Hageman v. Holmes
Illinois Supreme Court
Appeal from the Appellate Court for the First District;—heard in that court on writ of error to the Circuit Court of Cook county; the Hon. R. S. Tuthill, Judge, presiding. A judgment was entered in the probate court of Cook county allowing a claim presented by appellant against the appellee, as executor of the estate of Charlotte E. Holmes, and on appeal judgment in the sum of $2408.12, in the same behalf, was rendered in the circuit court of said county.
Read the full summary
Appeal from the Appellate Court for the First District;—heard in that court on writ of error to the Circuit Court of Cook county; the Hon. R. S. Tuthill, Judge, presiding. A judgment was entered in the probate court of Cook county allowing a claim presented by appellant against the appellee, as executor of the estate of Charlotte E. Holmes, and on appeal judgment in the sum of $2408.12, in the same behalf, was rendered in the circuit court of said county. A further appeal to the Appellate Court for the First District resulted in a judgment reversing that of the circuit court and not remanding…
1Opinion of the CourtJustice Boggs
We think the circuit court erred in ruling on propositions of law touching the true construction of the bond. The undertaking of the obligors expressed in the bond is to pay “said costs for opening Armour avenue in front of said above described' property.” The antecedent of the word “said,” preceding the word “costs,” is “a special assessment now pending on said property,” recited under a whereas which immediately precedes the clause in which the undertaking is expressed. The charges legally taxable in the special assessment proceeding', frequently called “cost” or “costs,” are not mentioned…
2Cited by9 opinions
- Carson Pirie Scott & Co. v. ParrettIllinois Supreme Court · 1931
- Englestien v. MintzIllinois Supreme Court · 1931
- Holmes v. Standard Oil Co. of IndianaIllinois Supreme Court · 1899
- Reconstruction Finance Corporation v. TeterCourt of Appeals for the Seventh Circuit · 1941
- Vilter Mfg. Co. v. LoringCourt of Appeals for the Seventh Circuit · 1943
4 more not listed; retrieve them via the Exa API.