Bremer v. Murray

Decided January 22, 1914

Appellate Court of Illinois · decided 1914-01-22

Abstract of the Decision. 1. Execution, § 302*—when evidence on question of malice for discharge from custody under a ca. sa. On petition filed by a judgment debtor in the County Court under the Insolvent Debtor’s Act, J. & A. ¶ 6199, to be released from custody under a capias ad satisfaciendum issued on a judgment, refusal of court to permit the petitioner to show by evidence that malice was not the gist of the action for the reason that the judgment record was res adjudicata on the question, held proper. 2. Execution, § 295*—when record of judgment conclusive on question of malice on petition for discharge from custody under a ca. sa. The record of a judgment in tort recovered against defendant in an action charging defendant with making fraudulent representations that a trust deed was first lien upon real estate described therein to induce the plaintiff to purchase the deed, held res adjudicata on the question whether malice was the gist of the action, it appearing that the jury returned a special finding and the court found that the misrepresentations were made with malicious and fraudulent intent.

Affirmed · Decided 1914-01-22

Mr. Justice Scanlan

¶1delivered the opinion of the court.

2. Execution, § 295*—when record of judgment conclusive on question of malice on petition for discharge from custody under a ca. sa. The record of a judgment in tort recovered against defendant in an action charging defendant with making fraudulent representations that a trust deed was first lien upon real estate described therein to induce the plaintiff to purchase the deed, held res adjudicata on the question whether malice was the gist of the action, it appearing that the jury returned a special finding and the court found that the misrepresentations were made with malicious and fraudulent intent.