Carr v. Casey
Illinois Supreme Court
The plaintiff’s intestate, Nancy Dotson, filed her bill on the chancery side of the Jefferson Circuit Court, complaining of the defendants for overreaching her in a contract for her share of her sister Sarah Piggot’s estate, made with said Zadoc and Thomas, by a suppression of the facts, and also for other reasons stated at length in the bill.
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The plaintiff’s intestate, Nancy Dotson, filed her bill on the chancery side of the Jefferson Circuit Court, complaining of the defendants for overreaching her in a contract for her share of her sister Sarah Piggot’s estate, made with said Zadoc and Thomas, by a suppression of the facts, and also for other reasons stated at length in the bill. The complainant, Nancy, died after the filing of the bill, and at a term of the Jefferson Circuit Court, her counsel moved the court to continue the cause, announcing to the court the death of his client, the said Nancy, and asking the court to continue…
1Opinion of the CourtCaton, C. J.
Pending this suit in the Circuit Court, the complainant died, and the Circuit Court entered a decree abating the suit. The administrator of the deceased complainant then filed another bill in the Circuit Court, which is still there pending. Afterwards he brought this writ of error to reverse the decree abating the first suit, and the defendant in error has filed a plea in abatement in this court, showing these facts, to which a demurrer is filed, which presents the question for our consideration. We think the plea good, and that the demurrer should be overruled. By filing another, bill for…
2Cited by2 opinions
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