Motsinger v. Coleman
Illinois Supreme Court
This cause was originally commenced in the county court of Fulton County, and is founded on three promissory notes signed by Paschal Taylor, Eli Taylor and John Taylor, payable to John Coleman, and assigned in blank by the administrators of John Coleman, then deceased, two of which notes were without seal and the other under seal, and two of them joint and several, and the other joint.
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This cause was originally commenced in the county court of Fulton County, and is founded on three promissory notes signed by Paschal Taylor, Eli Taylor and John Taylor, payable to John Coleman, and assigned in blank by the administrators of John Coleman, then deceased, two of which notes were without seal and the other under seal, and two of them joint and several, and the other joint. These notes were presented to said county court, for. allowance against one of the plaintiffs in error, Thomas F. Wolf, administrator of the said John Taylor, who was then dead, on the 21st day of December,…
1Opinion of the Court
Catón, J.
While the statute secured to the heirs the right to appear by their guardian before the county court, and contest the validity of the claims filed against the estate, they were obliged to defend against these claims in the name of the administrator. He alone was the party to the record. The heirs may well be considered, in such a case, as occupying a very similar position to one for whose use' a suit is brought in the name of another. In such a case the claim must be maintained or a right asserted in the name of the nominal party, and in case of an appeal by the opposite party, the…
2Cited by6 opinions
- Rogers v. RosenfeldWisconsin Supreme Court · 1914
- Wanack v. PeopleIllinois Supreme Court · 1900
- Reece v. SmithIllinois Supreme Court · 1880
- Riely v. BartonAppellate Court of Illinois · 1889
- Phoenix Insurance Co. of Hartford v. FrischAppellate Court of Illinois · 1888
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