Jacquemart v. Erb, 53 Ill. 291 (1870)

Jan. 1870 · Illinois Supreme Court

53 Ill. 291

Louis M. F. Jacquemart et al. v. George H. Erb.

Motion—as a remedy to set aside a dec/ree of former term. A decree of a former term can not be reviewed and set aside upon a mere motion.

Appeal from the Circuit Court of McDonough county; the Hon. Chaunoey L. Higbee, Judge, presiding.

The facts of this case will be found set forth in the opinion of the court in the preceding case of Dolton v. Erb et al.

Messrs. Hill & Dale, for the appellants.

Mr. S. Cobbing Judd, for the appellee.

Mr. Justice Lawrence

delivered the opinion of the Court:

In this case the appellant sought, by motion, to set aside the same decree which is attacked by means of a bill in the nature of a bill of review, in the case of Dolton v. Erb, ante. Apart from the insuperable objection to an attempt to review and set aside a decree of a former term by a mere motion, we have stated in the opinion, filed in the preceding case, the reasons why the relief sought can not be granted, even in a proceeding by bill.

Judgment affirmed.