Opinion
Gen. No. 43,103. (Abstract of Decisions.)
Opinion filed November 7, 1945 Released for publication November 27, 1945
JUDGMENTS, § 157.1 — granting of writ as not warranted When alleged error of fact is disclosed by pleadings. Where defendant filed petition for writ of error coram nobis to vacate judgment on theory that joint contract was pleaded by plaintiff, and since defendant was only one of twenty defendants served with summons, this constituted error of fact which, if known to court, would have prevented it from entering judgment, held that writ is not available to review questions of fact which arise upon pleadings or to correct errors of court upon questions of law, and since fact that there were nineteen other defendants was made known to court by pleadings, there was not such unknown fact as would warrant granting of writ.
See Callaghan's Illinois Digest, same topic and section number.
Appeal from the Municipal Court of Chicago; the Hon. JOHN T. ZURIS Judge, presiding.
Judgment affirmed. Heard in the third division, first district, this court at the June term, 1944.
Prescott, Burroughs Taylor, for appellant;
Patrick B. Prescott, Jr. and Archibald J. Carey, Jr., of counsel;
Siebel Siebel, for appellee;
A.F.W. Siebel and Arthur F. Siebel, of counsel.
Not to be published in full. Opinion filed November 7, 1945; released for publication November 27, 1945.