Schaeffer v. Burnett
Illinois Supreme Court
Writ of Error to the Appellate Court for the Third District ;—heard in that court on appeal from the Circuit Court of Fulton county; the Hon. G. W. Thompson, Judge, presiding. This is a petition for a statutory writ of certiorari from the circuit court to the county court sitting in probate, directing said court to send up the record and proceedings upon the hearing of a claim of the petitioner, plaintiff in error herein, against the estate of Matthew Beer, deceased.
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Writ of Error to the Appellate Court for the Third District ;—heard in that court on appeal from the Circuit Court of Fulton county; the Hon. G. W. Thompson, Judge, presiding. This is a petition for a statutory writ of certiorari from the circuit court to the county court sitting in probate, directing said court to send up the record and proceedings upon the hearing of a claim of the petitioner, plaintiff in error herein, against the estate of Matthew Beer, deceased. The claim upon hearing was disallowed, and judgment rendered against plaintiff in error, who prayed an appeal, which was…
1Opinion of the CourtJustice Magruder
In deciding this case the Appellate Court, speaking through Mr. Justice Puterbaugh, expressed the following views:
“The leading question presented by this appeal is whether or not the statutory writ of certiorari sought to be invoked by appellant, is authorized by section 68 of the statute entitled ‘Administration,’ which reads as follows: ‘In all cases of the allowance or rejection of claims by the county court as provided in this act, either party may take an appeal from the decision rendered, to the circuit court of the same county, in the same time and manner appeals are now taken from…
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