Carney v. Quinn

Mr. Justice Denis E. Sullivan

delivered the opinion of the court.

■ This is an appeal from an ex parte order entered in the circuit- court, declaring the alleged will of Nellie Kelly, deceased, to be the last will and testament of said Nellie Kelly. The cause came to the circuit court on an appeal from the probate court. At the time of the hearing in the circuit court on July 10, 1934, the attorney for Carney, the party objecting to the admission of the will, was not present in the court. Carney, the plaintiff, was present and asked for a continuance. The record shows that the trial judge…