Beardsley v. Hill

Citations

• 61 Ill. 354

Syllabus

<p>1. Appeal—county court—how lateen. Where the county court rendered a judgment, and the defendant filed in that court an appeal bond which was approved by the county judge before the expiration of twenty days: Held, the appeal was perfected, although the bond was not sent to the court to which the appeal was taken until after that time. An appeal taken from the probate court may be perfected in the same manner that appeals may be from justices of the peace.</p> <p>2. Where an administrator appeals, and the condition of the bond recites that he is administrator, and at the end of his signature to the bond he adds “Adm’r,” the court will not hold this is an individual bond of the administrator. A defect in the condition of such a bond must be objected to in the court to which the appeal is 'taken, to be availing. Such objection comes too late when made for the first time in this court.</p> <p>3. Costs—claim against an estate. Where the record fails to show when the administrator was appointed, the date of his letters, or that a term of court had been fixed for the adjustment of claims, or any evidence that defendant was administrator until the allowance of the claim, it will not be presumed that the claim was irregularly filed or that the costs were improperly awarded against the defendant.</p> <p>4. Promissory mote—words omitted—intendments. Where a person, by a writing in the form of a note, promises to pay the person named “one hundred and ninety-one, fifty cents, for money borrowed:” Held, that this was a promissory note for the sum of $191.50, and that, the presumption will be indulged that the word “dollars” was unintentionally omitted when the note was drawn. 1</p>