SMITH v. CARLSON

No. 33739.

8 Ill.2d 74 (1956)

132 N.E.2d 513

RUSSELL E. SMITH et al., Exrs., Appellants, v. JOHN B. CARLSON et al., Appellees.

Supreme Court of Illinois.

Rehearing denied March 19, 1956.


Attorney(s) appearing for the Case

HOOVER & SCHEELE, of Chicago, (JOHN F. HOOVER, of counsel,) for appellants.

LAWRENCE S. ADLER, of Chicago, for appellees.


Reversed and remanded.

Mr. JUSTICE MAXWELL delivered the opinion of the court:

Petition for leave to appeal from a judgment of the Appellate Court affirming the order of the circuit court of Cook County dismissing a scire facias proceeding to revive a judgment has been granted. The issue presented here on appeal is whether a judgment may be revived in a scire facias proceeding where the affidavit for revival of the judgment by scire facias...

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