DocketNumber: No. 16734. Judgment reversed.
Citation Numbers: 149 N.E. 14, 318 Ill. 174
Judges: Mr. JUSTICE THOMPSON delivered the opinion of the court:
Filed Date: 6/18/1925
Status: Precedential
Modified Date: 1/12/2023
At the November term, 1921, of the circuit court of Christian county the Mt. Auburn State Bank recovered a judgment against Grover C. Watkins. An execution was issued thereon, and D.L. Dunbar, sheriff of Christian county, levied upon certain of his property. W.H. Watkins, appellant, who is the father of Grover, claimed to be *Page 176 the owner of the property taken under the execution by virtue of a foreclosure sale under a chattel mortgage given by his son. In June, 1922, W.H. Watkins brought his action of replevin against Dunbar to recover the property in question. A jury was waived, and after a hearing in the circuit court judgment was entered at the March term, 1923, in favor of Watkins. From that judgment an appeal was prosecuted to the Appellate Court for the Third District, and there the judgment of the circuit court was reversed, and there was incorporated in the judgment order a finding that the chattel mortgage was void as against the rights of the Mt. Auburn State Bank, and that Dunbar was entitled to the possession of the property by virtue of the levy made by him under the execution. (Watkins v. Dunbar, 232 Ill. App. I.) August 20, 1924, a certified copy of the judgment of the Appellate Court was filed in the office of the clerk of the circuit court of Christian county. Thereafter, on motion of the attorneys for the Mt. Auburn State Bank, the cause was re-docketed in the circuit court and a motion made for a judgment "in accordance with the decision and mandate of the Appellate Court." During the November term, 1924, this motion was allowed and a judgment was entered ordering "that the defendant do have and recover of and from the plaintiff the possession of the property mentioned and described in the writ of replevin, etc." Thereupon the clerk of the circuit court issued a writ of retorno habendo and fieri facias directed to the coroner, commanding her to cause the property described to be returned to "Andrew Flesher, sheriff, successor in office to D.L. Dunbar," and to make of the property of W.H. Watkins $16.65 for costs. Watkins filed in the circuit court his motion to set aside the order entered and to recall the writ. The motion was denied, and this appeal was prosecuted directly to this court upon the ground that the property of appellant is by the judgment of the circuit court taken without due process of law in violation of the constitution. *Page 177
When the appeal from the judgment in the replevin case was perfected in the Appellate Court the circuit court of Christian county lost jurisdiction of the case and all proceedings in that court were stayed. (People v. Pam,
The judgment entered at the November term, 1924, being unauthorized, it is reversed.
Judgment reversed.
Mr. JUSTICE HEARD took no part in this decision. *Page 179
The People v. Ridge Country Club , 399 Ill. 46 ( 1947 )
First Nat. Bank v. Hahnemann Inst. , 356 Ill. 366 ( 1934 )
Danford v. Watkins , 337 Ill. 222 ( 1929 )
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