Hargarten v. Berz
Appellate Court of Illinois
Contest in court of probate. Appeal from the Circuit Court of Cook County; the Hon. Julian W. Mack, Judge, presiding. Heard in the Branch Appellate Court at the March term, 1905. Statement by the Court. Appellant presented to the Probate Court of Cook County a claim against the estate of Bridget McGuirl, deceased, for the sum of $180, which was allowed.
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Contest in court of probate. Appeal from the Circuit Court of Cook County; the Hon. Julian W. Mack, Judge, presiding. Heard in the Branch Appellate Court at the March term, 1905. Statement by the Court. Appellant presented to the Probate Court of Cook County a claim against the estate of Bridget McGuirl, deceased, for the sum of $180, which was allowed. The administratrix thereupon appealed to the Circuit Court, which found in favor of the estate and rendered judgment for costs against the claimant. It appears from evidence introduced in favor of appellant that there had been a controversy…
1Opinion of the Court
Mr. Justioe Freeman
delivered the opinion of the court.
Assuming that the deceased in her lifetime made the promise as alleged and that it has not been fulfilled, we are of the opinion nevertheless that the Circuit Court committed no error in the finding and judgment complained of against appellant’s claim. He was in attendance at the court r o om -w h er e-trod-when, the alleged promise was made in obedience.to a.regular-subpoena requiring him to attend and give his testimony. For this he was entitled to and probably received the compensation allowed by law. - He was not legally entitled to…
2Cases cited4 opinions
- Linn v. SigsbeeIllinois Supreme Court · 1873
- Dodge v. StilesSupreme Court of Connecticut · 1857
- Tolhurst v. . PowersNew York Court of Appeals · 1892
- Walker v. CookAppellate Court of Illinois · 1889