People Ex Rel. Abbey & Hall v. McDonough

This is a mandamus action brought in the superior court of Cook County to compel respondent, as clerk of the municipal court of Chicago, to issue a summons in a wage deduction proceeding based on relator’s unconfirmed judgment by confession entered prior to July 1, 1961. The superior court denied the relief sought, entered judgment for the respondent, and dismissed the complaint. The validity of a statute is involved.

The essential facts are undisputed. Relator obtained a judgment by confession without service of process against Harry West on February 6, 1961, in the municipal court of…