Opinion
Gen. No. 44,272. (Abstract of Decision.)
Opinion filed March 1, 1949 Released for publication May 12, 1949
SCIRE FACIAS, § 8 — sufficiency of statement of claim in proceedings to revive confession judgment on note. Where verified statement of claim in scire facias proceedings to revive a judgment by confession on a note alleged that plaintiff was actual bona fide owner of judgment having acquired title thereto by written assignment from a third person as successor receiver of a bank, such allegations were sufficient to comply with statute concerning allegations in pleadings in suits by assignees of nonnegotiable choses in action, and defendant, having been served with summons in revival proceedings within apt time and having failed, prior to entry of revival judgment, to comply with statute providing that allegation of assignment of any instrument in writing shall be deemed admitted unless denied by verified pleading, would be held to have admitted propriety of assignment to plaintiff (Ill. Rev. Stat. 1947, ch. 110, pars. 146, 159; Jones Ill. Stats. Ann. 104.022, 104.035).
See Callaghan's Illinois Digest, same topic and section number.
Appeal from the Municipal Court of Chicago; the Hon. JOSEPH H. McGARRY, Judge, presiding.
Affirmed. Heard in the second division, first district, this court at the December term, 1947.
Joseph B. Gilbert, for appellant;
Aaron Soble, for appellee.
Not to be published in full. Opinion filed March 1, 1949; released for publication May 12, 1949.