Russell v. People

Mr. Presiding Justice Gary

delivered the opinion of the Court.

The appellant is the assignee for the benefit of creditors of Hugh Hughes, administering the assets under the direction of the County Court.

May 5, 1893, the County Court entered an order under the last section of the act relating to assignments for the benefit of creditors, “that all proceedings in said estate be discontinued ” and that the surplus, “ the sum of $1,374.60,' be paid and delivered to the said Hugh Hughes.” It does not appear that the appellant has acted upon that order.

April 6, 1895, on the application of creditors,…