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165 Ill. 143

Ryan v. People

Illinois Supreme Court

Decided November 9, 1896

Illinois Supreme Court · decided 1896-11-09

<p>1. Evidence—order of probate court on guardian’s final report is admissible in action on his bond. An order of the probate court finding the amount due from a guardian to his ward on his final account is admissible in a suit against the sureties on his bond.</p> <p>2. Same—copy of bond admitted in evidence proves recitals contained in it. Where, in an action on a guardian’s bond, a copy of the bond is admitted in evidence which recites the guardianship and the names of the sureties, such recitals are sufficient evidence of the appointment of the guardian.</p> <p>3. Res judicata—;final order of probate court binds sureties of guardian as to amount due. An order of the probate court finding the amount due from a guardian to his ward is conclusive upon the guardian and the sureties on his bond in an action of debt on the bond, and can only be impeached for fraud or mistake.</p> <p>4. Pleading—when cause is at issue. Where issue has been taken on pleas of nil debet and non estfactum, filed to a declaration in debt on a guardian’s bond, and no other form of pleading will entitle the plaintiS to recover without proving the affirmative on these issues, the cause is at issue, and all other pleas are superfluous.</p> <p>5. Continuance—parly unprepared to proceed by reason of amendment of pleadings must file affidavit. The overruling of a motion for continuance on the ground of amendment of pleadings presents no question for a court of review, where the moving party merely offers to file the statutory affidavit that he was unprepared, etc., but does not do so.</p>

Good law ✅— No negative treatment on recordhow we know

Decided 1896-11-09

How this case has been cited

Cited by 11 later decisions — most recently December 1987

11 state decisions

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Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Mr. Justice Phillips

¶1delivered the opinion of the court:

¶2On examination of this record we are impressed with the fact that absolute justice has been done in the judgment of the Appellate Court, and concur with that court in its discussion of the questions of law presented.

¶3In the additional brief and argument filed in this court it is urged the Appellate Court avoided considering whether there was error in the circuit court in the admission in evidence of the order of the probate court. The action being upon a guardian’s bond, and a copy having been admitted in evidence, the order of the probate court, on its face, shows a presentation of the final account of the guardian and the amount due, with accrued interest. The bond itself recited the guardianship, the names of the sureties, the order of the probate court reciting the presentation of the final account of the guardian, and the amount due. Such order, in connection with the bond, furnishes the evidence of the appointment of a guardian, the names of the sureties, the presentation of the final account and the amount found due thereon. Such order is conclusive upon the guardian and sureties upon his bond as to the amount actually in the hands of the guardian, and is impeachable only for fraud or mistake. It was not error to admit the order of the probate court in evidence.

¶4Concurring, as we do, with the Appellate Court we decline to further discuss the question, and the judgment of the Appellate Court for the First District is affirmed.

¶5Judgment affirmed.

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