{ "id": 869007, "name": "Railway Passenger and Freight Conductors' Mutual Aid and Benefit Association v. Anna Leonard", "name_abbreviation": "Railway Passenger & Freight Conductors' Mutual Aid and Benefit Ass'n v. Leonard", "decision_date": "1896-02-11", "docket_number": "", "first_page": "477", "last_page": "479", "citations": [ { "type": "official", "cite": "62 Ill. App. 477" } ], "court": { "name_abbreviation": "Ill. App. Ct.", "id": 8837, "name": "Illinois Appellate Court" }, "jurisdiction": { "id": 29, "name_long": "Illinois", "name": "Ill." }, "cites_to": [ { "cite": "157 Ill. 194", "category": "reporters:state", "reporter": "Ill.", "case_ids": [ 3141756 ], "opinion_index": 0, "case_paths": [ "/ill/157/0194-01" ] }, { "cite": "38 Ill. 443", "category": "reporters:state", "reporter": "Ill.", "case_ids": [ 428277 ], "opinion_index": 0, "case_paths": [ "/ill/38/0443-01" ] }, { "cite": "142 Ill. 560", "category": "reporters:state", "reporter": "Ill.", "case_ids": [ 3086989 ], "opinion_index": 0, "case_paths": [ "/ill/142/0560-01" ] }, { "cite": "43 Ill. App. 599", "category": "reporters:state", "reporter": "Ill. App.", "case_ids": [ 5056047 ], "opinion_index": 0, "case_paths": [ "/ill-app/43/0599-01" ] }, { "cite": "147 Ill. 138", "category": "reporters:state", "reporter": "Ill.", "case_ids": [ 833757 ], "opinion_index": 0, "case_paths": [ "/ill/147/0138-01" ] }, { "cite": "83 Ill. 11", "category": "reporters:state", "reporter": "Ill.", "case_ids": [ 2661557 ], "opinion_index": 0, "case_paths": [ "/ill/83/0011-01" ] }, { "cite": "159 Ill. 610", "category": "reporters:state", "reporter": "Ill.", "case_ids": [ 3131427 ], "opinion_index": 0, "case_paths": [ "/ill/159/0610-01" ] }, { "cite": "57 Ill. App. 382", "category": "reporters:state", "reporter": "Ill. App.", "case_ids": [ 856685 ], "opinion_index": 0, "case_paths": [ "/ill-app/57/0382-01" ] }, { "cite": "73 Ill. 485", "category": "reporters:state", "reporter": "Ill.", "case_ids": [ 5319343 ], "opinion_index": 0, "case_paths": [ "/ill/73/0485-01" ] }, { "cite": "121 Ill. 321", "category": "reporters:state", "reporter": "Ill.", "case_ids": [ 5387161 ], "opinion_index": 0, "case_paths": [ "/ill/121/0321-01" ] }, { "cite": "8 Ill. App. 371", "category": "reporters:state", "reporter": "Ill. App.", "case_ids": [ 4844030 ], "opinion_index": 0, "case_paths": [ "/ill-app/8/0371-01" ] } ], "analysis": { "cardinality": 276, "char_count": 4236, "ocr_confidence": 0.569, "pagerank": { "raw": 1.4995082970336857e-07, "percentile": 0.6653750855744872 }, "sha256": "d72688255d4df24093156d98fbba49b254057b2a5aae089ee8e29342a59f4c65", "simhash": "1:19e5c2197f59bec1", "word_count": 739 }, "last_updated": "2023-07-14T19:10:11.174453+00:00", "provenance": { "date_added": "2019-08-29", "source": "Harvard", "batch": "2018" }, "casebody": { "judges": [], "parties": [ "Railway Passenger and Freight Conductors\u2019 Mutual Aid and Benefit Association v. Anna Leonard." ], "opinions": [ { "text": "Mr. Presiding Justice Gary\ndelivered the opinion or the Court.\nThe decree, for the appellee was entered at the February term, 1895.\nBy orders not questioned, the time in which to file a certificate of evidence was extended to the 18th day of April, 1895. On the 17th, .the appellant, without notice to the appellee, procured from, the court an order for a further extension of five days, and the certificate was filed April 23d.\nThe authority of a court to affect the result of a cause, disposed of at a previous term, is no greater on the chancery than on the law side of the court. Sihlholz v. Wolff, 8 Ill. App. 371.\nA certificate of evidence, like a bill of exceptions, may show that the final action of a court, which is unexceptionable on its face, is. erroneous for matter extrinsic.\nTo permit such extrinsic matter to be brought into the record at a subsequent term, can be done only in pursuance of power reserved at the former term. Hake v. Strubel, 121 Ill. 321. Or by consent of both parties. Humphrey-ville v. Culver, 73 Ill. 485.\nTo extend the time first fixed is a judicial act. U. S. Life Ins. Co. v. Shattuck, 57 Ill. App. 382; 159 Ill. 610.\nJudicial acts, when allowable to affect proceedings of a former term, must be upon notice. Bryant v. Mix, 83 Ill. 11.\nThe difficulty of giving notice can not enlarge the power of the court.\nUpon these considerations the certificate of evidence has been, on the motion of the appellee, stricken out.\nUpon the pleadings, the case is like the case of this appellant v. Robinson, 147 Ill. 138; and it is unnecessary to repeat the argument of the Supreme Court there, or of this court in the case of this appellant v. Loomis, 43 Ill. App. 599, afterward reversed upon another point, in 142 Ill. 560, that the decision of the board of directors against the demand of the appellee does not conclude her; neither as decision or as condition. Moore v. Woolsey, 4 El. & Bl., 82 E. V. L. 242; Van Arman v. Byington, 38 Ill. 443.\nThe decree includes interest from the time that the appellant ought to have made an assessment. The appellant argues that this is error, and cites the case of this appellant v. Tucker, 157 Ill. 194, which is in point. But there is no assignment of error that touches this question; \u201cother manifold errors \u201d means nothing.\nThe decree is affirmed.", "type": "majority", "author": "Mr. Presiding Justice Gary" } ], "attorneys": [ "Peck, Hiller & Starr, attorneys for appellant.", "Willits, Case & Odell, attorneys for appellee." ], "corrections": "", "head_matter": "Railway Passenger and Freight Conductors\u2019 Mutual Aid and Benefit Association v. Anna Leonard.\n1. Courts\u2014Power over Former Adjudications.\u2014The authority of a court to affect the result of a cause disposed of at a previous term is nb greater on the chancery than on the law side of the court.\n2. Certificate of Evidence\u2014When it Gontrols.\u2014A certificate of evidence, like a bill of exceptions,\" may show that the final action of the court, which is unexceptionable on its face, is in fact erroneous for matter extrinsic.\n3. Same\u2014Extension of Time for Filing Notice.\u2014To extend the time first fixed for filing a certificate of evidence is a judicial act, and when allowable to affect proceedings of a former term, must be upon notice.\n4. Records\u2014Addition of Extrinsic Matter.\u2014To permit extrinsic matter to be brought into a record at a subsequent term can be done only in pursuance of the power reserved at the former term or by consent of both parties.\n5. Notice\u2014Difficulty of Giving.\u2014Where the law requires a notice to be given the difficulty of giving such notice does not enlarge the power of the court.\n6. Beneficiary Associations\u2014Decisions of. When Not Conclusive. \u2014Under the constitution of the Railway Passenger & Freight Conductors\u2019 Mutual Aid and Benefit Association, the beneficiary of a certificate is not concluded by the decision of the board of directors against his demand, neither as a decision nor as a condition.\n7. Appellate Court Practice\u2014Points Not Assigned as Error.\u2014 The points raised upon appeal in the Appellate Court must be confined to the errors assigned.\nAssumpsit, on a certificate of a beneficiary association. Appeal from the Superior Court of Cook County; the Hon. John Barton Payne, Judge, presiding. Heard in this court at the October term, 1895.\nAffirmed.\nOpinion filed February 11, 1896.\nPeck, Hiller & Starr, attorneys for appellant.\nWillits, Case & Odell, attorneys for appellee." }, "file_name": "0477-01", "first_page_order": 473, "last_page_order": 475 }