Turney v. Gates
Illinois Supreme Court
This was a proceeding by Scire Facias, in the Jo Daviess Circuit Court, to revive a judgment theretofore rendered in favor of the defendant in error, at the March term, 1842, of said Court, against John Turney, who afterwards deceased. The Sci. Fa. issued against the present plaintiff in error, as administratrix of John Turney.
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This was a proceeding by Scire Facias, in the Jo Daviess Circuit Court, to revive a judgment theretofore rendered in favor of the defendant in error, at the March term, 1842, of said Court, against John Turney, who afterwards deceased. The Sci. Fa. issued against the present plaintiff in error, as administratrix of John Turney. The cause was heard before Thomas C. Browne, Justice, at the October term, 1844, a default was taken, and a judgment was rendered against the plaintiff in error, reviving the former judgment, and ordering that execution issue “against the goods and chattels, lands and…
1Opinion of the CourtTreat, C. J.
Gates recovered a judgment against Turney, in March, 1842. No execution was issued thereon within a year. Turney died in 1844; and, in 1846, Gates sued out a scire facias to revive the judgment against his administratrix. An order was entered in that proceeding, that the judgment stand revived against the administratrix, and that the plaintiff have execution against the goods and chattels, lands and tenements of the intestate. The order was erroneous. The plaintiff was not entitled to execution on the judgment. He lost his lien on the lands of the intestate, by failing to sue out an execution…
2Cited by4 opinions
- Winslow v. LelandIllinois Supreme Court · 1889
- Clingman v. HopkieIllinois Supreme Court · 1875
- Simpson v. McPhailAppellate Court of Illinois · 1885
- Ingham v. MitchellAppellate Court of Illinois · 1912