#### John H. McNally, Plaintiff in Error, v. Lulu Regan et al., Defendants in Error.

Gen. No. 18,516.

(Not to be reported in full.)

Error to the Superior Court of Cook county; the Hon. Theodore Brentano, Judge, presiding.

Heard in the Branch Appellate Court at the October term, 1912.

Reversed and remanded.

Opinion filed March 11, 1914.

Statement of the Casé.

Bill by John H. McNally against Lulu Began, Christopher Strassheim, former sheriff of Cook county and Michael Zimmer, present sheriff of said county, praying for relief against a judgment at law against complainant, and that the two defendants last named be restrained from executing a writ of capias ad satis *425 faciendum, issued on said judgment. From a decree dismissing his bill, complainant brings error.

Abstract of the Decision.

Judgment, § 328 * —when perjured testimony ground for new trial in equity. Where in an action for trespass against a police officer in making an arrest, plaintiff alleged and testified that she was seriously injured and that prior to such arrest she had never been injured and had been in perfect health, on the strength of which she recovered a judgment for one thousand five hundred, a bill in equity for a new trial will be sustained on proof that plaintiff’s testimony was perjured,- and that several years previously, in an action against another, she had testified to identical injuries as the result of a street car accident, due diligence on complainant’s part being shown.

William H. Sextok and Michael F. Sullivae, for plaintiff in error; Charles J. Traihor, of counsel.

Johh Stele, for defendants in error Christopher Strassheim and Michael Zimmer.

*

See Illinois Notes Digest, Yds. XI to XV, same topic and section number.

Mr. Justice Baume

delivered the opinion of the court.