judgment is predicated upon error (Illinois) · Go Syfert
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judgment is predicated upon error in Illinois

7 Illinois opinions name it 1 courts 1993–2014 0 in the last five years

The cases below were cited by Illinois courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (2)

CaseFollowedCited
In Re Marriage of Stefiniwgreen
illappct · 1993 · cited in 6 Illinois opinions naming this issue, 2000–2014
2 sentences

2014App. 3d 196, 201 , 625 N.E.2d 358, 362 (1993), wherein the First District de- termined that because the respondent asserted a defect in the trial court's jurisdiction that "was not apparent from the face of the record in the dissolution action, the dissolution judgment was voidable and [the] respondent was obligated to proceed under section 2-1401 in order to have the judgment set aside." (Emphasis added.) In so holding, the court stated the proposition that "[w]here a motion to vacate a judgment is predicated upon error which is not apparent from the record and requires proof by other evidenc

2014App. 3d 196, 201 , 625 N.E.2d 358, 362 (1993), wherein the First District de- termined that because the respondent asserted a defect in the trial court's jurisdiction that "was not apparent from the face of the record in the dissolution action, the dissolution judgment was voidable and [the] respondent was obligated to proceed under section 2-1401 in order to have the judgment set aside." (Emphasis added.) In so holding, the court stated the proposition that "[w]here a motion to vacate a judgment is predicated upon error which is not apparent from the record and requires proof by other evidenc

26
In Re Marriage of Noblegreen
illappct · 1989 · cited in 1 Illinois opinions naming this issue, 1993–1993
1 sentence

1993See In re Marriage of Noble (1989), 192 Ill.

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Illinois. Read the followed side critically anyway.

Also cited on this issue (2)

CaseCitedYears
In re J.D. green
illappct · 2000
2 sentences

2014App. 3d at 450 , 739 N.E.2d at 1048 , wherein we stated as follows: "A judgment is characterized as void and may be collaterally at- tacked at any time where the record itself furnished the facts that establish that the court acted without jurisdiction. [Citation.] However, where a motion to vacate a judgment is predicated upon error that is not apparent from the record and requires proof by other evidence, the party seeking to vacate the judgment must pro- ceed under section 2-1401 and must comply with all of the re- quirements set forth in that section. [Citation]." ¶ 16 In J.D., 317 Ill.

2014App. 3d at 450 , 739 N.E.2d at 1048 , wherein we stated as follows: “A judgment is characterized as void and may be collaterally attacked at any time where the record itself furnished the facts that establish that the court acted without jurisdiction. [Citation.] However, where a motion to vacate a judgment is predicated upon error that is not apparent from the record and requires proof by other evidence, the party seeking to vacate the judgment must proceed under section 2-1401 and must comply with all of the requirements set forth in that section. [Citation.]” ¶ 16 In J.D., 317 Ill.

22014–2014
In Re JD green
illappct · 2000
2 sentences

2014App. 3d at 450 , 739 N.E.2d at 1048 , wherein we stated as follows: "A judgment is characterized as void and may be collaterally at- tacked at any time where the record itself furnished the facts that establish that the court acted without jurisdiction. [Citation.] However, where a motion to vacate a judgment is predicated upon error that is not apparent from the record and requires proof by other evidence, the party seeking to vacate the judgment must pro- ceed under section 2-1401 and must comply with all of the re- quirements set forth in that section. [Citation]." ¶ 16 In J.D., 317 Ill.

2014App. 3d at 450 , 739 N.E.2d at 1048 , wherein we stated as follows: “A judgment is characterized as void and may be collaterally attacked at any time where the record itself furnished the facts that establish that the court acted without jurisdiction. [Citation.] However, where a motion to vacate a judgment is predicated upon error that is not apparent from the record and requires proof by other evidence, the party seeking to vacate the judgment must proceed under section 2-1401 and must comply with all of the requirements set forth in that section. [Citation.]” ¶ 16 In J.D., 317 Ill.

22014–2014

Statutes the citing opinions construe

IL § 735 ILCS 5/2-1401 (4) IL § 750 ILCS 50/20b (4) IL § 735 ILCS 5/2-619 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

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