Ayers v. Mussetter

Citations

• 46 Ill. 472

Syllabus

<p>1. Lunatic—of petition to restore property. Where a party who has been duly declared a lunatic, files his petition in the Circuit Court in which the original proceedings were had and continued, alleging his sanity, and asks that his property be restored to him: Hdd, that the continuance in the former case and the petition, being between the same parties, and relating to the same subject matter, the proceeding under the petition was, in substance, further proceedings in the original cause.</p> <p>2. Docketing suit—of its form. The mere form of docketing a suit cannot prejudice the merits in such a case. The appointment of a conservator is in the nature of an information, and is not technically a suit, involving adverse rights, or the recovery of property.</p> <p>3. Transcript of record—-for the Supreme Court—of its form and requisites. Where the clerk certifies the original proceedings, and the petition, in parts as two records, it does not change the record as it exists in the court below. It constitutes a transcript in but one case. The manner in which a clerk may divide a record and certify in parts, cannot deprive parties of important rights.</p> <p>4. Petition—the hearing, and herein of the rights of parties. On the filing of the petition, the court below may require the original case to be re-docketed—an issue formed and trial of the merits—and if found that the petitioner has regained his reason, order the conservator to return his property to him, otherwise to refuse the relief</p>