Meserve v. Delaney

Citations

• 105 Ill. 53
• 1882 Ill. LEXIS 236

Syllabus

<p>1. County court—in Cook county—divested of probate jurisdiction. The act of 1877, creating probate courts in counties having a population of 100,000 or more, divested the county courts in those counties of all probate jurisdiction.</p> <p>2. Appeal—dismissed for refusing to pay cost of transcript, etc. An appeal by an executrix from an order of the county court of Cook county allowing a claim against the estate she represented, was allowed and perfected in 1875, but the appellant failed to file any transcript in the case in the circuit court, and in December, 1881, the party in whose favor the claim was allowed obtained from the clerk of the probate court (to which court the records and papers had been transferred) a transcript of the judgment appealed from, and the papers, properly certified, and filed the same in the circuit court, and after giving'the executrix notice, obtained a rule on her to refund the costs paid for the transcript by a short day named, and that in default thereof her appeal be dismissed. The rule not being complied with the appeal was dismissed. On appeal by the executrix from the order of dismissal, the judgment was affirmed.</p>