Reports of Cases Determined in the Supreme Court of the State of Illinois 27 (1861 And 1862)

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That no judgment was ever rendered in court while in session. That complainant is informed that on the last daj of the April term, 1857, late in the evening, the judge being sick, and confined to his room, the papers in the case were delivered by the judge to an assistant clerk of the Edgar Circuit Court, with a memo- randum in pencil on the back of papers, " Mot. overruled and judgment aff, $89.04; " that said papers were taken to the clerk's ofiice, and judgment there entered as in open court..., although the complainant is informed and charges, that the court had then adjourned, and that being unannounced, he knew nothing of said judgment until about the close of the Septem- ber term, 1857. That, believing the case still under advisement, until the night on which the September term, 1857, closed, he inquired of the court as to the case, when he was informed of the judgment at the term previous; charges inability to apply for new trial, to appeal, or file bill of exceptions on which to base writ of error, the court having been adjourned; charges absence of remedy at law, issuance of execution, and collection of judgment unless restrained; prays redress, and for an in- junction restraining deputy sherifi", and the defendant, John W.

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