Legal Opinion

Smith v. Billings

Appellate Court of Illinois

Decided May 26, 1898PublishedCited by 2 opinions

In Chancery.—Bill to establish and enforce a trust. Trial in the Circuit Court of Cook County; the Hon. John Gibbons, Judge, presiding. Hearing and bill dismissed for want Of equity; appeal by complainant.

1Opinion of the CourtJustice Sears

The questions presented are, first, did the court err in excluding the testimony of appellant, and second, did the court err in dismissing the bill for want of equity.

If the appellant had proffered himself as a witness in his own behalf at the trial and after the death of the original defendant, Billings, and the substitution of appellees as defendants, no question could arise but that he must have been held incompetent under the provisions of Sec. 2, Chap. 51, Rev. Stat. It is, however, contended by counsel for appellant that because his testimony was taken by deposition during the lifetime…

2Cases cited9 opinions

  1. Neis v. FarquharsonWashington Supreme Court · 1894
  2. Zane v. FinkWest Virginia Supreme Court · 1881
  3. Boynton v. PhelpsIllinois Supreme Court · 1869
  4. Langley v. DodsworthIllinois Supreme Court · 1876
  5. Matson v. MelchorMichigan Supreme Court · 1880

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3Cited by2 opinions

  1. Mills v. MillsNebraska Supreme Court · 1936
  2. Burke v. HorthDistrict Court, D. Wyoming · 1923

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