People v. Abbott
Illinois Supreme Court
Appeal from the Appellate Court for the Second District; —heard in that court on appeal from the Circuit Court of Knox county; the Hon. Arthur A. Smith, Judge, presiding. This is an appeal from a judgment of the Appellate Court for the Second District, reversing a judgment of the circuit court of Knox county.
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Appeal from the Appellate Court for the Second District; —heard in that court on appeal from the Circuit Court of Knox county; the Hon. Arthur A. Smith, Judge, presiding. This is an appeal from a judgment of the Appellate Court for the Second District, reversing a judgment of the circuit court of Knox county. The case was a proceeding instituted by Thomas McKee, as administrator of the estate of Kate H. Lee, deceased, in the county court of Knox county, against Daniel Abbott and Louisa McCall, as executors of the last will and testament of Catharine Dwire, deceased, under section 80, of…
1Opinion of the CourtJustice Scholfield
This is a summary statutory proceeding, under section 80, chapter 3, of the Revised Statutes of 1874, page 118. It does not follow because it is proved another party is in possession of goods, chattels, etc., of the deceased, that the court shall order that the same be delivered to the executor or administrator. The language is, the court “may” examine the party under oath, and “hear the testimony of such executor or administrator, and other evidence offered by either party, and make such order in the premises as the case may require. ” If the order can accomplish no substantial good, clearly…
2Cases cited5 opinions
- Lewis v. LyonsIllinois Supreme Court · 1851
- Farrar v. DeanSupreme Court of Missouri · 1856
- Dixon v. BuellIllinois Supreme Court · 1859
- Leamon v. McCubbinIllinois Supreme Court · 1876
- Dorman v. TostIllinois Supreme Court · 1851
3Cited by14 opinions
- Martin v. MartinIllinois Supreme Court · 1897
- Moore v. BrandenburgIllinois Supreme Court · 1910
- McCall v. LeeIllinois Supreme Court · 1887
- Cotterell v. CoenIllinois Supreme Court · 1910
- Robertson v. YagerIllinois Supreme Court · 1927
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