Bonnell v. Neely

Citations

• 43 Ill. 288

Syllabus

<p>1. Statutes—act of 1845—concerning stay of proceedings out of term— who entitled to. Section 46, of the practice act of 1845, authorizing “ a party” out of term, intending to move to set aside or quash any execution, replevin bond, or 'other proceeding, to apply to a judge at his chambers, for an order staying proceedings, as preliminary to a motion to be made in term time, to quash the same, applies only to “ a party ” to the proceedings sought to he quashed.</p> <p>2. Same—not intended for persons not parties to the proceedings. Persons who are not parties to the proceedings thus sought to be set aside, cannot, by the summary means of a motion, assert adverse rights. Such rights can only be adjusted by the aid of regular proceedings.</p> <p>0 3. Same—abuse of process. Under this statute, where there has been an abuse of the process, as between the parties to the proceedings, this summary remedy, by motion, is allowed; but strangers to the proceedings cannot assert their rights in this manner.</p>