Legal Opinion

Illinois Central Railroad v. Cragin

Illinois Supreme Court

Decided September 15, 1873PublishedCited by 19 opinions

Appeal from the Circuit Court of- JoDaviess county; the Hon. William Brown, Judge, presiding. This was an action on the case, by Alonzo Cragin, administrator of the estate of Martin Standwich, deceased, to recover damages for the alleged killing of the deceased by the defendant, the Illinois Central Eailroad Company, at Dunleith, 111., on September 26, 1869. Martin Standwich, at the time of his death, was a resident of Dunleith, JoDaviess county, Illinois, and had no…

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Appeal from the Circuit Court of- JoDaviess county; the Hon. William Brown, Judge, presiding. This was an action on the case, by Alonzo Cragin, administrator of the estate of Martin Standwich, deceased, to recover damages for the alleged killing of the deceased by the defendant, the Illinois Central Eailroad Company, at Dunleith, 111., on September 26, 1869. Martin Standwich, at the time of his death, was a resident of Dunleith, JoDaviess county, Illinois, and had no property in Dubuque county. Iowa, to be administered upon. The pleadings put in issue the representative capacity of the…

1Opinion of the CourtJustice Walker

It is first objected to the validity of this judgment, that the circuit court of Dubuque county, Iowa, did not have jurisdiction to grant letters of administration on the estate of Standwich. A plea was filed, denying that plaintiff had legal and valid letters.

The Iowa statute, read in evidence, is as follows:

“The county court has the power to take the probate of wills, to grant administration of the estates of all deceased persons who, at the time of their death, were residents of the county, or who died non-residents of the State, leaving property to be administered upon within the county,…

2Cited by19 opinions

  1. Smith v. Norfolk & Southern RailroadSupreme Court of North Carolina · 1894
  2. City of Aurora v. HillmanIllinois Supreme Court · 1878
  3. King v. HenkieSupreme Court of Alabama · 1886
  4. Richards v. Riverside Iron WorksWest Virginia Supreme Court · 1904
  5. Smith v. . R. R.Supreme Court of North Carolina · 1894

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