Holmes v. Fanyo

Mr. Presiding Justice Dove

delivered the opinion of the court.

The question in this case is whether, when an execution is stayed on the motion of an intervening third party having an interest in the judgment, and the stay remains in effect until the 7th anniversary of the date when the judgment was entered, an alias execution can be issued on the judgment when the stay order is vacated, and a levy made on real estate of the judgment debtor. The question is presented by an appeal from an order of the circuit court of Iroquois county quashing a levy under such an alias execution, recalling the…