Clark v. Shawen
Illinois Supreme Court
Writ of Error to the Circuit Court of Morgan county; the Hon. James A. Creighton, Judge, presiding. This is a bill in chancery, filed on April 6,1900, by the plaintiff in error, an infant, who sues by her next friend, Hettie Hall, for the purpose of reviewing, vacating and setting aside a decree entered at the November term, 1898, of the circuit court of Morgan county, in a certain proceeding instituted in said court for the purpose of construing the will of one William C.…
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Writ of Error to the Circuit Court of Morgan county; the Hon. James A. Creighton, Judge, presiding. This is a bill in chancery, filed on April 6,1900, by the plaintiff in error, an infant, who sues by her next friend, Hettie Hall, for the purpose of reviewing, vacating and setting aside a decree entered at the November term, 1898, of the circuit court of Morgan county, in a certain proceeding instituted in said court for the purpose of construing the will of one William C. Clark, deceased, the defendants to said bill being the defendants in error herein who are the heirs and descendants of…
1Opinion of the CourtJustice Magruder
First—This is an original bill, filed by the plaintiff in error, as an infant, to impeach a decree for error apparent on its face. The infant plaintiff in error, who files the bill, was a party defendant in the proceeding, in which the decree, alleged to be erroneous, was entered. That such a bill may be filed by an infant defendant is settled by the decisions of this court. (Loyd v. Malone, 23 Ill. 41; Kuchenbeiser v. Beckert, 41 id. 172; Gooch v. Green, 102 id. 507; Lloyd v. Kirkwood, 112 id. 329).
Second—The plaintiff in error is the grand-daughter of Stephen S. Clark, who was a brother of…
2Cases cited10 opinions
- Scofield v. OlcottIllinois Supreme Court · 1887
- Ducker v. BurnhamIllinois Supreme Court · 1893
- Carper v. CrowlIllinois Supreme Court · 1894
- Kellett v. ShepardIllinois Supreme Court · 1891
- Knight v. PottgieserIllinois Supreme Court · 1898
5 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Shufeldt v. ShufeldtWashington Supreme Court · 1924
- Mitchell v. VestSupreme Court of Iowa · 1912
- First National Bank v. Cleveland Trust Co.Appellate Court of Illinois · 1941
- Meyer v. SurkinAppellate Court of Illinois · 1931
- Storrs v. BurgessSupreme Judicial Court of Maine · 1905
6 more not listed; retrieve them via the Exa API.