Snydacker v. Swan Land & Cattle Co.

Phillips, J.:

The facts in this case and the questions of law presented on this record are substantially the same as in the case of Mandel v. Swan Land and Cattle Co. ante, p. 177, with the additional question arising on a demurrer to appellant’s third plea, which is as follows:

“For a further plea in this behalf the defendant says actio non, because he says that he was appointed as administrator of the estate of Louis Snydacker, deceased, by the probate court of Cook county, Illinois, on the 26th day of February, 1885 ; that he qualified as such administrator and accepted of said trust, and…