Thomas

Thomas v. Lally

Good Law
1915 Cal. App. LEXIS 281·28 Cal. App. 308·152 P. 53
Court of Appeal of CaliforniaAugust 25, 1915Civ. No. 1513.California988 words

Opinion

Lead Opinion

Kerrigan, J.

This is an action upon a judgment obtained against the defendant in the state of Illinois. More than twenty years after the original judgment was given the assignee thereof sued out a writ of scire facias asking for a revival of the judgment against the defendant. The defendant appeared, filed a demurrer, which was overruled, and he elected to “stand by his demurrer”; a default was taken and entered against him, the record reading that the judgment against the defendant be revived and to stand in full force and effect as at the time of its rendition, and that the holder thereof have execution thereon against the defendant. Thereafter defendant made a motion in arrest of judgment, which was denied. Upon request he was granted permission to take an appeal, hut it appears that he failed to prosecute it within the time or at all, and the judgment of the court last referred to has never been reversed, modified, or set aside.

In the action in the court below the plaintiff recovered judgment as prayed and the defendant appeals.

From a reading of the record it appears that the court in the state of Illinois in which the original judgment was entered had jurisdiction both of the…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.