Legal Opinion

Bennett v. Hanifin

Illinois Supreme Court

Decided September 15, 1877PublishedCited by 3 opinions

Appeal from the Circuit Court of Jo Daviess county; the Hon. William Brown, Judge, presiding. This was a citation, by the county court of Jo Daviess county, to Charles R. Bennett, guardian of Mary A. Hanifin, to make his final report and settlement with his ward, the citation issuing February 7, 1876. In obedience to the citation, the guardian made report that, on the coming of age of his ward, she called on him for a full settlement of his account as guardian; that such…

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Appeal from the Circuit Court of Jo Daviess county; the Hon. William Brown, Judge, presiding. This was a citation, by the county court of Jo Daviess county, to Charles R. Bennett, guardian of Mary A. Hanifin, to make his final report and settlement with his ward, the citation issuing February 7, 1876. In obedience to the citation, the guardian made report that, on the coming of age of his ward, she called on him for a full settlement of his account as guardian; that such ward and himself went to the probate court, and had the account made i •> and adjusted, and there was found to be due to…

1Opinion of the CourtJustice Sheldon

The claim of appellant is, that he made a full and final settlement of his guardianship account with his ward, after she came of age, before the county court, which then found and adjudicated that the sum of $128.88 was the whole amount due, which he paid over to appellee; and that this adjudication is to be held conclusive between the parties, of the amount due, except in a direct proceeding 'on appeal or error to reverse it, or upon a bill in chancery to impeach it on the ground of fraud or mistake.

Appellant takes his stand upon this order of the county court of August 5, 1868, and the…

2Cases cited2 opinions

  1. Gilbert v. GuptillIllinois Supreme Court · 1864
  2. Woods v. MonellNew York Court of Chancery · 1815

3Cited by3 opinions

  1. Elder v. WhittemoreAppellate Court of Illinois · 1893
  2. In re Estate of ThomasSupreme Court of Colorado · 1899
  3. McFarland v. McFarlandAppellate Court of Illinois · 1879

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