City of Chicago v. Roth

Full title: City of Chicago, Appellee, v. Jacob M. Roth, Appellant

Court: Appellate Court of Illinois, Chicago, First District

Date published: Apr 26, 1944

322 Ill. App. 696 (Ill. App. Ct. 1944)

54 N.E.2d 647

Opinion

Gen. No. 42,642. (Abstract of Decision.)

Opinion filed April 26, 1944 Rehearing denied May 12, 1944

JUDGMENTS, § 130^_ — purpose of and limitations on writ of error coram nobis. The purpose of the writ of error coram nobis under the common law practice as now provided by section 72 of the Civil Practice Act, is that such writs should only be used where an error of fact occurred at the trial, of which the court had no knowledge, and which evidence could not be produced by the defendant, either through duress, ignorance or excusable mistake, and a motion in the nature of a writ of error coram nobis may not be used as a substitute for an appeal.

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

Appeal from the Municipal Court of Chicago; the Hon. JOSEPH J. DRUCKER, Judge, presiding.

Order affirmed. Heard in the third division, first district, this court at the April term, 1943.

Herbert M. Wetzel, for appellant; Barnet Hodes, Corporation Counsel, for appellee;

J. Herzl Segal and L. Louis Karton, Assistant Corporation Counsel, of counsel.

Opinion by PRESIDING JUSTICE HEBEL.

Not to be published in full. Opinion filed April 26, 1944; rehearing denied May 12, 1944.