{
  "id": 6105335,
  "name": "Robert B. McDowell, administrator de bonis non of the estate of Nehemiah Bates, deceased, v. Augustus G. S. Wight, administrator de bonis non of the estate of Francis Bouthillier, deceased",
  "name_abbreviation": "McDowell v. Wight",
  "decision_date": "1843-12",
  "docket_number": "",
  "first_page": "418",
  "last_page": "419",
  "citations": [
    {
      "type": "nominative",
      "cite": "4 Scam. 402"
    },
    {
      "type": "official",
      "cite": "5 Ill. 402"
    }
  ],
  "court": {
    "name_abbreviation": "Ill.",
    "id": 8772,
    "name": "Illinois Supreme Court"
  },
  "jurisdiction": {
    "id": 29,
    "name_long": "Illinois",
    "name": "Ill."
  },
  "cites_to": [
    {
      "cite": "3 Gilm. 490",
      "category": "reporters:state",
      "reporter": "Gilm.",
      "case_ids": [
        2463438
      ],
      "pin_cites": [
        {
          "page": "497"
        }
      ],
      "opinion_index": -1,
      "case_paths": [
        "/ill/8/0490-01"
      ]
    },
    {
      "cite": "2 Scam. 502",
      "category": "reporters:state",
      "reporter": "Scam.",
      "case_ids": [
        2474202
      ],
      "opinion_index": 0,
      "case_paths": [
        "/ill/3/0502-01"
      ]
    }
  ],
  "analysis": {
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    "sha256": "c3ee40613824e3bf2d35692d195d74d0a4127a8077861afa1bbfdb421a8aa903",
    "simhash": "1:0e96d35d407cb476",
    "word_count": 477
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  "last_updated": "2023-07-14T20:32:49.187861+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "Robert B. McDowell, administrator de bonis non of the estate of Nehemiah Bates, deceased, v. Augustus G. S. Wight, administrator de bonis non of the estate of Francis Bouthillier, deceased."
    ],
    "opinions": [
      {
        "text": "Thomas, Justice,\ndelivered the opinion of the court: The defendant in error brought his action of assumpsit against the plaintiff in error, in the Jo Daviess circuit court, on a certain promissory note executed by the former, by the description of \u201c R. B. McDowell, adm\u2019r. of N. Bates, dec\u2019d,\u201d to the latter, by the description of \u201cA. G. S. Wight, adm\u2019r. de bonis non of the estate of Francis Bouthillier, dec\u2019d.,\u201d for the sum of $444, that \u201cbeing the balance due from the estate of said N. Bates to the estate of said F. Bouthillier.\u201d\nThe process having been duly served, a judgment by default was rendered against the defendant below, \u201c as administrator de bonis non of the estate of Nehemiah Bates, dec\u2019d.,\u201d for the sum of $463.98, the plaintiff\u2019s damages, as assessed by the clerk, together with costs; and it was adjudged that the said plaintiff \u201c have execution therefor against the goods and chattels, lands and tenements, ,of the said Nehemiah Bates, deceased, if any can be found in this (Jo Daviess) county, and if not, then against the proper goods and chattels, lands and tenements of the said Robert B. McDowell.\u201d\nThe cause comes into this court by writ of error for the reversal of that judgment.\nAmong other proceedings of the circuit court, the regularity of which is questioned by the assignment of errors, it is alleged that \u201c the court erred in rendering judgment against the lands of the intestate.\u201d\nThis objection is well taken. The court had no authority by law to render a judgment against the lands of the intestate, in a proceeding in personam against his administra- [*404] tor. This point was expressly settled by this court, in the case of Greenwood v. Spiller, 2 Scam. 502.\nFor this error, then, without examining into any other question arising upon the record, the judgment must be reversed.\nThe cause will be remanded to the circuit court of Jo Daviess county, with instructions to award a venire de novo.\nJudgment reversed,",
        "type": "majority",
        "author": "Thomas, Justice,"
      }
    ],
    "attorneys": [
      "J. B. Wells and A. L. Holmes (with whom was S. Strong), for the plaintiff in error.",
      "E. D. Baker and A. T. Bledsoe, for the defendant in error."
    ],
    "corrections": "",
    "head_matter": "Robert B. McDowell, administrator de bonis non of the estate of Nehemiah Bates, deceased, v. Augustus G. S. Wight, administrator de bonis non of the estate of Francis Bouthillier, deceased.\nError to Jo Daviess.\nI. Administrator \u2014 -judgment, form of. A circuit court has no authority to render a judgment against the lands of an intestate, in a proceeding in personam against his administrator,\nJudgment was rendered in this cause in the court below, at the May term, 1839, the Hon. Dan Stone presiding, by default, for \u00a7463.98.\nJ. B. Wells and A. L. Holmes (with whom was S. Strong), for the plaintiff in error.\nE. D. Baker and A. T. Bledsoe, for the defendant in error.\nCases Citing Text. Award of execution against decedent\u2019s estate is erroneous. Welch v. Wallace, 3 Gilm. 490, 497; Peck v Stevens, 5. Gilm. 127,"
  },
  "file_name": "0418-01",
  "first_page_order": 430,
  "last_page_order": 431
}