Legal Opinion

Estate of Nester v. Carney Bros.

Appellate Court of Illinois

Decided December 23, 1901PublishedCited by 5 opinions

Attachment Proceedings. — Appeal from the Circuit Court of Cook County; the Hon. Elbridge Hanbcy, Judge, presiding. Heard in this court at the March term, 1901. Statement toy the Court. — Appellee brought an attachment September 12, 1900, against “the estate of Thomas Hester, and George Hester, as executor of the estate of Thomas Hester, defendants,” the affidavit stating that the defendants were not residents of Illinois.

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Attachment Proceedings. — Appeal from the Circuit Court of Cook County; the Hon. Elbridge Hanbcy, Judge, presiding. Heard in this court at the March term, 1901. Statement toy the Court. — Appellee brought an attachment September 12, 1900, against “the estate of Thomas Hester, and George Hester, as executor of the estate of Thomas Hester, defendants,” the affidavit stating that the defendants were not residents of Illinois. The writ of attachment was levied upon a large amount of personal property, and certain garnishees were summoned. Parties in whose possession the property was found gave a…

1Opinion of the Court

Mr. Presiding Justice Windes

delivered the opinion of the court.

A preliminary question is presented by two motions made in this court, one by the appellee to strike the bill of exceptions from the record, and another by the appellant to strike from the record the amendment to the bill of exceptions.

The original record, Avhich was at that time a full and complete transcript, and was filed in this court on the 6th day of March, 1901, contains no bill of exceptions. A bill of exceptions in the cause was settled, signed and sealed by the judge of the Circuit Court on March 11,1901, at the February…

2Cases cited11 opinions

  1. Hake v. StrubelIllinois Supreme Court · 1887
  2. Dougherty v. PeopleIllinois Supreme Court · 1886
  3. Snell v. Trustees of the Society of the Methodist Episcopal ChurchIllinois Supreme Court · 1871
  4. Van Cott v. SpragueAppellate Court of Illinois · 1880
  5. Gebbie v. MooneyIllinois Supreme Court · 1887

6 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. Witteman Co. v. GoekeAppellate Court of Illinois · 1916
  2. Ackerman v. PeopleAppellate Court of Illinois · 1902
  3. Supreme Court of Independent Order of Foresters v. KnowlesAppellate Court of Illinois · 1904
  4. Bryan v. Brotherhood of American YeomenAppellate Court of Illinois · 1912
  5. Supreme Lodge v. RehgAppellate Court of Illinois · 1904

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