Thayer, Aldrich & Co. v. Finley

Citations

• 36 Ill. 262

Syllabus

<p>1. Practice—writ of error, when it, Hes. A party may prosecute a writ of error to reverse a judgment in Ms own favor.</p> <p>2. Same —judgment erroneous if confessed without assent of plaintiff. On a cognovit, given by a defendant, it is erroneous to enter up a judgment thereon against him, unless with the assent of the plaintiff, or that he ap. peared in the case by filing a- declaration or otherwise, and this the record should show.</p> <p>8. Same—satisfaction of judgment does not affect error in the record. The fact that a judgment sought to be reversed has been satisfied, does not affect the errors in the record, and to be availed of, it must be pleaded.</p>