Rosenthal v. Magee
Illinois Supreme Court
Writ oe Error to the Circuit Court of Cook county; the Hon. Erastüs S. Williams, Judge, presiding. The case is stated in the opinion of the court. The question presented is, whether a creditor of an estate may recover costs in a suit against the administrator, commenced in the Circuit Court after having made a demand, but without having presented his claim to the probate court at a term which had been appointed by the administrator for that purpose.
1Opinion of the CourtJustice Breese
The question presented by this record, involves the construction of certain sections of the chapter entitled “ Wills,” which do not seem entirely harmonious. They are sections 95 and 101.
An action of assumpsit was brought in the Cook Circuit Court upon a promissory note made by Michael Doyle to John Magee, and against Julius Eosenthal, administrator on the estate of Doyle. The pleas were the general issue — denial of the execution of the note — that it was assigned after maturity and set off.
The jury found for the plaintiff and assessed the damages at six thousand three hundred and thirty-two…
2Cases cited3 opinions
- Peacock v. HavenIllinois Supreme Court · 1859
- Reitzell v. MillerIllinois Supreme Court · 1860
- Granjang v. MerkleIllinois Supreme Court · 1859
3Cited by2 opinions
- Pufahl v. Estate of ParksSupreme Court of the United States · 1936
- McClure v. Board of County CommissionersSupreme Court of Colorado · 1896