Bruce v. Doolittle

Citations

• 81 Ill. 103

Syllabus

<p>1. Limitations—must be pleaded. If a party desires to set up the bar of the Statute of Limitations as a defense, he must plead the same.</p> <p>3. Same—does not apply to citation to account. A citation to require a guardian to account, is not an action either at law or in equity, within the meaning of the Statute of Limitations.</p> <p>3. Guardian—power of court to require an account. The statute confers express power on county courts to compel guardians to render their accounts upon oath, and to require additional security when necessary, and in default thereof to remove them.</p> <p>4. SAME-^-accotóraí approved, not conclusive. Although a guardian’s account may have been approved by the county court, he may, afterwards, be charged with moneys received by him which he failed to charge in his account, or if he charged himself with too small an amount, the wards may have the account correctly stated. ,</p> <p>5. Same—settlement with wards. A settlement by a guardian, made with his ward, upon the basis of an erroneous report made by him to the court, is not conclusive on the ward, nor is a receipt given for the balance shown by such report to be due the ward, when it is given under the assurance, if anything else is found to be due it shall not stand in the way.</p> <p>6. Judgment—in vacation. It is error to enter judgment in a case in vacation, where the court adjourns for the term after hearing the evidence, without the consent of the parties.</p>