Union Trust Co. v. Shoemaker
Appellate Court of Illinois
Appeal from the Circuit Court of Cook county; the Hon. Charles M. Walker, Judge, presiding. Heard in the Branch Appellate Court at the October term, 1910. Statement by tlie Court.
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Appeal from the Circuit Court of Cook county; the Hon. Charles M. Walker, Judge, presiding. Heard in the Branch Appellate Court at the October term, 1910. Statement by tlie Court. On December 28, 1906, Union Trust Company, a corporation, filed its bill of complaint in tbe Circuit Court of Coolc county against Elizabeth Shoemaker and Charles W. Shoemaker, individually, and as executors of the last will of Walter Shoemaker, deceased, and Charles D. Bull and Edgar R. Van Burén, praying for a decree for the amount remaining unpaid upon a judgment for $39,381.48, entered December 29, 1905, in the…
1Opinion of the Court
Mr. Presiding Justice Gridley
delivered the opinion of the court.
In urging this court to reverse the decree of the chancellor, counsel for appellants contends: First. That the judgment in the replevin suit against the surviving partners of the Antigo Lumber Company does not constitute proof of the existence of a debt so as to charge the heirs or devisees of the deceased partner, Walter Shoemaker, as to his individual estate, and, therefore, the transcript of said judgment should not have been admitted in evidence.
Counsel says that although the master found that the judgment, as such, in the…
2Cases cited39 opinions
- Borer v. ChapmanSupreme Court of the United States · 1887
- Waughop v. BartlettIllinois Supreme Court · 1896
- Moore v. BrandenburgIllinois Supreme Court · 1910
- Elting v. First National Bank of BiggsvilleIllinois Supreme Court · 1898
- Blanchard v. WilliamsonIllinois Supreme Court · 1873
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3Cited by1 opinion
- Hellberg v. WarnerAppellate Court of Illinois · 1943