Grimmer v. Friederich
Illinois Supreme Court
Writ oe Error to the Circuit Court of St. Clair county; the Hon. A. S. Wilderman, Judge, presiding. One John Grimmer died testate April 25, 1873, leaving at the time of his death a widow, five sons and four daughters.
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Writ oe Error to the Circuit Court of St. Clair county; the Hon. A. S. Wilderman, Judge, presiding. One John Grimmer died testate April 25, 1873, leaving at the time of his death a widow, five sons and four daughters. By. his last will and testament, made about three weeks before his death, and afterwards duly probated, he devised his property as follows: “First—I give and bequeath to my beloved wife, Magdalena Grimmer, the use and control of my personal property and the renting and profits of my real estate during her natural life, and she to pay all my just debts and taxes on my land after…
1Opinion of the CourtJustice Wilkin
The defendants in error take the position that this case is not so presented as to call for a review upon its merits, because the plaintiffs in error having answered the bill after demurring to the same, and not standing by the demurrer when it was overruled, they thereby waived the right to question its sufficiency here; and also because, there being no certificate of evidence in the record, it must be presumed that the court below decided correctly upon the facts before it. We do not consider these positions well taken. "The general rule is, that a party not standing by his demurrer, but…
2Cases cited6 opinions
- Scofield v. OlcottIllinois Supreme Court · 1887
- Carper v. CrowlIllinois Supreme Court · 1894
- Kellett v. ShepardIllinois Supreme Court · 1891
- Blatchford v. NewberryIllinois Supreme Court · 1880
- Gordon v. ReynoldsIllinois Supreme Court · 1885
1 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Armstrong v. BarberIllinois Supreme Court · 1909
- Harrison v. WeatherbyIllinois Supreme Court · 1899
- Mettler v. WarnerIllinois Supreme Court · 1910
- Patton v. LudingtonWisconsin Supreme Court · 1899
- Atchison v. FrancisSupreme Court of Iowa · 1917
14 more not listed; retrieve them via the Exa API.