Housh v. People ex rel. Camp

Citations

• 66 Ill. 178

Syllabus

<p>1. County court—presumption in favor of jurisdiction. The county court, in matters in which it can act, is a court of general jurisdiction, and liberal intendments will be made in its favor. Until the contrary is made to appear, it will be presumed that such coui;t had jurisdiction, and proceeded regularly.</p> <p>2. Same—jurisdiction of the person. Where an executor was cited by the, county court to appear at the July term, 1869, to make a final settlement of his accounts, and show cause why he should not account for certain property which came to his hands, and he appeared, and the cause was continued, by consent, to the November term, when a portion of the evidence was heard, and the cause again continued to the next term, when an order was made requiring him, within thirty days, to file an account current, charging himself with sundry items amounting to $4483; and at the June term, 1870, the county court, for non-compliance with this order, and other acts of misconduct, found there was due from him, in favor of the estate, $1836.30, ordered its payment to his successor, and revoked his letters and appointed his successor; and the record failed to show any new citation or notice that further proceedings would be had against him at the latter term: Held, that the order made at the December term was not a final one, and that it would be presumed in favor of the jurisdiction of the court, nothing appearing to the contrary, that the cause was continued on the docket until the report required should be presented for approval, and was so continued until the order of removal was made.</p> <p>3. Judgment—conclusive ejfeat of orders of county cowrt on eececutor and his securities. Where the county court, having jurisdiction of the person of an executor by citation and appearance, after several continuances, made a final order finding the amount in his hands, revolting his letters, appointing his successor, and requiring the executor to pay over such sum to the successo