Conwell v. Thompson

Citations

• 50 Ill. 329

Syllabus

<p>1. Evidence—proceedings and decree in another suit. The record of proceedings in a suit in chancery is not even prima fade evidence in favor of one of the parties thereto against another, in a proceeding at law, where, as between those parties, in the chancery suit, in which they were co-defendants, there was nothing litigated.</p> <p>2. Same—of a judgment in the same proceeding. A creditor instituted proceedings by attachment against three; judgment in personam was obtained against one, and a judgment in ran against the others. On scire facias to make the latter parties to the personal judgment, to which a plea of non-assumpsit was interposed, going back to the original cause of action, it was held, that neither the judgment in personam against the other party, nor the judgment in rem against the defendants in the scire facias, was evidence against the latter in that proceeding, as to the amount due.</p>