Legal Opinion

Garden City Sand Co. v. Miller

Illinois Supreme Court

Decided April 1, 1895PublishedCited by 24 opinions

Appeal from the Circuit Court of Cook county; the Hon. L. C. Collins, Judge, presiding. Appellees, as vendors, filed their bill for specific performance against appellant, as assignee of one Harpold, vendee of certain lands in Manitou county, State of Michigan. The evidence shows that Eva M. McKinnon and Romaine I. Wendell are minor heirs of Jacob A. T. Wendell, deceased, and that Anna M. Miller was his widow, he dying in Michigan, intestate.

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Appeal from the Circuit Court of Cook county; the Hon. L. C. Collins, Judge, presiding. Appellees, as vendors, filed their bill for specific performance against appellant, as assignee of one Harpold, vendee of certain lands in Manitou county, State of Michigan. The evidence shows that Eva M. McKinnon and Romaine I. Wendell are minor heirs of Jacob A. T. Wendell, deceased, and that Anna M. Miller was his widow, he dying in Michigan, intestate. The evidence also shows that in August, 1889, the said Anna M. Miller, (then Wendell,) as guardian of the said Eva M. McKinnon and Romaine I. Wendell,…

1Opinion of the Court

Per Curiam: The transcript of the chancery court of Michigan which authorized the guardian to. make the sale and approved the contract is attested by the certificate of the clerk, under the seal of the court. The attestation is not in accordance with the act of Congress, which requires the presiding judge to certify the attestation of the clerk is in due form. The admission of that transcript in evidence is assigned as error.

Prior to 1872 there was no statute in this State providing for the manner of attestation of the judgments of the courts of another State to make the same evidence in the…

2Cases cited23 opinions

  1. Pursley v. HayesSupreme Court of Iowa · 1867
  2. Cambrelleng v. . PurtonNew York Court of Appeals · 1891
  3. Russell v. SweezeyMichigan Supreme Court · 1871
  4. First African Methodist Episcopal Society v. BrownMassachusetts Supreme Judicial Court · 1888
  5. Hayes v. Harmony Grove CemeteryMassachusetts Supreme Judicial Court · 1871

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

3Cited by24 opinions

  1. Miller v. HodgesTexas Commission of Appeals · 1924
  2. Attebery v. BlairIllinois Supreme Court · 1910
  3. Flegel v. DowlingOregon Supreme Court · 1909
  4. Easterling v. SimmonsCourt of Appeals of Texas · 1927
  5. Holley's v. CurryWest Virginia Supreme Court · 1905

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

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