People ex rel. Mark v. Walker

Lena Mark recovered a judgment at the April term, 1918, of the circuit court of Cook county against Hyman Schulman for $400 damages in an action of trespass for an assault and battery. The judgment remaining in full force, not stayed by any appeal, supersedeas, injunction or other order of any court, and being wholly unpaid, plaintiff on June 1, 1918, pursuant to notice given the defendant, moved the court to enter an order directing the clerk to issue a capias ad satisfaciendum against the defendant. The defendant resisted the motion on the ground that the writ could not lawfully issue…