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69 Ill. App. 593

McIntosh v. Lewis

Appellate Court of Illinois

Decided March 29, 1897

Appellate Court of Illinois · decided 1897-03-29

<p>1. Courts—Power to Undo Past Action.—In all essential particulars this case is like Angus v. Backus, 58 Ill. App. 259, and Chicago Title & Trust Co. v. Chicago & Northern Pacific R. R., Ibid. 388, and must meet the same fate.</p>

Relies on Angus v. Backus, Thornton & Co.

Affirmed · Decided 1897-03-29

Mr. Justice Gary

¶1delivered the opinion of the Court;

¶2This record shows thatMay 5, 1896, in this cause proceedings were had as follows:

“ This cause being called for trial and the defendants failing to prosecute their appeal in this behalf on motion of plaintiff’s attorney it is ordered that said appeal be and the same is hereby dismissed at defendants’ costs for want of prosecution, and that a procedendo do issue herein to the court below. Therefore, it is considered by the court that plaintiff do have and recover of and from the defendants, his costs and charges in this behalf expended and "have execution therefor.”

¶3September 18, 1896, the appellants, defendants below,, moved the court to vacate and set aside these proceedings.

¶4In all essential particulars the case is like Angus v. Backus, 58 Ill. App. 259, and Chicago Title & Trust Co. v. Chicago & Northern Pacific R. R., Ibid. 388, and must meet the-same fate. The reason for affirming is that the court had no jurisdiction in September to undo what it had done in May, whatever hardship it had inflicted upon the appellants.

¶5The order appealed from denying the motion, is affirmed.

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