Fitzsimmons v. Cassell

Citations

• 98 Ill. 332
• 1881 Ill. LEXIS 261

Syllabus

<p>1. Administration—to 7¡e?i claim is of sixth class. If one of two executors of an estate receives moneys due the estate while acting in that capacity, which have not been accounted for, either by him in his lifetime, or by Ms legal representatives after his death, the surviving executor will have the right to have the amount so received by his co-executor allowed against his estate as a sixth class claim.</p> <p>2. Practice—this court precluded from inquiring into facts found by the inferior or Appellate Court. By section 89 of the Practice act, this court is required to re-examine eases brought to it as to questions of law only, and is precluded from calling in question the determination of the inferior or Appellate Courts upon controverted questions of fact, except in the cases named in the preceding section.</p> <p>3. Same—when Appellate Court must find the fads. Where the evidence tends to establish two distinct and opposite states of fact, which would respectively require different and opposing judgments, it is error in the Appellate Court to reverse the judgment of the trial court without reciting in its judgment or final order, the facts as found by the Appellate Court, where no question of law is presented by the record, and its judgment will be reversed, and the cause remanded with directions, that if it finds the facts as they were found in the trial court, to affirm the judgment below, but if it finds the facts differently, to render such judgment upon the facts thus found as the law shall require, and to recite the same in the final judgment or order.</p>