Walker v. Oliver

Decided January 15, 1872

Illinois Supreme Court · decided 1872-01-15

Wbit op Ebbob 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.

Key passage — most relied on by later courts

“When the cause is again tried, and a final judgment entered, an appeal or writ of error will lie, on which it can be assigned as error setting aside this judgment at a term subsequent to the one at which it was rendered.”

quoted by 1 later decision, including 80 Ill. App. 3d 981 - Williams v. A. E. Staley Manufacturing Co.

Relies on Cook v. Wood

Good law ✅— No negative treatment on recordhow we know

Decided 1872-01-15

How this case has been cited

Cited by 21 later decisions — most recently February 1980

21 state decisions

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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Mr. Justice Breese

¶1delivered the opinion of the Court:

¶2It 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.

¶3When the cause is again tried, and a final judgment entered, an appeal or writ of error will lie, on which it can be assigned as error setting aside this judgment at a term subsequent to the one at which it was rendered. That is the case of Cook v. Wood, 24 Ill. 295.

¶4For the reasons given, the writ of error must be dismissed.

¶5Writ of error dismissed.