Legal Opinion

Henning v. Eldridge

Illinois Supreme Court

Decided March 31, 1893PublishedCited by 13 opinions

Appeal from the Appellate Court for the Second District;—heard in that court on appeal from the City Court of the City of Aurora; the Hon. A. H. Barry, Judge, presiding. This was a citation, originally, in the county court of Kendall county, against Gilbert D. Henning, guardian of Gilbert • Eldridge, to require an accounting and settlement as such guardian. The county court having entered its order, the case was taken, by appeal, to the circuit court.

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Appeal from the Appellate Court for the Second District;—heard in that court on appeal from the City Court of the City of Aurora; the Hon. A. H. Barry, Judge, presiding. This was a citation, originally, in the county court of Kendall county, against Gilbert D. Henning, guardian of Gilbert • Eldridge, to require an accounting and settlement as such guardian. The county court having entered its order, the case was taken, by appeal, to the circuit court. That court found the amount due to the ward, in the hands of the guardian, at $1396.80, and entered its order accordingly. The guardian…

1Opinion of the CourtJustice Shops

Appellant insists that it was error in the City court to render a decree, under the remanding order of the Appellate Court, without rehearing the cause de novo. On the other hand, it is contended that the judgment of the Appellate Court was res judicata upon all the questions involved in the litigation, and that, by its order, nothing was left to be done by the City court except to carry into effect its instructions.

When the judgment of an inferior court is reversed, and the cause remanded for other and further proceedings as to law and justice shall appertain,—that is, remanded generally,—…

2Cases cited9 opinions

  1. Washburn & Moen Manufacturing Co. v. Chicago Galvanized Wire Fence Co.Illinois Supreme Court · 1886
  2. Smyth v. NeffIllinois Supreme Court · 1888
  3. Hook v. RichesonIllinois Supreme Court · 1886
  4. Moshier v. NortonIllinois Supreme Court · 1881
  5. Buck v. County of HamiltonIllinois Supreme Court · 1881

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3Cited by13 opinions

  1. Gohman v. City of St. BernardOhio Supreme Court · 1924
  2. Aldred v. SylvesterIndiana Supreme Court · 1916
  3. Commissioners of Lincoln Park v. SchmidtIllinois Supreme Court · 1942
  4. Tribune Co. v. Emery Motor Livery Co.Illinois Supreme Court · 1929
  5. People ex rel. Maeras v. Chicago, Burlington & Quincy RailroadIllinois Supreme Court · 1967

8 more not listed; retrieve them via the Exa API.

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