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54 Ill. 285

Horner v. Goe

Illinois Supreme Court

Decided June 15, 1870

Illinois Supreme Court · decided 1870-06-15

This is a writ of error to the county court of St. Clair county, by which it is sought to bring in review the action of that court in appointing Virginia E. Goe co-administrator, with Henry H. Horner, of the estate of Nathan Horner, deceased. It appears from the record that on the first of February, 1870, Henry H. Horner applied for letters of administration on said estate, which were granted to him.

Cited by 2 later decisions — most recently November 1880

2 state decisions

Relies on Unknown Heirs of Langworthy v. Baker · Hobson v. Paine

Good law ✅— No negative treatment on recordhow we know

Decided 1870-06-15

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Mr. Justice Breese

¶1delivered the opinion of the Court:

¶2The only question presented by this record is, will a writ of error lie to a county court in a case in which that court has exclusive original jurisdiction in granting letters of administration ?

¶3It is unnecessary to go into the argument of the question, as it has been settled by this court that it does not lie to bring in review before this court the action of that court in the appointment of an administrator on an estate. Hobson et al. v. Paine, 40 Ill. 25.

¶4The distinction between such a case and the case of the Unknown heirs of Langworthy v. Baker, 23 Ill. 484, is therein clearly stated. In the last named case it was held, inasmuch as the legislature had conferred upon county courts concurrent jurisdiction with the circuit courts to grant an order to sell the lands of a decedent for the purpose of paying his debts, and no appeal being provided, a writ of error would lie. But the proceedings of a county court in such a matter were subject to review in the same manner as proceedings in the circuit court could be reviewed in like applications. But in granting letters of administration, the jurisdiction of the county court is exclusive.

¶5The writ of error must be dismissed.

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