Neubrecht v. Santmeyer
Illinois Supreme Court
Appeal from the Circuit Court of Hancock county; the Hon. Joseph Sibley, Judge, presiding. This was an action brought by heirs of Henry Auer, deceased, against Michael Heubrecht, the husband of the widow of Auer, by a subsequent marriage, to recover the sum of $200, loaned to Heubrecht by his wife, in her capacity of administratrix of the estate of Auer, deceased, upon his promise, verbally made to his wife as such administratrix, to return the money to the children of her…
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Appeal from the Circuit Court of Hancock county; the Hon. Joseph Sibley, Judge, presiding. This was an action brought by heirs of Henry Auer, deceased, against Michael Heubrecht, the husband of the widow of Auer, by a subsequent marriage, to recover the sum of $200, loaned to Heubrecht by his wife, in her capacity of administratrix of the estate of Auer, deceased, upon his promise, verbally made to his wife as such administratrix, to return the money to the children of her deceased husband, Henry, Caroline and Louisa, upon the youngest becoming twenty-one years of age. Subsequently, and…
1Opinion of the CourtChief Justice Breese
This is an appeal from the Circuit Court of Hancock county, brought there by appeal from a justice of the peace, where a judgment was recovered in favor of appellees against appellant, for $78.65 and costs. In the circuit court the judgment was for $80.66, and costs.
To reverse this judgment, the record is brought to this court by appeal.
Appellant makes several points, some of which will be noticed.
The first is, that the divorced wife of the defendant was not a competent witness to charge him with this debt.
The transaction, such as it was, occurred in 1850, after the marriage of the witness…
2Cases cited3 opinions
- Stein v. BowmanSupreme Court of the United States · 1839
- Fitch v. HillMassachusetts Supreme Judicial Court · 1814
- Waddams v. HumphreyIllinois Supreme Court · 1859
3Cited by6 opinions
- Wolf v. BeairdIllinois Supreme Court · 1888
- Weir v. PeopleIllinois Supreme Court · 1875
- Hickox v. FrankIllinois Supreme Court · 1882
- Christy v. ChristyAppellate Court of Illinois · 1906
- Clark v. O'Gara Coal Co.Appellate Court of Illinois · 1908
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