{
  "id": 5003030,
  "name": "Nick Lefor, Appellant, v. William C. Jones, Appellee",
  "name_abbreviation": "Lefor v. Jones",
  "decision_date": "1949-06-29",
  "docket_number": "Gen. No. 44,686",
  "first_page": "173",
  "last_page": "175",
  "citations": [
    {
      "type": "official",
      "cite": "338 Ill. App. 173"
    }
  ],
  "court": {
    "name_abbreviation": "Ill. App. Ct.",
    "id": 8837,
    "name": "Illinois Appellate Court"
  },
  "jurisdiction": {
    "id": 29,
    "name_long": "Illinois",
    "name": "Ill."
  },
  "cites_to": [
    {
      "cite": "337 Ill. App. 106",
      "category": "reporters:state",
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      "reporter": "Ill.",
      "case_ids": [
        2575861
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      "case_paths": [
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    {
      "cite": "128 Ill. 583",
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    {
      "cite": "334 Ill. 137",
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      "case_paths": [
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    {
      "cite": "390 Ill. 610",
      "category": "reporters:state",
      "reporter": "Ill.",
      "case_ids": [
        2509634
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  "analysis": {
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  "last_updated": "2023-07-14T19:05:36.934566+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
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  "casebody": {
    "judges": [],
    "parties": [
      "Nick Lefor, Appellant, v. William C. Jones, Appellee."
    ],
    "opinions": [
      {
        "text": "Mr. Justice Lewe\ndelivered the opinion of the court.\nThis is an action in forcible detainer to recover possession of defendant\u2019s apartment in the premises commonly known as 5406 Kenwood avenue, Chicago, Illinois, for the use and occupancy of plaintiff\u2019s son. Judgment was entered in favor of plaintiff for possession and the writ of restitution was stayed for a period of five months. Shortly thereafter defendant filed a petition to vacate the judgment, which was allowed, and a new trial was granted. In the second trial the court found the issues in favor of the defendant and entered judgment accordingly. Plaintiff appeals.\nThe apartment in controversy contains four rooms and is occupied by defendant, his wife, and twenty-eight-year-old invalid daughter, under a month to month tenancy. Plaintiff\u2019s son and his family consisting of his wife and two minor children occupy a three-room apartment a block away from the premises here involved.\nPlaintiff testified that he is ill and under the care of a physician; that he wants to put his son in possession of defendant\u2019s apartment because he needs the assistance of his son in the operation of the building, and for the further reason that defendant\u2019s apartment is larger than the one presently occupied by his son.\nDefendant\u2019s petition to vacate the former judgment alleges in substance that a full hearing was not had in the former trial; that plaintiff made certain misrepresentations in the former hearing with respect to the number of rooms in the apartment occupied by plaintiff\u2019s son, the condition of plaintiff\u2019s health, and other matters which existed at the time the instant suit was filed.\nPlaintiff\u2019s principal contention is that the original judgment, finding the defendant guilty of unlawfully withholding possession of the premises from the plaintiff, was a consent judgment, and that the court erred in setting it aside. An examination of the record discloses that the judgment shows on its face that it was entered by agreement. It reads as follows:\n\u201cNow come the parties to this cause and thereupon by agreement between the parties hereto made in open court, the court enters the following finding, to-wit: . . . .\"\nA consent decree is not a judicial determination of the rights of the parties. It does not purport to represent the judgment of the court, but merely records the agreement of the parties. A decree entered by consent cannot be reviewed by appeal or writ of error. (Sims v. Powell, 390 Ill. 610; Bergman v. Rhodes, 334 Ill. 137; Smith v. Kimball, 128 Ill. 583; Armstrong v. Cooper, 11 Ill. 540; Dunlop v. Horton, 337 Ill. App. 106.)\nFor the reasons stated, the judgment appealed from is reversed and the cause remanded with directions to deny the petition to vacate the former judgment and for a new trial, thus permitting the original judgment for possession in favor of plaintiff to stand.\nReversed and remanded with directions.\nBurtce, P. J., and Kiley, J., concur.",
        "type": "majority",
        "author": "Mr. Justice Lewe"
      }
    ],
    "attorneys": [
      "Joseph A. Ricker, of Chicago, for appellant.",
      "Zlatnik, Gaines, Gordon & Grubman, of Chicago, for appellee; Michael F. Zlatnik and Robert G. Phelps, both of Chicago, of counsel."
    ],
    "corrections": "",
    "head_matter": "Nick Lefor, Appellant, v. William C. Jones, Appellee.\nGen. No. 44,686.\nOpinion filed June 29, 1949.\nReleased for publication July 18, 1949.\nJoseph A. Ricker, of Chicago, for appellant.\nZlatnik, Gaines, Gordon & Grubman, of Chicago, for appellee; Michael F. Zlatnik and Robert G. Phelps, both of Chicago, of counsel."
  },
  "file_name": "0173-01",
  "first_page_order": 193,
  "last_page_order": 195
}