Legal Opinion

McIntyre v. People

Illinois Supreme Court

Decided March 28, 1882PublishedCited by 18 opinions

Writ of Error to the Appellate Court for the Third District;—heard in that court on writ of error to the Circuit Court of Tazewell county; the Hon. Ninian M. Laws, Judge, presiding. This is an action upon a guardian’s bond. Judgment in the circuit court was against the defendant. This was affirmed in the Appellate Court, and defendant in the circuit court brings the ease here on error.

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Writ of Error to the Appellate Court for the Third District;—heard in that court on writ of error to the Circuit Court of Tazewell county; the Hon. Ninian M. Laws, Judge, presiding. This is an action upon a guardian’s bond. Judgment in the circuit court was against the defendant. This was affirmed in the Appellate Court, and defendant in the circuit court brings the ease here on error. At November term of the county court of Tazewell county, in 1869, H. K. Alexander was appointed guardian of Alice Wilkey, then a minor, and gave bond as such, with one Eupert and John D. McIntyre as sureties,…

1Opinion of the CourtJustice Dickey

Counsel for plaintiff in error contend that it was error to permit the bond to go in evidence after it was shown that it had been altered after it was executed by McIntyre, by the insertion of the words, “and Wm. 8. Maus,” in the body of the instrument, and by adding the words, “Wm. 8. Maus, seal,” at the bottom, below the original signatures. This position is not tenable. If the judge of the county court and Maus could not lawfully do what they did, and their action was unlawful, it is clear they could not, by any unauthorized act of theirs, deprive the minor of the security which she had in…

2Cited by18 opinions

  1. Hayes v. Massachusetts Mutual Life InsuranceIllinois Supreme Court · 1888
  2. Chapman v. American Surety Co.Illinois Supreme Court · 1914
  3. In Re Estate of SwiecickiIllinois Supreme Court · 1985
  4. Indiana Trust Co. v. GriffithIndiana Supreme Court · 1911
  5. Kelly v. KellyMontana Supreme Court · 1931

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