Ford v. Beckwith

Citations

• 48 Ill. 210

Syllabus

<p>1. Scire facias—to revive a judgment. Where in a proceeding by scire facias to revive a judgment, rendered nil dicit, the defendant pleaded that he filed a plea to the declaration, which was improperly withdrawn by another attorney, without authority, which plea was demurred to and demurrer sustained; it was held, that the demurrer was properly sustained—-the defendant having appeared, was in court, and must be presumed cognizant of the judgment rendered against him, and should then have moved to set it aside, and upon its being denied, could have prosecuted his writ of error. Upon his failure to do this, the judgment was conclusive.</p>