Martin v. Martin
Illinois Supreme Court
. Writ oe Error to the Appellate Court for the Second District;—heard in that court on writ of error to the Circuit Court of Kendall county; the Hon. George W. Brown, Judge, presiding. Edward Martin died testate on the third day of December, 1893, upon the farm where he had resided for many years, at Red Hook, Duchess county, New York.
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. Writ oe Error to the Appellate Court for the Second District;—heard in that court on writ of error to the Circuit Court of Kendall county; the Hon. George W. Brown, Judge, presiding. Edward Martin died testate on the third day of December, 1893, upon the farm where he had resided for many years, at Red Hook, Duchess county, New York. He was an unmarried man, and his sister, Serena Martin, prior to her death, which occurred in 1877, had been his house-keeper' for many years. The plaintiff in error, who was his niece, had been a member of the family from the time she was nine years of age,…
1Opinion of the CourtJustice Hand
The contention made upon this writ of error is the same as the contention made by plaintiff in error when this case was here before, that is, that the finding of facts of the Appellate Court are not sufficient, in law, to enable this court to" pass upon the questions involved upon this record as raised by the assignment of errors. Section 87 of the Practice act (Hurd’s Stat. 1903, p. 1412,) provides, if the Appellate Court shall finally determine a cause different from the trial court as the result of its finding of facts concerning the matters in controversy, in whole or in part, different…
2Cases cited8 opinions
- Williams v. ForbesIllinois Supreme Court · 1885
- Brown v. City of AuroraIllinois Supreme Court · 1883
- Harzfeld v. ConverseIllinois Supreme Court · 1883
- Caywood v. FarrellIllinois Supreme Court · 1898
- Martin v. MartinIllinois Supreme Court · 1903
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3Cited by2 opinions
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- Estate of Austin v. AustinAppellate Court of Illinois · 1927