Public-domain · open source
OpenJurist

103 Ill. 95

Ennis v. Ennis

Illinois Supreme Court

Decided May 12, 1882

Illinois Supreme Court · decided 1882-05-12

<p>Writ of Error to the Probate Court of Cook county; the Hon. Joshua C. Knickerbocker, Judge, presiding.</p>

Cited by 2 later decisions — most recently June 1890

2 state decisions

Relies on Hobson v. Paine

Good law ✅— No negative treatment on recordhow we know

Decided 1882-05-12

View the full empirical analysis of this case →

Per Curiam :

¶1The writ of error in this case must be dismissed. It is sued out to the probate court of Cook county, the error assigned being in the division by the probate court of the “widow’s award” between herself and her minor children.

¶2Section 11 of the Probate Court act, Laws 1877, p. 81, provides that “appeals may be taken from the final orders, judgments and decrees of the probate courts to the circuit courts of their respective counties, in all matters except in proceedings on the application of executors, administrators and guardians for the sale of real estate, ” etc. It has been frequently decided that a writ of error will not lie from this court in cases where an appeal from the judgment is allowed to the circuit court. Hobson v. Paine, 40 Ill. 25; Holden v. Herkimer, 53 id. 258; Haines v. People, 97 id. 161.

¶3Said section 11 gave an appeal in this case to the circuit court, and an appeal should have been taken to that court.

¶4Writ of error dismissed.

/103/ill/95 · .json · Public domain