Elting v. First National Bank of Biggsville
Illinois Supreme Court
Writ of Error to the Appellate Court for the Second District;—heard in that court on writ of error to the Circuit Court of Henderson county; the Hon. John J. Glenn, Judge, presiding.
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Writ of Error to the Appellate Court for the Second District;—heard in that court on writ of error to the Circuit Court of Henderson county; the Hon. John J. Glenn, Judge, presiding. The original bill in this case was filed in the circuit court of Henderson county on December 28, 1892. The complainants in the bill were the First National Bank of Biggsville, Charles W. Johnson and others, creditors, who had proven up their claims against the estate of Cornelius D. Elting, deceased. The defendants to the bill were Blandina M. Elting, as executrix of the last will and testament of Cornelius D.…
1Opinion of the CourtJustice Magruder
First—It is claimed by the plaintiffs in error, that the court below had no jurisdiction to entertain the present bill. The objection to the jurisdiction rests upon the alleged ground, that the bill in this case, and the facts as shown, do not present a case for the interposition of a court of chancery. As the object of the bill is to compel an accounting from the executrix of an estate in regard to her conduct in the administration of the estate, it is said that the county court was the proper tribunal to grant the relief here asked. It is true, that the county court, .in the exercise of its…
2Cases cited13 opinions
- Propst v. MeadowsIllinois Supreme Court · 1851
- Judy v. KelleyIllinois Supreme Court · 1849
- Stickney v. GoudyIllinois Supreme Court · 1890
- Miles v. WheelerIllinois Supreme Court · 1867
- Nelson v. RockwellIllinois Supreme Court · 1853
8 more not listed; retrieve them via the Exa API.
3Cited by34 opinions
- Winger v. Chicago City Bank & Trust Co.Illinois Supreme Court · 1946
- Baldi v. Lynch (In Re McCook Metals, L.L.C.)United States Bankruptcy Court, N.D. Illinois · 2005
- Shapiro v. DiGuilioAppellate Court of Illinois · 1968
- Burrowes v. GoodmanCourt of Appeals for the Second Circuit · 1931
- Hayden v. WheelerIllinois Supreme Court · 1965
29 more not listed; retrieve them via the Exa API.