People ex rel. Hungate v. Cole

Citations

• 84 Ill. 327

Syllabus

<p>1. Administrator—receipt of acting one, good. The receipt of an acting administrator of an estate, under authority of law, regularly appointed by a court of competent jurisdiction, is a sufficient acquittance of a debt due the estate, and will bar any action for the recovery of the same, subsequently brought, notwithstanding some irregularities may have intervened in the appointment of the administrator, which would he fatal on appeal or error.</p> <p>2. Jurisdiction of the county court—presumption. The county court, though of limited, is not of inferior, jurisdiction, and presumptions in favor of its jurisdiction will always be indulged. In all collateral proceedings it will be presumed to have had jurisdiction in all matters pertaining to the administration of estates, until the contrary is made to appear.</p> <p>3. Attorney at law—stricken from roll for withholding money collected. Where an attorney at law neglects and refuses to pay over moneys collected by him, to his client or his agent, and, after the client’s death, to his administrator, after demand, this will be such a breach of professional duty as to require the striking of his name from the roll of attorneys.</p> <p>4. Same—liable when he enters satisfaction of judgment. If an attorney enters satisfaction of a judgment recovered by him, without full payment, he will be personally liable to his client for the unpaid balance.</p>