McCallum v. Chicago Title & Trust Co.
Illinois Supreme Court
Writ op Error to the Probate Court of Cook county; the Hon. C. S. Cutting, Judge, presiding. This is a writ of error sued out from this court to the probate court of Cook county to review an order of that court disapproving k guardian’s report of sale of real estate and ordering a re-sale of the property.
Read the full summary
Writ op Error to the Probate Court of Cook county; the Hon. C. S. Cutting, Judge, presiding. This is a writ of error sued out from this court to the probate court of Cook county to review an order of that court disapproving k guardian’s report of sale of real estate and ordering a re-sale of the property. The Chicago Title and Trust Company, as guardian of Laurence S. Koechlin, a minor, petitioned the probate court of Cook county for an order to sell lot 9 in Huse & Powers’ addition to Evanston, Cook county, Illinois. An order of sale was entered by the court in accordance with the prayer of…
1Opinion of the CourtChief Justice Hand
A motion has been made to dismiss the writ of error on the ground of lack of jurisdiction in this court to issue the same, which has been reserved to the hearing. It is contended in support of the motion, that this being a proceeding under the Guardian act, (Rev. Stat. chap. 64,) it is purely statutory, and the statute having failed to provide for the review of orders entered by the probate court under said statute by writ of error, that the only method by which said order can be reviewed is by the method provided by the statute, which is by appeal, and in support of said contention Kingsbury…
2Cases cited6 opinions
- Lynn v. LynnIllinois Supreme Court · 1895
- Quigley v. BreckenridgeIllinois Supreme Court · 1899
- Jennings v. DunphyIllinois Supreme Court · 1898
- Kingsbury v. SperryIllinois Supreme Court · 1887
- Richie v. CoxIllinois Supreme Court · 1900
1 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Rabbitt v. Frank C. Weber & Co.Illinois Supreme Court · 1921
- People ex rel. Munn v. McGoortyIllinois Supreme Court · 1915
- Bondurant v. BondurantIllinois Supreme Court · 1911
- McMahan v. TrautvetterIllinois Supreme Court · 1922
- In Re BillySupreme Court of Oklahoma · 1912
10 more not listed; retrieve them via the Exa API.