Richardson v. Emberson

Appellate Court of Illinois

Richardson v. Emberson

96 Ill. App. 403, 1901 Ill. App. LEXIS 49

CourtAppellate Court of Illinois

DecidedJuly 12, 1901

StatusPublished

Cited by2 cases

This text of 96 Ill. App. 403 (Richardson v. Emberson) is published on Counsel Stack Legal Research, covering Appellate Court of Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Richardson v. Emberson, 96 Ill. App. 403, 1901 Ill. App. LEXIS 49 (Ill. Ct. App. 1901).

Pincite

Opinion

Mr. Justice Waterman

delivered the opinion of the court.

The only question presented to this court is whether the appeal taken from the order of the County Court should have been to the Circuit or Appellate Court.

The order of the County Court was an order as to the accounts of the executors of the will of John Emberson, Sr., and an order of distribution of the estate.

The appeal therefrom was properly taken to the Circuit Court, which should have proceeded to hear ele novo the matters involved. Lewis v. Flowree, Adm’x, 32 Ill. App. 315-319; Grier, Ex’r, v. Cable, 53 Ill. App. 350; 159 Ill. 29; Stull v. Stull, 68 Ill. App. 389; Millard v. Harris, 119 Ill. 185; Frank et al. v. The People, 147 Ill. 105; Dawson v. Enstice, Adm’r, 148 Ill. 346.

The order of dismissal is reversed and the cause remanded for further proceedings not inconsistent with this opinion. Reversed and remanded.

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