Wells v. Miller
Illinois Supreme Court
Writ of Error to the Superior Court of Chicago. This was an action of assumpsit brought by Isaac Wells, survivor of Isaac Wells, and John Sears, plaintiff in error, against Mercie H. Miller, administratrix of Joseph C. Miller, deceased, defendant in error, to recover a balance due them upon the purchase price for lumber sold to the deceased.
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Writ of Error to the Superior Court of Chicago. This was an action of assumpsit brought by Isaac Wells, survivor of Isaac Wells, and John Sears, plaintiff in error, against Mercie H. Miller, administratrix of Joseph C. Miller, deceased, defendant in error, to recover a balance due them upon the purchase price for lumber sold to the deceased. The defendant pleaded the general issue, and also gave notice that she should resist the allowance of the claim, on the ground that it was not exhibited against the estate of said Miller, deceased, within two years after letters of administration had been…
1Opinion of the CourtJustice Lawrence
This was an action of assumpsit brought by Wells & Sears against Mercie H. Miller, administratrix of Joseph C. Miller, deceased, to recover a balance due them for lumber sold. The defendant resisted the allowance of the claim, on the ground that it had not been exhibited within two years after letters of administration had been granted.
The 116th section of the statute of Avills provides, that the manner of exhibiting claims may be by serving a notice of such claim on the executor or administrator, or by presenting them the account, or filing it in the court of probate. It appears by the proof…
2Cited by4 opinions
- Pufahl v. Estate of ParksSupreme Court of the United States · 1936
- Harris v. DouglasIllinois Supreme Court · 1872
- Darling v. McDonaldIllinois Supreme Court · 1882
- Wilding v. RheinAppellate Court of Illinois · 1883