Kerr v. Brawley
Illinois Supreme Court
Appeal from the Circuit Court of Pike county; the Hon. H. Van Sellar, Judge, presiding. 1 In the year 1885 John Kerr, Jr., was appointed by the county court of Pike county guardian of his son, William H. Kerr, who had received a legacy from his grandfather. In 1895, William; having arrived at the age of fourteen, petitioned the county court to appoint James P. Brawley as his guardian. On the third day of June, 1895, Brawley was appointed, and qualified as such guardian.
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Appeal from the Circuit Court of Pike county; the Hon. H. Van Sellar, Judge, presiding. 1 In the year 1885 John Kerr, Jr., was appointed by the county court of Pike county guardian of his son, William H. Kerr, who had received a legacy from his grandfather. In 1895, William; having arrived at the age of fourteen, petitioned the county court to appoint James P. Brawley as his guardian. On the third day of June, 1895, Brawley was appointed, and qualified as such guardian. On the 15th of September, following, Kerr having failed to account to Brawley for the money in his hands belonging to his…
1Opinion of the CourtJustice Hand
This is a petition for a writ of assistance. This writ is a summary proceeding. (City of San Jose v. Fulton, 45 Cal. 316.) Its object is to put a person who has purchased at judicial sale under a decree in chancery, into possession of the premises. (Jones v. Hooper, 50 Miss. 510.) It will only issue against a party to the suit or one who has come into possession pendente lite. (Gilcreest v. Magill, 37 Ill. 300.) The interests of other persons will not be adjudicated in this summary manner. (Paine v. Root, 121 Ill. 77.) It will never be issued where there is any reasonable prospect that the…
2Cases cited5 opinions
- Mayor of San Jose v. FultonCalifornia Supreme Court · 1873
- Flowers v. BrownIllinois Supreme Court · 1859
- Jones v. HooperMississippi Supreme Court · 1874
- Gilcreest v. MagillIllinois Supreme Court · 1865
- Paine v. RootIllinois Supreme Court · 1887
3Cited by9 opinions
- Stubbs v. AustinAppellate Court of Illinois · 1936
- Dillenburg v. HellgrenIllinois Supreme Court · 1939
- Lundstrum v. BransonSupreme Court of Kansas · 1914
- Cigler v. KeinathAppellate Court of Illinois · 1912
- McDonell v. HartnettIllinois Supreme Court · 1926
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