Pratt v. Baker

This is an appeal from an order of the Circuit Court of DuPage County dismissing plaintiff’s complaint in a proceeding against the $10,000 bond of the Executor of the Estate of Walter Baker, deceased. The principal question for our decision is whether or not the amended complaint states a cause of action. A better understanding of the question involved in this appeal will come about if we review the context of prior litigation between the parties hereto, for the basic factual situation upon which this appeal arises, is set forth therein.

In Pratt v. Baker, 48 Ill App2d 443, 199 NE2d 307, (2nd…