Chicago & Eastern Illinois Railroad v. Wolfrum

The pivotal question in this cause is: Was the appointment of Casazza administrator by the Probate Court of Cook county void or only voidable?

The ground on which the excluded evidence was rejected and the jury prevented from taking it into account, was that the appointment was void; that Casazza while holding.it was as truly a stranger to the estate and claim now sued on as any man in the street who might have assumed to act.

If the appointment were only voidable, it is plain that the rulings on the admission of the offered evidence were erroneous. A question is indeed raised in argument…