Mitchell v. Tyler

This is a petition in the nature of a writ of audita querela, (Nelson v. Berry, 330 Ill. App. 244) seeking the permanent stay of a writ of restitution in a forcible entry and detainer suit. The court denied the relief prayed and the defendant has appealed.

Plaintiff made a motion to dismiss the appeal in this court and the motion was taken with the case. During the oral argument, plaintiff with leave of court, withdrew the motion.

Plaintiff neither answered defendant’s petition nor moyed to strike or dismiss it. The facts alleged are admitted. October 2, 1946, plaintiff had judgment against…