Wiley v. Southerland

Citations

• 41 Ill. 25

Syllabus

<p>1. Parol evidence—contradicting the record of a judgment. The date of a judgment is as material as any other portion of it, and can no more be contradicted by parol evidence than the amount or character of the judgment.</p> <p>2. So, where a party against whom a judgment has been rendered by a justice of the peace, on a garnishee process, sought to enjoin the collection of the judgment, upon the alleged ground, that, while upon its face it purported to have been rendered on the same day the defendant therein answered, yet in fact it was not entered until long afterward, whereby lie lost his opportunity of appeal, and by such delay the justice had lost his jurisdiction,—it was held, the record must be taken as speaking the absolute truth as to the date of the entry, and could not be contradicted by parol in that regard.</p>