{
  "id": 5268870,
  "name": "Charles Schmidt v. Albert Rehwinkel",
  "name_abbreviation": "Schmidt v. Rehwinkel",
  "decision_date": "1900-01-02",
  "docket_number": "",
  "first_page": "267",
  "last_page": "268",
  "citations": [
    {
      "type": "official",
      "cite": "86 Ill. App. 267"
    }
  ],
  "court": {
    "name_abbreviation": "Ill. App. Ct.",
    "id": 8837,
    "name": "Illinois Appellate Court"
  },
  "jurisdiction": {
    "id": 29,
    "name_long": "Illinois",
    "name": "Ill."
  },
  "cites_to": [
    {
      "cite": "149 Ill. 262",
      "category": "reporters:state",
      "reporter": "Ill.",
      "case_ids": [
        5470880
      ],
      "opinion_index": 0,
      "case_paths": [
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      ]
    },
    {
      "cite": "78 Ill. 339",
      "category": "reporters:state",
      "reporter": "Ill.",
      "case_ids": [
        824024
      ],
      "opinion_index": 0,
      "case_paths": [
        "/ill/78/0339-01"
      ]
    },
    {
      "cite": "89 Ill. 596",
      "category": "reporters:state",
      "reporter": "Ill.",
      "case_ids": [
        826377
      ],
      "opinion_index": 0,
      "case_paths": [
        "/ill/89/0596-01"
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  "last_updated": "2023-07-14T16:28:30.258939+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "Charles Schmidt v. Albert Rehwinkel."
    ],
    "opinions": [
      {
        "text": "Mr. Justice Freeman\ndelivered the opinion of the court.\nDefendant in error recovered judgment by confession against the plaintiff in error, but subsequently the latter was allowed to plead, and did so. Eeplications having been filed, the cause was regularly set for trial. When reached, apparently upon the regular call of the trial calendar, no one appeared for the plaintiff in that suit, defendant in error here, and the cause was dismissed with judgment for costs against him. This occurred during the November term, 1898. No effort to vacate said order of dismissal appears to have been made during the remainder of said November term. But upon the first day of the December term following, on motion of defendant in error, the order of dismissal was set aside over the objection and exception of plaintiff in error, and such proceedings were thereafter had that judgment was again rendered against the latter, from which he prosecutes this writ of error.\nThe motion to vacate the order of dismissal and judgment for costs having been made after the expiration of the November term, at which judgment was entered, the court had no power to make any substantial amendment or to set it aside. Becker v. Sauter, 89 Ill. 596; Coursen v. Hixon, 78 Ill. 339; Ayer v. City of Chicago, 149 Ill. 262-266. The subsequent proceedings were invalid, the court having lost jurisdiction.\nThe judgment of the Circuit Court will be reversed and . the cause remanded.",
        "type": "majority",
        "author": "Mr. Justice Freeman"
      }
    ],
    "attorneys": [
      "Kretzinger, Gallagher & Rooney, attorneys for plaintiff in error.",
      "No appearance by defendant in error."
    ],
    "corrections": "",
    "head_matter": "Charles Schmidt v. Albert Rehwinkel.\n1. Practice\u2014Power of Court After Expiration of the Term.\u2014After the expiration of the term at which the judgment is entered, the court has no power to make any substantial amendment or to set it aside.\nJudgment by Confession.\u2014Error to the Circuit Court of Cook County; the Hon. Edward F. Dunne, Judge, presiding. Heard in the Branch Appellate Court at the March term, 1899.\nReversed and remanded.\nOpinion filed January 2, 1900.\nKretzinger, Gallagher & Rooney, attorneys for plaintiff in error.\nNo appearance by defendant in error."
  },
  "file_name": "0267-01",
  "first_page_order": 275,
  "last_page_order": 276
}