Legal Opinion

Hopkins v. McCann

Illinois Supreme Court

Decided December 15, 1857PublishedCited by 15 opinions

APPEAL EROH ADAMS. This was a petition filed at the November term, 1857, of the Adams Circuit Court, by appellee, as administrator, against appellants, praying an order of said court to sell the real estate, of which said William Hopkins died seized, to pay his debts.

Read the full summary

APPEAL EROH ADAMS. This was a petition filed at the November term, 1857, of the Adams Circuit Court, by appellee, as administrator, against appellants, praying an order of said court to sell the real estate, of which said William Hopkins died seized, to pay his debts. Petition states that said William Hopkins departed this life intestate, on the 13th August, 1840, in the State of Missouri, seized in fee simple of the title to the S. W. qr. of Sec. 35, T. 1 S., R. 7 W., in said Adams county, leaving surviving him these appellants, his children, and only heirs at law, who then and still do…

1Opinion of the CourtBreese, J.

This case is identical in principle with that of Stone et al. v. Wood, Adm. etc. 16 Ill. R. 177. And the argument of the appellee was mainly directed against the ruling of the court in that case. No argument was presented on the behalf of appellants, they relying with apparent confidence upon that decision.

After repeated decisions on the same point by this court, the maxim stare decisis" should prevail, it being for the best interests of society that there should be some permanency in judicial decisions, so that the law may be known, and when known, pursued and obeyed. It should be a shield…

2Cited by15 opinions

  1. Geohegan v. Union Elevated RailroadIllinois Supreme Court · 1915
  2. Valley National Bank v. CrosbySupreme Court of Iowa · 1899
  3. Gold v. BaileyIllinois Supreme Court · 1867
  4. Bessey v. RuhlandAppellate Court of Illinois · 1889
  5. Bocock v. LeetAppellate Court of Illinois · 1917

10 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