Wuerzburger v. Wuerzburger
Illinois Supreme Court
Writ or Error to the Circuit Court of Woodford county; the Hon. S. S.- Page, Judge, presiding. This was a writ of error sued' out by Anna Wuerzbui'ger and Eddie Wuerzburger on May 26, 1904, from this court, to review a decree of the circuit court of Woodford county entered on the 17th day of December, 1885. Complainants in the bill were Anna Wuerzburger, widow of John Wuerzbui-ger, and six of the children of said John Wuerzburgei-, including the plaintiffs in error, who were…
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Writ or Error to the Circuit Court of Woodford county; the Hon. S. S.- Page, Judge, presiding. This was a writ of error sued' out by Anna Wuerzbui'ger and Eddie Wuerzburger on May 26, 1904, from this court, to review a decree of the circuit court of Woodford county entered on the 17th day of December, 1885. Complainants in the bill were Anna Wuerzburger, widow of John Wuerzbui-ger, and six of the children of said John Wuerzburgei-, including the plaintiffs in error, who were then all minors and who sued by Herman J. Pelz, as their next friend, and the defendants were the eight adult children…
1Opinion of the CourtJustice Hand
A motion was made to dismiss the writ of error, which has been reserved to the hearing. The grounds of the motion, so far as we deem them material, are as follows: First, the parties to the writ of error are not the same as the parties to the suit in the court below; second, all the parties complainant in the court below were not joined as plaintiffs in error; third, Mary E. Madison and Leona Colburn were not parties to the suit in the court below, either as complainants or defendants.
It has been held since the early case of Robinson v. Magarity, 28 Ill. 423, to be the law of this State that…
2Cases cited7 opinions
- McIntyre v. SholtyIllinois Supreme Court · 1891
- Wormley v. WormleyIllinois Supreme Court · 1904
- Robinson ex rel. Cooper v. MagarityIllinois Supreme Court · 1862
- Hauger v. GageIllinois Supreme Court · 1897
- Cooke v. CookeIllinois Supreme Court · 1901
2 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Clark v. ZaleskiIllinois Supreme Court · 1915
- Griggsville State Bank v. NewmanAppellate Court of Illinois · 1934
- Murphy v. Country Club Building Corp.Appellate Court of Illinois · 1933
- Gindele v. ConlonAppellate Court of Illinois · 1916
- Horan v. Cooke Brewing Co.Appellate Court of Illinois · 1912
1 more not listed; retrieve them via the Exa API.