Bransky v. Lebow

Mr. Presiding Justice O’Cototor

delivered the opinion of the court.

October 22,1936, Samuel Bransky filed his complaint in chancery against Joseph Lebow and John Toman, sheriff of Cook county, praying that a judgment entered against him by default in favor of Lebow in an action to recover damages for an assault upon the person, be set aside, and further, that the sheriff be restrained from taking Bransky into custody on a writ of capias ad satisfaciendum issued on the judgment. The complaint, which was verified, set up that Bransky had not been served with process in the action for damages and…