Schlink v. Maxton
Illinois Supreme Court
Appeal from the Appellate Court for the Third District;—heard in that court on appeal from the Circuit Court of McLean county; the Hon. Thomas F. Tipton, Judge, presiding.
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Appeal from the Appellate Court for the Third District;—heard in that court on appeal from the Circuit Court of McLean county; the Hon. Thomas F. Tipton, Judge, presiding. The appellant presented to the circuit court of McLean county a petition for a common law writ of certiorari, alleging that petitioner was the executor of the estate of Valentine Schlink, deceased; that he presented a claim against said estate in due form, and properly verified by his affidavit, on the 20th of July, 1891, during the July term of the county court, and asked that court for an adjustment of his said claim, and…
1Opinion of the CourtJustice Baker
We concur in the judgment and in the opinion of the Appellate Court.
It is urged in the argument presented to this court, that the motion to set aside the judgment was not made by Pitts, the administrator pro tempore, but was made by Louisa Barrickman, who was in nowise a party to the suit, although she was a child of the intestate. Section 60 of the act in regard to the administration of estates provides that when a claim is presented against an estate for allowance, and no objection is made to such claim by the executor, administrator, widow, heirs or others interested in the estate, then…
2Cases cited5 opinions
- Propst v. MeadowsIllinois Supreme Court · 1851
- Hyslop v. FinchIllinois Supreme Court · 1881
- McIntyre v. SholtyIllinois Supreme Court · 1891
- Moore v. RogersIllinois Supreme Court · 1857
- Mason v. BairIllinois Supreme Court · 1864
3Cited by32 opinions
- Heppe v. SzczepanskiIllinois Supreme Court · 1904
- Strauss v. PhillipsIllinois Supreme Court · 1901
- Ford v. First National Bank of StuartIllinois Supreme Court · 1903
- Pedersen v. DempseyAppellate Court of Illinois · 1950
- Glenn v. MitchellSupreme Court of Colorado · 1922
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