Dinsmoor v. Bressler
Illinois Supreme Court
Appeal from the Circuit Court of Whiteside county; the Hon. John D. Crabtree, Judge, presiding. On May 7, 1892, appellee as administrator of the estate of Abram Ulmer, deceased, filed an affidavit in the county court under section 81 of the Administration act, charging that appellant and one Jarvis Dinsmoor, acting as attorneys for said estate, had collected $1030.00 belonging thereto, and retained and refused to pay over $730.00 of said amount to appellee, as administrator,…
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Appeal from the Circuit Court of Whiteside county; the Hon. John D. Crabtree, Judge, presiding. On May 7, 1892, appellee as administrator of the estate of Abram Ulmer, deceased, filed an affidavit in the county court under section 81 of the Administration act, charging that appellant and one Jarvis Dinsmoor, acting as attorneys for said estate, had collected $1030.00 belonging thereto, and retained and refused to pay over $730.00 of said amount to appellee, as administrator, although often requested so to do. Citation was issued ordering said attorneys to appear, and show cause why they…
1Opinion of the CourtJustice Magruder
The contention of appellant is, that the original affidavit filed in the county court under section 81 of the Administration act charges appellant with having in his possession money belonging to the estate of the deceased intestate, and not money belonging to the deceased. It is said, that section 81 only contemplates a case where the person charged has money or effects, which came into his hands during the lifetime of the deceased, and not a case where the person charged has received money or effects which came to his hands after the death of the deceased. The theory of counsel is, that…
2Cases cited11 opinions
- In Re PaschalSupreme Court of the United States · 1871
- United States Ex Rel. Wilson v. WalkerSupreme Court of the United States · 1883
- Ex parte CaseyCalifornia Supreme Court · 1886
- Leopold v. PeopleIllinois Supreme Court · 1892
- Blair v. SennottIllinois Supreme Court · 1890
6 more not listed; retrieve them via the Exa API.
3Cited by35 opinions
- Martin v. MartinIllinois Supreme Court · 1897
- Moore v. BrandenburgIllinois Supreme Court · 1910
- Johnson v. NelsonIllinois Supreme Court · 1930
- Estate of Huffman v. HuffmanMissouri Court of Appeals · 1908
- Clinton v. ClintonSupreme Court of Missouri · 1909
30 more not listed; retrieve them via the Exa API.