Hobson v. Paine
Illinois Supreme Court
This is a writ of error to the County Court of Warren, county, by which it is sought to bring in review the action of that court in appointing Eleazer A. Paine administrator of the estate of Bushnell Willey, deceased. The order of appointment was made on the 21st of March, 1853, in pursuance of which the usual bond was filed, and letters of administration were issued, and the administrator proceeded to execute his duties as such.
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This is a writ of error to the County Court of Warren, county, by which it is sought to bring in review the action of that court in appointing Eleazer A. Paine administrator of the estate of Bushnell Willey, deceased. The order of appointment was made on the 21st of March, 1853, in pursuance of which the usual bond was filed, and letters of administration were issued, and the administrator proceeded to execute his duties as such. The children and heirs at law of Willey sued out this writ of error, and seek to raise the questions involved in this assignment of errors: 1. The County Court had…
1Per curiam
We are of opinion that a writ of error does not lie to a County Court for the purpose of bringing in review the action of that court in the appointment of an administrator of an estate.
It is true, in the case of The Unknown Heirs of Langworthy v. Baker, 23 Ill. 487, a writ of error to the County Court was entertained, but that case is clearly distinguishable from this. That was a writ of error brought to reverse an order of the County Court for a sale of real estate, at the instance of an administrator, for the payment of debts.
The County Court had been given jurisdiction, concurrent with the…
2Cited by11 opinions
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- Kingsbury v. SperryIllinois Supreme Court · 1887
- Fitzgerald v. GlancyIllinois Supreme Court · 1869
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