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SMITH v. CARLSON

Gen. No. 46,467.

6 Ill. App.2d 271 (1955)

127 N.E.2d 257

Russell E. Smith, and Ednah M. Jaffray, as Executors of Last Will and Testament of David S. Jaffray, Deceased, Appellants, v. John B. Carlson, and Ingrid T. Carlson, Appellees.

Appellate Court of Illinois — First District, Second Division.

Released for publication June 30, 1955.

Attorney(s) appearing for the Case

Hoover & Scheele, of Chicago, for appellants; John F. Hoover, of Chicago, of counsel.

Lawrence S. Adler, of Chicago, for appellees.

MR. JUSTICE SCHWARTZ delivered the opinion of the court.

Plaintiffs appeal from an order dismissing a scire facias proceeding. On January 20, 1934, David S. Jaffray, now deceased, recovered a judgment for $1,404.48. He died November 4, 1953. On January 15, 1954, his executors filed an affidavit for revival of the judgment by scire facias. The writ was issued on that date but was not served. An alias writ was issued January 29, 1954, and was duly served. On February...

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