Ætna Casualty & Surety Co. v. Kishwaukee Special Drainage Dist.

MAJOR, Circuit Judge.

This is an appeal from a summary judgment, entered April 16, 1943, upon plaintiff’s motion, in the amount of $22,913.24. The judgment rests solely upon plaintiff’s right of subrogation to seven named judgment creditors (herein referred to as the Masterson creditors), who obtained their judgments against the defendant in the Circuit Court of DeKalb County, Illinois, March 12, 1923. The judgment in the instant case requires, in the event no funds are available for its satisfaction, that defendant “by its officers, agents and servants, shall proceed forthwith to levy a…