People ex rel. Dobson v. Kohlsaat
Illinois Supreme Court
Appeal from the Appellate Court for the First District;—heard in that court on appeal from the Circuit Court of Cook county; the Hon. E. F. Dunne, Judge, presiding. The relators filed a petition for mandamus against appellee, to compel him, as judge of the probate court of Cook county, to allow an appeal from an order entered by him, as such judge, in a certain matter in the estate of William Hughes, deceased, and fix the amount of the appeal bond.
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Appeal from the Appellate Court for the First District;—heard in that court on appeal from the Circuit Court of Cook county; the Hon. E. F. Dunne, Judge, presiding. The relators filed a petition for mandamus against appellee, to compel him, as judge of the probate court of Cook county, to allow an appeal from an order entered by him, as such judge, in a certain matter in the estate of William Hughes, deceased, and fix the amount of the appeal bond. The respondent filed an answer, in which he states that prior to August 5, 1891, the estate of William Hughes was declared insolvent by the…
1Opinion of the CourtChief Justice Phillips
The exceptions to the report of the executrix filed prior to the fifth day of August, 1891, by relators and others, and heard on that day, were overruled, and the report of the executrix approved. That was an adjudication of all matters included in the exceptions, and is, in a collateral proceeding, final and conclusive as to those who filed them. They had their day in court, and have no right to again litigate the same matters in another proceeding. Their remedy was by appeal, to reverse. (Dickson v. Hitt, 98 Ill. 300.) They sought to prosecute an appeal, which was dismissed for…
2Cases cited2 opinions
- People ex rel. Harless v. HatchIllinois Supreme Court · 1863
- Dickson v. HittIllinois Supreme Court · 1881
3Cited by2 opinions
- People ex rel. Wells v. LanhamIllinois Supreme Court · 1901
- Pollard v. SpeerCourt of Appeals of Texas · 1918