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Feltinton v. Rongetti

Appellate Court of Illinois, First District
Mar 1, 1949
337 Ill. App. 383 (Ill. App. Ct. 1949)

Opinion

Gen. No. 44,272. (Abstract of Decision.)

Opinion filed March 1, 1949 Released for publication May 12, 1949

SCIRE FACIAS, § 8sufficiency of statement of claim in proceedings to revive confession judgment on note. Where verified statement of claim in scire facias proceedings to revive a judgment by confession on a note alleged that plaintiff was actual bona fide owner of judgment having acquired title thereto by written assignment from a third person as successor receiver of a bank, such allegations were sufficient to comply with statute concerning allegations in pleadings in suits by assignees of nonnegotiable choses in action, and defendant, having been served with summons in revival proceedings within apt time and having failed, prior to entry of revival judgment, to comply with statute providing that allegation of assignment of any instrument in writing shall be deemed admitted unless denied by verified pleading, would be held to have admitted propriety of assignment to plaintiff (Ill. Rev. Stat. 1947, ch. 110, pars. 146, 159; Jones Ill. Stats. Ann. 104.022, 104.035).

See Callaghan's Illinois Digest, same topic and section number.

Appeal from the Municipal Court of Chicago; the Hon. JOSEPH H. McGARRY, Judge, presiding.

Affirmed. Heard in the second division, first district, this court at the December term, 1947.

Joseph B. Gilbert, for appellant;

Aaron Soble, for appellee.


Not to be published in full. Opinion filed March 1, 1949; released for publication May 12, 1949.


Summaries of

Feltinton v. Rongetti

Appellate Court of Illinois, First District
Mar 1, 1949
337 Ill. App. 383 (Ill. App. Ct. 1949)
Case details for

Feltinton v. Rongetti

Case Details

Full title:R. L. Feltinton, Assignee of John W. P. Smith, Successor Receiver of…

Court:Appellate Court of Illinois, First District

Date published: Mar 1, 1949

Citations

337 Ill. App. 383 (Ill. App. Ct. 1949)
86 N.E.2d 292

Citing Cases

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The answer of defendant does not deny the genuineness of the execution or the assignment of the certificate…

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