Bowar v. Chicago West Division Railway Co.
Illinois Supreme Court
Appeal from the Superior Court of Cook county; the Hon. John P. Altgeld, Judge, presiding. On May 9, 1883, the Chicago West Division Railway Company recovered a judgment in ejectment, in the Superior Court of Cook county, against appellant, for the premises in controversy, in fee, and a writ of possession was awarded. No writ was in fact issued until May 23, 1884,—a year and fourteen days after the rendition of said judgment.
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Appeal from the Superior Court of Cook county; the Hon. John P. Altgeld, Judge, presiding. On May 9, 1883, the Chicago West Division Railway Company recovered a judgment in ejectment, in the Superior Court of Cook county, against appellant, for the premises in controversy, in fee, and a writ of possession was awarded. No writ was in fact issued until May 23, 1884,—a year and fourteen days after the rendition of said judgment. This writ was returned unexecuted, by order of plaintiff’s attorney.' December 10, 1884, an alias writ issued, and was returned in like manner. January 21, 1888, a third…
1Opinion of the CourtJustice Shops
The judgment of ejectment remaining unreversed, is conclusive of the title of appellee, and of its right to possession of the premises recovered, without regard to the mode of executing the judgment. Rev. Stat. chap. 45, sec. 34.
It is contended that the writ of possession issued March 24, 1890, was irregular, and should have been quashed. The judgment was rendered May 9, 1883, finding appellee the owner in fee simple of the premises in controversy, and awarding a writ of possession. No writ, however, was issued until the 23d of May, 1884,—more than a year and a day after the rendition of the…
2Cases cited4 opinions
- Fleischman v. WalkerIllinois Supreme Court · 1878
- Oakes v. WilliamsIllinois Supreme Court · 1883
- Witbeck v. . Van RensselaerNew York Court of Appeals · 1876
- Ex parte ReynoldsNew York Supreme Court · 1804
3Cited by4 opinions
- Williams v. MastersonCourt of Appeals of Texas · 1957
- Masters v. MastersAppellate Court of Illinois · 1928
- Wilson v. Trustees of SchoolsIllinois Supreme Court · 1891
- Williams v. MastersonCourt of Appeals of Texas · 1957