Haines v. People
Illinois Supreme Court
Writ op Error to the Probate Court of Cook county; the Hon. Joshua C. Knickerbocker, Judge, presiding. . This was a proceeding by the People of the State of Illinois, in the probate court of Cook county, against plaintiff in error, for an alleged contempt.
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Writ op Error to the Probate Court of Cook county; the Hon. Joshua C. Knickerbocker, Judge, presiding. . This was a proceeding by the People of the State of Illinois, in the probate court of Cook county, against plaintiff in error, for an alleged contempt. It appears that on the 8th day of December, 1879, plaintiff in error, being in arrears as administrator with the heirs at law of J. H. Schulenberg, in the sum of $651.21, entered into the following stipulation : “ State op Illinois, \ County of Cook. j Probate Court of Cook County. “In the matter of the estate of John H. Schulenberg,…
1Opinion of the CourtJustice Mulkey
delivered the.opinion of the Court:
We are confronted, at the threshold of this case, Avith the objection that a writ of error does not lie in a case of this character. If the objection be well taken, it is certainly fatal to this proceeding, and the only order that can be properly entered by this court is one dismissing the Avrit.
By the common law of England a writ of error is gran table ex debito justitice in all cases, either civil or criminal, except in treason and felony, and the doctrine is well recognized that whenever a new jurisdiction is erected by act of parliament, and the court or…
2Cases cited13 opinions
- Storey v. PeopleIllinois Supreme Court · 1875
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- Moore v. MayfieldIllinois Supreme Court · 1868
- Peak v. PeopleIllinois Supreme Court · 1875
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3Cited by29 opinions
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