Unknown Heirs of Langworthy v. Baker
Illinois Supreme Court
This was a proceeding commenced in the probate court of McDonough county, and it appears from the record that on the 4th day of April, A. D. 1855, David P. Wells filed in the office of the clerk of the County Court of that county, proof of the death of Asahel Langworthy, and requested that letters of administration issue on his estate to the public administrator.
Read the full summary
This was a proceeding commenced in the probate court of McDonough county, and it appears from the record that on the 4th day of April, A. D. 1855, David P. Wells filed in the office of the clerk of the County Court of that county, proof of the death of Asahel Langworthy, and requested that letters of administration issue on his estate to the public administrator. That said Langworthy died on the 24th day of September, A. D. 1884. That on the said 4th day of April, 1855, letters of administration upon the estate of said Langworthy were duly granted to Jonathan H. Baker, public administrator of…
1Opinion of the CourtBreese, J.
A preliminary question is raised here as to the power of this court to entertain this writ of error, it having been sued out to the County Court. It is contended that no appeal or writ of error lies in such case, either by the common law or by statute. By the common law, an appeal did not lie from one court to any other in any case. That is a statutory right. A writ of error is a writ of right by the common law, and lies in all cases, civil and criminal, except capital cases, but can, of course, be regulated by statute. It is admitted that a writ of error can be prosecuted to the Circuit…
2Cases cited2 opinions
- Griffith v. FrazierSupreme Court of the United States · 1814
- Sumner v. ChildSupreme Court of Connecticut · 1818
3Cited by31 opinions
- Johnson v. BeazleySupreme Court of Missouri · 1877
- Anderson v. StegerIllinois Supreme Court · 1898
- Jeffersonville Railroad v. Swayne's AdministratorIndiana Supreme Court · 1866
- Wight v. WallbaumIllinois Supreme Court · 1864
- Haines v. PeopleIllinois Supreme Court · 1880
26 more not listed; retrieve them via the Exa API.