Kiely v. McFarland

Appellate Court of Illinois

Kiely v. McFarland

13 Ill. App. 642, 1883 Ill. App. LEXIS 133

DecidedNovember 16, 1883

StatusPublished

This text of 13 Ill. App. 642 (Kiely v. McFarland) is published on Counsel Stack Legal Research, covering Appellate Court of Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Kiely v. McFarland, 13 Ill. App. 642, 1883 Ill. App. LEXIS 133 (Ill. Ct. App. 1883).

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Opinion

Per Curiam.

This is an appeal from an order of the Superior Court of Cook county, entered at the February term, 1883, recalling and quashing an execution issued out of said court November 29, 1882, upon a judgment rendered in said court January 16, 1880, against appellees and in favor of appellants, and perpetually staying any further proceedings thereunder.

The order from which this appeal is taken was made before the decision of the Supreme Court in Boynton v. Ball, 105 Ill. 67, was announced, and as the question presented by the record is, in all essential respects, the same as in that' case, and also in the case of McLaughlin v. MacLachlan, decided by tliis court at the March term, 1883, 12 Bradwell, 631, and the decision of tlie court below being in conflict with the rulings of those cases, it is reversed, and the cause remanded with instructions to that court, to vacate the order recalling and quashing said execution and staying proceedings thereunder.

Reversed and remanded.

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Per Curiam.

This is an appeal from an order of the Superior Court of Cook county, entered at the February term, 1883, recalling and quashing an execution issued out of said court November 29, 1882, upon a judgment rendered in said court January 16, 1880, against appellees and in favor of appellants, and perpetually staying any further proceedings thereunder.

The order from which this appeal is taken was made before the decision of the Supreme Court in Boynton v. Ball, 105 Ill. 67, was announced, and as the question presented by the record is, in all essential respects, the same as in that' case, and also in the case of McLaughlin v. MacLachlan, decided by tliis court at the March term, 1883, 12 Bradwell, 631, and the decision of tlie court below being in conflict with the rulings of those cases, it is reversed, and the cause remanded with instructions to that court, to vacate the order recalling and quashing said execution and staying proceedings thereunder.

Reversed and remanded.

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Bluebook (online)

13 Ill. App. 642, 1883 Ill. App. LEXIS 133, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kiely-v-mcfarland-illappct-1883.