Legal Opinion

Estate of Godair v. Case

Appellate Court of Illinois

Decided December 31, 1920No. Gen. No. 25,717PublishedCited by 8 opinions

Appeal from 'the Municipal Court of Chicago; the Hon. Dennis W. Sullivan, Judge, presiding. Heard in the Branch Appellate Court at the October term, 1919.

1Opinion of the Court

Mr. Presiding Justice Barnes

delivered the opinion of the court.

This is an action of forcible entry and detainer in which the “Estate of W. H. Godair” is made the plaintiff, and in which it is contended that defendant withholds the possession of certain property from said “Estate of W. H. Godair.” After defendant was served with summons it entered a special appearance and moved to dismiss the case on the ground that plaintiff was not a natural or artificial person, and, as it lacked legal entity to sue or be sued, the whole action failed. Such motion was well founded. (30 Cyc. p. 27; Western &…

2Cases cited4 opinions

  1. Western & Atlantic Railroad v. Dalton Marble WorksSupreme Court of Georgia · 1905
  2. Steamboat Pembinaw v. WilsonSupreme Court of Iowa · 1861
  3. Fruitt v. AndersonAppellate Court of Illinois · 1883
  4. McClusky v. NelsonAppellate Court of Illinois · 1913

3Cited by8 opinions

  1. Bank of Northern Illinois v. NugentAppellate Court of Illinois · 1991
  2. In Re Marriage of StefiniwAppellate Court of Illinois · 1993
  3. Alton Evening Telegraph v. DoakAppellate Court of Illinois · 1973
  4. Precision Components, Inc. v. Estate of KuntzAppellate Court of Illinois · 1983
  5. Moskal v. New Era Commercial Ass'nAppellate Court of Illinois · 1923

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

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API