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· 9/15/1874

Gage v. Schroder

Citations

  • 73 Ill. 44

Syllabus

<p>1. Evidence—contents of lost record. A record, when lost or destroyed, may, like any other writing, be proved by secondary evidence. After its loss is shown, its contents may be shown by witnesses who know them.</p> <p>2. Administbatob’s saie—-failure to appoint guan'dian ad litem for infant defendants. If the court has acquired jurisdiction of the subject matter by the filing of a petition by an administrator for leave to sell real estate to pay debts, and of the persons of infant defendants by the publication of notice, a failure to appoint a guardian ad litem, or his failure to answer, will not defeat the jurisdiction of the court, and render the subsequent proceedings void, while it may be error.</p>

Judges: Walker

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