{
  "id": 5069849,
  "name": "Charles Wiltshire et al. v. Elizabeth Lambert",
  "name_abbreviation": "Wiltshire v. Lambert",
  "decision_date": "1892-06-03",
  "docket_number": "",
  "first_page": "473",
  "last_page": "474",
  "citations": [
    {
      "type": "official",
      "cite": "44 Ill. App. 473"
    }
  ],
  "court": {
    "name_abbreviation": "Ill. App. Ct.",
    "id": 8837,
    "name": "Illinois Appellate Court"
  },
  "jurisdiction": {
    "id": 29,
    "name_long": "Illinois",
    "name": "Ill."
  },
  "cites_to": [],
  "analysis": {
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    "char_count": 2717,
    "ocr_confidence": 0.432,
    "pagerank": {
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      "percentile": 0.4380135675863728
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    "sha256": "df1b288111ee4c65c95d7faac90e58d137fc05078c8176e410099f38b4ec45bc",
    "simhash": "1:3c4f3023ca924d60",
    "word_count": 487
  },
  "last_updated": "2023-07-14T16:00:30.730018+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "Charles Wiltshire et al. v. Elizabeth Lambert."
    ],
    "opinions": [
      {
        "text": "Gary, J.\nThe appellant Wiltshire recovered in an action for slander, a judgment for $5,000 against the appellee, his mother-in-law, which we may assume was unfair, and put her in jail.\nOn habeas corpus she was released, hut on what grounds does not appear. The judgment, therefore, except so far as her imprisonment is a credit upon it, under the statute, at the rate of \u00a71.50 per day, remains in force. \u201c The greatest effect which the law gives to a commitment on a ca. sa. is a suspension of the other remedies on the judgment during its continuance; whenever it terminates without the consent of the creditor, the plaintiff is restored to them all as fully as if he had never made use of any,\u201d \u201c If the defendant escape, or is discharged by operation of law, the judgment retains its lien, and may be enforced on his property.\u201d Taylor v. Thompson, 5 Peters, 358, citing English cases as authority. The text writers state the same principles, and undoubtedly such is the law.\nThe appellee filed a bill to have the judgment removed as a cloud upon her title to real estate; the decree was in her favor; this appeal is from that decree.\nIf the judgment had been satisfied, it is not for the purposes of this case questioned, that resort might be had to equity to remove the cloud, however complete the power of the common law court to enter satisfaction for it, for matter subsequent to its rendition. Bacon\u2019s Abr., title, Au dita querela. But the satisfaction of the judgment is a sine qua non to a bill to remove it as a cloud, and therefore the decree is erroneous, and is reversed, and the bill dismissed.\nDecree reversed and HU dismissed.",
        "type": "majority",
        "author": "Gary, J."
      }
    ],
    "attorneys": [
      "Mr. John N\". Jemson, for appellant Wiltshire, and pro st\\",
      "Mr. Frank A. Johnson, for appellee."
    ],
    "corrections": "",
    "head_matter": "Charles Wiltshire et al. v. Elizabeth Lambert.\nJRoal Property\u2014Bill to Remove Cloud\u2014Judgment.\n1. The greatest effect which the law gives to a commitment on a cm. sa. is a suspension of the other remedies on the judgment during its continuance; whenever it terminates, without the consent of the creditor, the plaintiff is restored to them all as fully as if he had never made use of any. If the defendant escape, or is discharged by operation of law, the judgment retains its lien, and may be enforced on his property.\n2. Where a judgment has been satisfied, resort may be had to equity to remove the cloud on title to real estate of the debtor, however complete the power of the common law court to enter satisfaction for it, for matters subsequent to its rendition. But the satisfaction of the judgment is a sine qua non to a bill to remove it as a cloud.\n[Opinion filed June 3, 1892.]\nAppeal from the Circuit Court of Cook County; the lion. Loren 0. Collins, Judge, presiding.\nMr. John N\". Jemson, for appellant Wiltshire, and pro st\\\nMr. Frank A. Johnson, for appellee."
  },
  "file_name": "0473-01",
  "first_page_order": 469,
  "last_page_order": 470
}