{
  "id": 5189078,
  "name": "Kelley, Maus & Company v. Heath & Milligan Manufacturing Company",
  "name_abbreviation": "Kelley, Maus & Co. v. Heath & Milligan Manufacturing Co.",
  "decision_date": "1896-11-05",
  "docket_number": "",
  "first_page": "528",
  "last_page": "529",
  "citations": [
    {
      "type": "official",
      "cite": "66 Ill. App. 528"
    }
  ],
  "court": {
    "name_abbreviation": "Ill. App. Ct.",
    "id": 8837,
    "name": "Illinois Appellate Court"
  },
  "jurisdiction": {
    "id": 29,
    "name_long": "Illinois",
    "name": "Ill."
  },
  "cites_to": [
    {
      "cite": "152 Ill. 42",
      "category": "reporters:state",
      "reporter": "Ill.",
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    {
      "cite": "24 Ill. 295",
      "category": "reporters:state",
      "reporter": "Ill.",
      "case_ids": [
        5284252
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      "opinion_index": 0,
      "case_paths": [
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  "last_updated": "2023-07-14T20:02:14.451346+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
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  "casebody": {
    "judges": [],
    "parties": [
      "Kelley, Maus & Company v. Heath & Milligan Manufacturing Company."
    ],
    "opinions": [
      {
        "text": "Mr. Justice Waterman\ndelivered the opinion of the Court.\nThis was an action in replevin commenced by the plaintiffs in error in December, 1891, for certain goods and chattels mentioned in the affidavit and in the plaintiff\u2019s declaration. The defendant in error, the Heath & Milligan Manufactur;ng Company, together with Seth S. Scribner and Robert' hi. Hopkins, were made defendants. Scribner and Hopkins filed pleas, which were afterward withdrawn. Defendant in error also filed pleas of \u201cnon cepit\u201d and \u201cnon detvnet.\u201d At the January term, 1893, Scribner and Hopkins withdrew their pleas and thereupon defaults were entered against all the defendants and judgment was entered finding the property in the plaintiff and awarding it one cent damages and costs, which damages and costs were immediately entered satisfied of record.\nDuring the February term, 1893, the Heath & Milligan Company obtained an order setting aside the default and judgment. Subsequently the defendant in error filed additional pleas alleging property in itself and in Hopkins, and still later the suit was dismissed for want of prosecution, and a writ of retorno habendo awarded the defendant in error.\nThe court had no power at the February term to vacate a judgment entered at the January term, and all orders of the court entered subsequent to the judgment are void for want of power in the court to enter the same. Cook v. Wood, 24 Ill. 295; Baldwin v. McClelland, 152 Ill. 42-50.\nThe court erred in entering at the January term a judgment, as by default, against a party then having pleas on file, but as error as to this is not assigned, we can not correct such error.\nAll the action of the court subsequent to the January term was error, and all orders entered after the close of the January term are reversed.\nOrders subsequent to close of January term, 1893, are reversed.",
        "type": "majority",
        "author": "Mr. Justice Waterman"
      }
    ],
    "attorneys": [
      "Defrees, Brace & Bitter, attorneys for plaintiffs in error."
    ],
    "corrections": "",
    "head_matter": "Kelley, Maus & Company v. Heath & Milligan Manufacturing Company.\n1. Courts\u2014Powers at Subsequent Terms.\u2014The Superior Court of Cook County has no power at its February term to vacate a judgment entered at its January term.\n2. Appellate Court Practice\u2014Errors not Assigned.\u2014An error in the proceedings pf the court below which is not assigned can not be corrected.\nReplevin.\u2014Error to the Superior Court of Cook County; the Hon. Jonas Hutchinson, Judge, presiding. Heard in this court at; the October term, 1896.\nOrders reversed.\nOpinion filed November 5, 1896.\nDefrees, Brace & Bitter, attorneys for plaintiffs in error."
  },
  "file_name": "0528-01",
  "first_page_order": 524,
  "last_page_order": 525
}