Legal Opinion

Judy v. Kelley

Illinois Supreme Court

Decided December 15, 1849PublishedCited by 28 opinions

This is an action of debt, brought against plaintiffs in error, apon a judgment rendered against them as administrator and administratrix of said William Allington, deceased, in the Court of Common Pleas of Warren county, Ohio. The judgment was against them, de bonis testatoris.

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This is an action of debt, brought against plaintiffs in error, apon a judgment rendered against them as administrator and administratrix of said William Allington, deceased, in the Court of Common Pleas of Warren county, Ohio. The judgment was against them, de bonis testatoris. To which the defendants below pleaded several pleas. 1. That they had. not, on the day of exhibiting the bill of the plaintiff, nor have they at any time since, had any goods and chattels which were of the said William Allingtan, deceased, at the time of his death, in their hands as administrator, &c. 2. That…

1Opinion of the Court

Opinion by Treat, C. J.:*

This is an action of debt, on a judgment recovered in the state of Ohio, by Kelley, against the administrators of William Allington. It appears from the record of the proceedings in Ohio, that the suit was there brought against Allington, in his life-time, and service of process had on him. At a succeeding term, the plaintiff suggested the death of Allington, and obtained leave to revive the suit, against his personal representatives. At a subsequent term, the present plaintiffs in error entered their appearance, and pleaded to the action as administrators of…

2Cited by28 opinions

  1. Elting v. First National Bank of BiggsvilleIllinois Supreme Court · 1898
  2. Knoop v. AndersonDistrict Court, N.D. Iowa · 1947
  3. Russell v. HubbardIllinois Supreme Court · 1871
  4. Reynolds v. McMullenMichigan Supreme Court · 1885
  5. Darling v. McDonaldIllinois Supreme Court · 1882

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