Bull v. Harris
Illinois Supreme Court
Weit or Error to the Circuit Court of the county of La Salle; the Hon. MadisoN E. Hollister, Judge, presiding. John Harris presented his claim in the County Court of La Salle county, against the plaintiff in error, as administrator of the estate of Isaac H. Lamb, deceased.
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Weit or Error to the Circuit Court of the county of La Salle; the Hon. MadisoN E. Hollister, Judge, presiding. John Harris presented his claim in the County Court of La Salle county, against the plaintiff in error, as administrator of the estate of Isaac H. Lamb, deceased. The claim was allowed to the amount of $25. Harris, not being satisfied with the amount of the allowance in the County Court, took an appeal to the Circuit Court, where such proceedings were had, that Harris recovered a judgment against the administrator for the sum of $283, for which the court awa/rded execution. The claim…
1Opinion of the CourtJustice Walker
The court below erred, in awarding an execution against the administrator. The order should have been, that the judgment be paid in the due course of administration. This is the settled law in this State, as announced in numerous cases in this court. For this error the judgment will be reversed.
It is likewise urged, that the finding of the jury was against both the evidence and the instructions of the court. The account on which this recovery was had, runs through a series of six or eight years previous to the death of intestate. And the evidence shows that the settlement of the accounts of…
2Cited by8 opinions
- Pufahl v. Estate of ParksSupreme Court of the United States · 1936
- Linville v. State ex rel. Board of CommissionersIndiana Supreme Court · 1892
- Manning v. IrishSupreme Court of Iowa · 1878
- State Life Insurance v. PostalIndiana Court of Appeals · 1908
- Straubher v. MohlerIllinois Supreme Court · 1875
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