Peiffer v. French

The circuit court of Cook county quashed a writ of capias ad satisfaciendum issued on application of plaintiffs who had previously obtained judgments for personal injuries against the appellee. The Appellate Court for the First District affirmed the action of the circuit court on the ground that the original judgment did not contain a finding that malice was the gist of the action as required by section 5 of the Judgments act, as amended. (Ill. Rev. Stat. 1939, chap. 77, par. 5.) The cause is before us by appeal on leave to appeal granted.

On April 21, 1938, judgments in the amount of $10,625…