Housh v. People ex rel. Camp
Illinois Supreme Court
Appeal from the Circuit Court of Knox county; the Hon. Arthur A. Smith, Judge, presiding. This was an action of debt, by Levi Camp, administrator, with the will annexed, of the estate of Peter Frans, deceased, upon the bond of Fauntleroy F. Frans, executor of the last will of the deceased.
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Appeal from the Circuit Court of Knox county; the Hon. Arthur A. Smith, Judge, presiding. This was an action of debt, by Levi Camp, administrator, with the will annexed, of the estate of Peter Frans, deceased, upon the bond of Fauntleroy F. Frans, executor of the last will of the deceased. The declaration sets forth the final order and judgment of the county court of the proper county finding that there was due from the executor the sum of |1836.30 to the estate, revoking the letters testamentary, appointing an administrator de bonis non, with the will annexed, and requiring the executor to…
1Opinion of the CourtJustice Scott
This was an action on an executor’s bond. From the judgment rendered in the circuit court, appellant, who is the surety on the bond, prosecutes this appeal.
The principal point raised is, whether the county court had jurisdiction of the person of the executor to make the order of June, 1870, which is made the basis of the right to recover in this action. That court certainly had jurisdiction of the subject matter; and if it had jurisdiction of the person, its judgments and orders can not be impeached collaterally, except for fraud. An action upon an administrator’s" bond to recover the amount…
2Cases cited2 opinions
- Propst v. MeadowsIllinois Supreme Court · 1851
- Ralston v. WoodIllinois Supreme Court · 1853
3Cited by10 opinions
- Bellinger v. ThompsonOregon Supreme Court · 1894
- Meyer v. BarthWisconsin Supreme Court · 1897
- Frank v. People ex rel. HoeckerIllinois Supreme Court · 1893
- McDonald v. PeopleIllinois Supreme Court · 1906
- Brooks v. PeopleAppellate Court of Illinois · 1885
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