The Northern Trust Co. v. Palmer
Appellate Court of Illinois
Trespass on the Case, for wrongfully removing the wall of a building. Appeal from the Circuit Court of Cook County; the Hon. Frank Baker, Judge, presiding.
1Opinion of the CourtJustice Waterman
delivered the- opinion of the Court.
Marie M. Fenton began an action of trespass on the case against Cyrus M. Hawley, upon whom process was served; thereafter the plaintiff and defendant died; thereupon appellant was appointed executor of the last will and testament of Cyrus M. Hawley, and appellee was made executor of Marie M. Fenton.
Thereafter the death of Cyrus M. Hawley and Marie M. Fenton was suggested, and by order of court appellant and appellee were substituted as plaintiff and defendant.
It is contended that all the parties to the cause having died, the suit abated and could not be…
2Cases cited3 opinions
- City of Joliet v. HarwoodIllinois Supreme Court · 1877
- Chicago City Railway Co. v. HennessyAppellate Court of Illinois · 1885
- Village of Jefferson v. ChapmanAppellate Court of Illinois · 1888
3Cited by1 opinion
- A. M. Holter Hardware Co. v. Western Mortgage & Warranty Title Co.Montana Supreme Court · 1915