Kingsbury v. Sperry

Citations

• 119 Ill. 279
• 10 N.E. 8

Syllabus

<p>1. Appears and writs op error— writ of error awarded, in the absence of any other remedy. A writ of error, in the absence of express statutory authority, in purely statutory proceedings that are not according to the course of the common law, has been allowed only to prevent a failure of justice, because the party affected has no other mode of review.</p> <p>2. Same—os to final orders of county court—writ of error not a writ of right, in all cases, under section 19, article 6, of constitution. Section 19, of article 6, of the constitution, relating to appeals and writs of error to review final orders of the county court, does not confer the right to a writ of error from this court in all cases decided by the county court. It is but a direction to the General Assembly to prescribe, by law, how appeals and writs of error shall be allowed from the final judgments of the county courts.</p> <p>3. Same—under section 11 of the Probate Court act—whether a writ of error will lie to the county court, in respect of similar matters. Section 11 of the act to establish probate courts in certain counties, in relation to writs of error, is prospective, only, in its operation, and applies only to decrees and orders of that court, and does not authorize a writ of error to review a decree or final order of the county court for the mortgage or sale of a ward’s land by a guardian.</p> <p>4. Same—in case appeal is given from county court to circuit court—■ whether writ of error will lie to county court. Where the statute confers on the county court a jurisdiction unknown to the common law, and gives an appeal from the judgments and final orders of that court, under such statutory jurisdiction, to the circuit court, a writ of error will not lie from this court to review the action of the county court.</p> <p>5. Same—whether freehold is involved. The foreclosure of a mortgage, and, much less, the giving of leave by the county court to a guardian to mortgage his ward’s lands, does not inv