People ex rel. Foster v. Gray

Citations

• 72 Ill. 343

Syllabus

<p>1. Practice—time to dbject'to evidence. The objection that the record of a judgment of the county court, offered in evidence, does not show a convening order of court, can not be made for the first time in this court.</p> <p>2. Admissions—by failure to plead, in full. All the material averments in a declaration, not denied or controverted by plea, are admitted.</p> <p>3. Hence, in a suit upon an administrator’s bond, for the failure of the administrator to pay a judgment rendered against the estate, in due course of administration, a plea that the plaintiff’s claim was not exhibited within two years after the granting of administration, does not put in issue the existence of the judgment, and the plaintiff is not required to make proof of such judgment.</p> <p>4. Judgment op county court. When a judgment rendered by a county court for the payment, in due course of administration, of a claim exhibited against an estate, does not provide for its payment from assets of the estate not then inventoried, the presumption is, the claim was exhibited within two years from the time of granting letters of administration.</p> <p>5. Same—presumption in fmor of validity. When the county court is adjudicating upon the administration of estates, over which it has a general jurisdiction, as liberal intendments will be granted in its favor as would be extended to the proceedings of the circuit court, and it is not necessary that all the facts and circumstances which justify its action shall affirmatively appear upon the face of its proceedings.</p>