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J. Edward Jones, Appellant, v. Benjamin I. Salinger, Jr., et al., Defendants. Howard Blum, H. Booker and Chicago Title and Trust Co., Appellees.

CREDITORS' SUITS, § 7 — exhaustion of legal remedy as prerequisite to creditor's bill. In equitable action to subject escrow to satisfaction of judgments which were both more than ten years old, where plaintiff contended that revival of judgments by scire facias would be useless act by reason of insolvency of judgment debtor, held that no proceeding could be maintained on such dormant judgments until they were revived and executions thereon returned unsatisfied.

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

Opinion by PRESIDING JUSTICE FRIEND.

Not to be published in full. Opinion filed May 29, 1946; rehearing denied June 12, 1946; released for publication June 13, 1946.

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JONES v. SALINGER
(May 29, 1946)