McCall v. Lee

Citations

• 120 Ill. 261
• 11 N.E. 522

Syllabus

<p>1. Administration or estates—keeping claim, upon the docket—reinstating same. A claim against an estate was filed in proper time, of which filing the personal representative had due notice, but the clerk omitted to continue and keep the case and claim upon the docket from term to term. An order re-instating the claim was entered, after motion duly made, and ten days’ notice of the motion duly served upon the executors. Upon objection that the claim was improperly re-instated, it was held, that having been filed in time, it made no difference whether the clerk kept it on the docket or not, so long as there was no order in any way disposing of it; so the objection was not well taken.</p> <p>2. Same—amendment, by changing the name of the claimant. Where a claim has been filed in the county court in the time required by law, that court may properly allow an amendment of the claim filed, by changing the name of the claimant, even after the time limited for the filing of claims, when the effect is not to introduce a new and different cause of action. When no new cause of action is introduced, the courts will allow amendments liberally, for the purpose of avoiding the bar of the Statute of Limitations.</p> <p>3. Same — classification of claims when allowed—whether essential. On appeal from the county court, a judgment of the circuit court, in allowing a claim against an estate, will not be erroneous, merely because the order fails to fix the class to which the claim belongs. That court has the power to direct the classification of a claim allowed by it, but it is not error for it to fail to do so. The statute fixes the class to which it belongs. . The direction that it be paid in due course of administration, means that it shall be paid as, and pro rata with,.other claims of the same class, out of the assets administered.</p> <p>4. Same— considering the equities, in allowance of claim. The county court, in considering claims against estates, is not limited to the techni