Peacock v. Haven
Illinois Supreme Court
Tms was an action of assumpsit brought by the plaintiffs below, administrator and administratrix of Ephraim 0. Stowell, deceased, for the recovery of the amount of two promissory notes alleged to have been given by the defendant below to the said Ephraim C. Stowell, in his lifetime, one of $166.66, bearing date January 21st, 1854, and the other of no date, of $83.33. The declaration consists of two special counts.
Read the full summary
Tms was an action of assumpsit brought by the plaintiffs below, administrator and administratrix of Ephraim 0. Stowell, deceased, for the recovery of the amount of two promissory notes alleged to have been given by the defendant below to the said Ephraim C. Stowell, in his lifetime, one of $166.66, bearing date January 21st, 1854, and the other of no date, of $83.33. The declaration consists of two special counts. The first count is upon the note first above mentioned, and the second is upon the second note. To this declaration the defendant pleaded two pleas. 1st. The general issue. 2nd. A…
1Opinion of the CourtBreese, J.
The demurrer of the appellant to second replication of the plaintiff below to the defendants’ plea of set-off, presented this question for the decision of the court below: Does the 115th section of chapter 110 R. S., title “ Wills,” (Scales’ Comp. 1206) absolutely bar a claimant from all rights of recovery or set off, for the reason that he did not present his claim to the court for allowance, within two years from and after the grant of letters of administration ?
By sustaining the demurrer, the court decided it was an absolute bar and in this, erred.
As we understand that section and as it…
2Cited by10 opinions
- Pufahl v. Estate of ParksSupreme Court of the United States · 1936
- Waughop v. BartlettIllinois Supreme Court · 1896
- Russell v. HubbardIllinois Supreme Court · 1871
- Morse v. Pacific Railway Co.Illinois Supreme Court · 1901
- McClure v. Board of County CommissionersSupreme Court of Colorado · 1896
5 more not listed; retrieve them via the Exa API.