Northern Trust Co. v. Palmer
Illinois Supreme Court
Appeal from the Appellate Court for the First District;—heard in that court on appeal from the Circuit-Court of Cook county; the Hon. Frank Baker, Judge, presiding. This was an action of trespass on the case, brought by Marie M. Fenton, against Cyrus M. Hawley. The defendant was duly served with summons, but before the cause was reached for trial the plaintiff and defendant died.
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Appeal from the Appellate Court for the First District;—heard in that court on appeal from the Circuit-Court of Cook county; the Hon. Frank Baker, Judge, presiding. This was an action of trespass on the case, brought by Marie M. Fenton, against Cyrus M. Hawley. The defendant was duly served with summons, but before the cause was reached for trial the plaintiff and defendant died. The appellant was duly appointed executor of the estate of Cyrus M. Hawley, and appellee was made executor of the estate of Marie M. Fenton. The death of Marie M. Fenton, the plaintiff in the action, and of Cyrus M.…
1Opinion of the CourtJustice Craig
The principal questions insisted upon by appellant in this case are, first, that the suit abated by thg death of the plaintiff and defendant in the original suit; and second, that the court erred in sustaining the demurrer to the plea in abatement.
In support of his position, the attorney for appellant, in his argument, insists that as the legislature of Illinois has, by special enactment, provided “that the common law of England, so far as the same is applicable and of a general nature, and all statutes or acts of the British parliament made in aid of and to supply the defects of the common…
2Cases cited2 opinions
- Executors of Henderson v. AlexanderSupreme Court of Georgia · 1847
- Murphy v. McGrathIllinois Supreme Court · 1875
3Cited by12 opinions
- Ariola v. NigroIllinois Supreme Court · 1959
- Miller v. SimonAppellate Court of Illinois · 1968
- Mattyasovszky v. West Towns Bus Co.Appellate Court of Illinois · 1974
- Devine v. HealyIllinois Supreme Court · 1909
- Blaustein v. PincusMontana Supreme Court · 1913
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