Mitchell v. Mayo
Illinois Supreme Court
This was an agreed case from Macoupin County, setting forth that on the 9th of May, 1851, the deceased gave his note to the plaintiff for $450, to be¡ar interest from date, at the rate of ten per cent, per annum, for money loaned. Under the 95th section of Statute of “ Wills,” defendant gave notice of a day in the County Court of said county, for adjustment of claims against the estate of said deceased, when said note was presented and allowed in favor of the plaintiff.
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This was an agreed case from Macoupin County, setting forth that on the 9th of May, 1851, the deceased gave his note to the plaintiff for $450, to be¡ar interest from date, at the rate of ten per cent, per annum, for money loaned. Under the 95th section of Statute of “ Wills,” defendant gave notice of a day in the County Court of said county, for adjustment of claims against the estate of said deceased, when said note was presented and allowed in favor of the plaintiff. The question certified and submitted to the Supreme Court, is this, “ Does the allowance of said note reduce the rate of…
1Opinion of the Court
Catón, J.
The question presented in this cause is, whether the decision of the county court allowing the claim of the creditor against the estate was, in the language of the statute, a “ judgment recovered before any court or magistrate authorized to enter, up the same within this State.” We think it fully settled in the case of Propts v. Meadows, 13 Ill. 157, that it was such a judgment. In pursuance of Sec. 95, Stat. of Wills, the administrator gave notice to persons having claims against the estate, to appear before the county court, on a certain day, and present and establish their claims.…
2Cases cited1 opinion
- Propst v. MeadowsIllinois Supreme Court · 1851
3Cited by15 opinions
- United States v. EttelsonCourt of Appeals for the Seventh Circuit · 1947
- Cole v. LafontaineIndiana Supreme Court · 1882
- Ford v. First National Bank of StuartIllinois Supreme Court · 1903
- Jameson v. BarberWisconsin Supreme Court · 1883
- State ex rel. Kelly v. Probate Court ofSupreme Court of Minnesota · 1901
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