Opinion
Gen. No. 43,789. (Abstract of Decision.)
Opinion filed December 31, 1946 Rehearing denied January 14, 1947 Released for publication January 15, 1947
AUDITA QUERELA, — leave to file petition in nature of writ of audita querela as denied when allegations would have been subject to demurrer. In action of forcible detainer to recover possession of apartment occupied by defendants, order denying defendants leave to file petition in nature of writ of audita, querela, more than 30 days after entry of judgment for possession, would be affirmed for reason that writ can be awarded only on petition setting forth grounds of relief with such certainty as would be good on demurrer, and allegations of defendants' petition were so insufficient that they would have been subject to demurrer.
See Callaghan's Illinois Digest, same topic and section number.
Appeal from the Municipal Court of Chicago; the Hon. OSCAR S. CAPLAN, Judge, presiding.
Order affirmed. Heard in the second division, first district, this court at the October term, 1946.
Irwin Bloom and Victor H. Goulding, for appellants;
George C. Adams, for appellee.
Not to be published in full. Opinion filed December 31, 1946; rehearing denied January 14, 1947; released for publication January 15, 1947.