Richeson v. Ryan
Illinois Supreme Court
Eicheson brought this cause to this court by writ of error. Eyan filed his plea of release of errors, stating that Eicheson had voluntarily paid the judgment against him, to which plea a demurrer was interposed.
1Opinion of the CourtTreat, C. J.
Eyan recovered a judgment against Eicheson. The latter paid the judgment before an execution issued, and then sued out a writ of error to reverse it. Did the payment operate as a release of errors ? If the judgment had been collected by execution, there would not be a doubt of the right of Eicheson to prosecute the writ of error. A payment made under such circumstances would be compulsory, and would not preclude him from afterwards reversing the judgment, if erroneous, and then maintaining an action to recover back the amount paid. The payment in question must equally be considered as made…
2Cited by18 opinions
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