Gold v. Johnson

Citations

• 59 Ill. 62

Syllabus

<p>1. Dissolution op injunction—in what manner effected—striking cause from, the docket. A suit restraining by injunction the collection of a judgment, was commenced and the writ served in June or July of 1857. The case was continued, from term to term, until the September term of 1868, when the following order was made: “ Ordered that this cause go off the docket.” On the 14th of March, 1867, execution issued upon the judgment and was levied on property of the debtor, and a sale thereof made on the 18th of April following: Held, the order striking the case from the docket, acquiesced in, and no attempt made to reinstate the case, was a virtual dissolution of the injunction.</p> <p>2. Levy upon realty—whether a satisfaction. A levy of an execution on real estate of value sufficient to satisfy it, does not, like a levy on personal property, operate while the lev) is undisposed of as such a satisfaction of the judgment as would be a bar to any attempt to enforce the collection of the judgment in any other way. The fact that such a levy lias been made, does not affect the validity of the purchaser’s title to other lands of the debtor, sold under an execution subsequently issued.</p>