Legal Opinion

Hay v. Bennett

Illinois Supreme Court

Decided October 30, 1894PublishedCited by 10 opinions

Appeal from the Appellate Court for the Third District ;—heard in that court on appeal from the Circuit Court of Sangamon county; the Hon. James A. Creighton, Judge, presiding.

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Appeal from the Appellate Court for the Third District ;—heard in that court on appeal from the Circuit Court of Sangamon county; the Hon. James A. Creighton, Judge, presiding. This was a bill in equity, filed on the fourth day of August, 1887, by Mary E. Bennett.and Annie E. Bennett, two of the appellees, by Mary E. Bennett, their mother and next friend, wherein John S. Bradford, administrator of the estate of Samuel H. Treat, deceased, George W. Murray, administrator of the estate of Sarah M. Bennett, deceased, and Charles W. Bennett, were made parties defendant. Subsequently Chesley Mi…

1Opinion of the CourtJustice Baker

Appellant urges that his position was misunderstood by the Appellate Court, and he re-states his claim. His contention, in substance, is this: that the decree ordering the administrator of Judge Treat’s estate to pay $3500 to Charles W. Bennett was rendered in a suit to which all persons in interest were parties; that said amount was decreed to be the residue of the estate theretofore jointly owned by Sarah M. and Charles W. Bennett ; that the administrator paid said sum to Charles W. Bennett before the decree was reversed and before the writ of error was' issued, and that therefore such…

2Cases cited3 opinions

  1. Wadhams v. Flagler GayIllinois Supreme Court · 1874
  2. Goudy v. HallIllinois Supreme Court · 1865
  3. Bennett v. BradfordIllinois Supreme Court · 1890

3Cited by10 opinions

  1. Illinois Trust & Savings Bank v. VanVlackIllinois Supreme Court · 1923
  2. McCune v. ReynoldsIllinois Supreme Court · 1919
  3. Porter v. SmallOregon Supreme Court · 1912
  4. Newitt v. DaweNevada Supreme Court · 1943
  5. Miller v. DoranIllinois Supreme Court · 1910

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