the order appealed from was presented to the chancellor a notation of its approval was made thereon over the signature of the attorney for plaintiff, the appellant. The word “approved” imports the exercise of judgment and discretion. Lawyers in Cook county follow the recognized practice of noting the words “approved” or “O. K.” on the face of the draft forms of judgments, orders and decrees to be presented to the court, meaning thereby to consent to the entry of such order, judgment or decree ; and when the lawyers wish to indicate that they are approving only the form of the document submitted, they note that it is approved or “O.K’d” as to form. It does not infrequently happen that a contested case is settled before the draft of the order is submitted to the presiding judge. Where such draft bears the notation “approved” or “O. K.” the court has a right to rely upon such statement and to presume that the decree, judgment or order is entered by agreement as to the attorneys who so indicated. Many orders, decrees and judgments are entered day after day in the courts of Cook county based on notations by the attorneys. If plaintiff contends that a notation made by her attorney was so made as the result of a mistake or fraud, her remedy, if she has one, would be by appropriate proceeding in the trial court by a motion or petition in the nature of a bill of review. In my opinion the order in the instant case is a consent order from which plaintiff cannot appeal, and the appeal should be dismissed or the order affirmed.