Kern v. Foster, 207 Ill. App. 362 (1917)

Oct. 9, 1917 · Illinois Appellate Court · Gen. No. 22,892

207 Ill. App. 362

Ezra L. Kern, Appellee, v. Estelle Foster, Appellant.

Gen. No. 22,892.

(Not to be reported in full.)

Appeal from the Municipal Court of Chicago; the Hon. William N. Gemmill, Judge, presiding. Heard in the Branch Appellate Court at the October term, 1916.

Reversed.

Opinion filed October 9, 1917.

Statement of the Case.

Action by Ezra L. Kern, plaintiff, against Estelle Foster, defendant, for dental services, and claim of set-off by defendant for damages resulting from unskilful workmanship.' A judgment for $200 was entered on a verdict for that amount in defendant’s favor, and on plaintiff’s motion the judgment was vacated and the cause reinstated. On the trial a judgment was rendered against defendant for $17.50, from which she appeals.

John B. Synnestvedt, for appellant; George H. Sugrue, of counsel.

Lucius J. M. Malmin, for appellee.

* See Illinois Notes Digest, Vols. XI to XV, and Cumulative Quarterly, same topic and section^number.

Mr. Presiding Justice Barnes

delivered the opinion of the court.

Abstract of the Decision.

1. Municipal Court of Chicago, § 19 ^* — when motion to vacate judgment is too late. A motion to vacate a judgment after the lapse of thirty days from the entry of the judgment is too late under section 21 of the Municipal Court Act (J. & A. U 3333).

2. Municipal Court of Chicago, § 19* — when judgment deemed valid until regularly vacated. Where the Municipal Court of Chicago has jurisdiction of the parties and the subject-matter, a judgment rendered by it must be deemed valid until regularly vacated, either under the practice prescribed in section 21 of the Municipal Court Act (J. & A. H 3333), or unless reversed on a writ of error.