Armstrong v. Cooper
Illinois Supreme Court
This was a plea of release of errors, filed by C. Ballance, as attorney for the defendant in error. The plea alleges, that the said plaintiffs ought not to have their suit in error, because George T. Metcalfe, intermarried with one of the heirs at law of Lewis Bigelow, and was one of the administrators of the estate of Bigelow, and was, moreover, the attorney and counsellor of said heirs, authorized to settle the affairs of said estate, at his discretion, and that Elihu N.…
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This was a plea of release of errors, filed by C. Ballance, as attorney for the defendant in error. The plea alleges, that the said plaintiffs ought not to have their suit in error, because George T. Metcalfe, intermarried with one of the heirs at law of Lewis Bigelow, and was one of the administrators of the estate of Bigelow, and was, moreover, the attorney and counsellor of said heirs, authorized to settle the affairs of said estate, at his discretion, and that Elihu N. Powell was his surety on the administration bond, and that after the bill was filed, upon which this writ of error is…
1Opinion of the Court
Opinion by Mr. Justice Catón :
In the Circuit Court, the bill was taken for confessed, a reference made to a master, upon the coming in and confirmation of whose report, the decree was entered; the record showing no appearance of any of the defendants in the Court below. A part of those defendants now bring the record here by writ of error, and have assigned errors upon it. The defendant in error has filed a special plea, stating, in substance, that the decree of the Circuit Court was, in fact, entered by the consent and agreement of Metcalfe, one of the defendants in the Court below, and who…
2Cited by27 opinions
- First National Bank v. Illinois Steel Co.Illinois Supreme Court · 1898
- Schmidt v. Oregon Gold Mining Co.Oregon Supreme Court · 1895
- Krieger v. KriegerIllinois Supreme Court · 1906
- Hohenadel v. SteeleIllinois Supreme Court · 1908
- Massell v. DaleyIllinois Supreme Court · 1949
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