Summary
In Jones v. Salinger, 329 Ill. App. 177, the analogy was relied upon by this court in holding that a creditor's suit may not be brought where the judgment at law was dormant before the filing of the suit in equity.
Summary of this case from Thomas v. KowalewskiOpinion
Gen. No. 43,450. (Abstract of Decision.)
Opinion filed May 29, 1946 Rehearing denied June 12, 1946 Released for publication June 13, 1946
CREDITORS' SUITS, § 7 — exhaustion of legal remedy as prerequisite to creditor's bill. In equitable action to subject escrow to satisfaction of judgments which were both more than ten years old, where plaintiff contended that revival of judgments by scire facias would be useless act by reason of insolvency of judgment debtor, held that no proceeding could be maintained on such dormant judgments until they were revived and executions thereon returned unsatisfied.
See Callaghan's Illinois Digest, same topic and section number.
Appeal from the Superior Court of Cook county; the Hon. JOHN C. LEWE, Judge, presiding.
Decree affirmed. Heard in the second division, first district, this court at the June term, 1945.
J. Edward Jones, pro se;
McInerney, Epstein Arvey, for certain appellee;
Louis M. Mantynband, and Melvin A. Garretson, of counsel;
Sonnenschein, Berkson, Lautmann, Levinson Morse, for certain other appellee;
John J. Faissler, of counsel.
Not to be published in full. Opinion filed May 29, 1946; rehearing denied June 12, 1946; released for publication June 13, 1946.