Herrick v. Wallace

— The question here involved relates to the validity of the proceedings had by motion to satisfy plaintiff’s judgment.

Relief from a judgment that has been paid may be had on motion, which form of procedure, in general practice, has, in most of the states, superseded the remedy by audita querela derived from the common law: See 6 C. J. 851.

Speaking further of procedure, the Supreme Court of Illinois, in discussing cases of this character, wrote:

“In cases arising upon motion, it would seem that the same mode of trial ought to prevail as prevailed at common law in proceedings by the writ of…