PROCEEDINGS. "WILLS. "Contests begun within a year." "The act of June 3d, 1897, to be repealed." That is a recent act in regard to filing a will in the County Court and letting it lay for 20 days, issuing notices and all that sort of business and holding up the administration, the probate of the will, for 20 days while some notice issues; it may be that every heir and legatee lives within a stone's throw of the court, and yet the matter is tied up, the property may be in jeopardy, a thousand things may need to be done. MR. ROSENTHAL: without any notice? Do you mean to admit wills to probate JUDGE GROSS: Listen a moment. "In probate of wills, notice to heirs and legatees personally or by publication." Then if they want to contest the will there is good time and place to do it, and if they do not do it there and desire to go into the Circuit Court that they must do within the year. I now want to ask your attention, gentlemen, to this mat. ter of appeals and writs of error, and as this is somewhat long and as part of it is somewhat dependent upon another, I will without explanation, read it from beginning to end, and when I am through copies of this paper that I hold in my hand will be distributed to such of you as may desire it. APPEALS AND WRITS OF ERROR. General Provisions: 1. 2. 3. Writs of error to be sued out within one year. When urged, courts of review to examine and pass on all questions raised in court below; whether formal exceptions have been preserved or not. (214.) PROCEEDINGS. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. On joinder of error, and assignment of error sustained as a matter of law, appellee, etc., may plead release of error, and have hearing. (215.) Agreed cases may go up from city, county, probate, Circuit and Superior Courts. Courts of review in all cases, to pass on questions of law and fact. No judgment at law or decree in chancery to be reversed, etc., when the reviewing court is satisfied, from the case presented, that substantial justice or equity has been accomplished. (156.) Bills of exceptions need not be sealed by the Judge signing the same. If, because of death or other disability, the trial Judge is prevented from executing the bill within the time allowed, his successor, or any Judge of the same grade in the same county or circuit, being satisfied from the stenographic notes of trial or other compe tent evidence that he can pass on and allow a true bill, shall do so; and for this purpose, an additional 20 days shall be allowed. If the appeal, etc., is to wrong court, cause ordered transferred to proper court. (117.) Record to be filed in reviewing court in a reasonable time (time to be fixed) after appeal is perfected. (145.) Judgment, etc., reversed only as to party against whom error has been committed. (148.) Allowed in habeas corpus (152), but not for admitting to bail, reducing bail, or to testify. (152-2.) On behalf of People, in criminal cases (110), (a) From judgment for defendant on demurrer or motion to quash; (b) From order in arrest of judgment; PROCEEDINGS. (c) From order, after judgment, affecting material right of People; (d) From order directing verdict for defend ant; and (e) On questions of law reserved by People, on trial. Appeals from Justice of Peace, etc.: Go to county court, or city court where existing (except forcible entry and detainer go to circuit, etc.), with Judgments of county and probate courts; and judgments and decrees of city, circuit and superior courts, to be final when (a) for recovery of money or property where the amount recovered, or the property value, does not exceed (exclusive of costs) $100.00; (b) Where the fine or penalty imposed does not exceed $100.00, or the imprisonment 20 days. To Appellate Court. Appeals, etc., from county, probate, city, circuit and superior courts, unless otherwise provided, go to Appellate Court. Judgments of Appellate Court affirming trial court where amount in controversy does not exceed $1,000.00, (or $3,000.00), or the imprisonment 3 months to be final, but by Certificate of Importance, the case may go to Supreme Court, without regard to amount in controversy, 1. As of Right. (a) where the holdings of Apin pellate Courts are in conflict; (b) where, construction of statutes, the Supreme Court has not given construction; and (c) when the Appellate Court is divided in opinion. PROCEEDINGS. 2. By Grace: When, from novelty or importance, the questions involved ought to be speedily passed on by the Supreme Court. From Appellate to Supreme Court: (a) When trial court has been affirmed, and amount in controversy, exclusive of costs, exceeds $1,000.00, (or $3,000.00). (b) When judgment of trial court is reversed, etc.; and To Supreme Court, from Trial Court, DIRECT: 1. In felonies; 2. Involving franchise, freehold, validity of statute and construction of the constitution; 3. In revenue cases, and where the State is a party; 4. All causes in equity, including contests and constructions of wills, and in testamentary trusts; and 5. In mandamus and habeas corpus. Appellate Court Terms: In First District, same as Supreme Court. (2.) Publication of Opinions: On certificate of non-importance, opinions of Appellate and Supreme Courts may be withheld from publication; but lists of such cases, by title, with names of counsel and date of final disposition, to be printed in Reports from time to time. (71.) Original Bill of Exceptions: After final disposition of cause, clerk of court being requested, to return original bill of exceptions to clerk of trial court. I have now covered, gentlemen, substantially the points that have received the assent of the Commission; I do not mean that I have presented them all, but I mean I have presented the leading points such as would be likely to catch and attract PROCEEDINGS. your attention and affect the major part of you. The Commis sion holds for further consideration— Abolishing actions of covenant and account. Set-off to be specially pleaded. Extending powers of Judge in vacation. Depositions of witnesses in this State before issue joined in suits at law, and without affidavit. Suits at law brought in name of beneficial party, pleading assignments: with right of appeal. Shortening records on appeal. Effect of sworn answer no greater force than the testimony of person verifying. Statements and answers to interrogatories, by parties, before issues joined. Negotiable instrument: Sec. 3, Act. June 4, 1895: Separate judgments against defendants jointly liable. Modification required to remove ambiguity. Punishment as for contempt of witnesses refusing to testify under dedimus potestatum. (Puterbaugh vs. Smith, 131 Ill., 199.) I said to the Commission when this last question arose that I was in entire sympathy with any scheme that could be devised that would work its way through the Supreme Court. that I tried it once myself and was very successfully knocked out in the case of Puterbaugh vs. Smith, 131 Ill. I am perfectly willing any other gentleman should try it if he thinks he can. MR. MOSES: A bill has been drafted for that purpose by Mr. Stevens. JUDGE GROSS: I am glad to hear it, but has it passed the Supreme Court? Mine would not pass. Judgment against sureties, without new suit. Counter verified statements, in pleadings, by parties. Justices Court, Counties of 3d class: defendant sued in town where he resides or does business. That, as you will observe, is supposed to be applicable to Cook County, and I want to say to the members of the Asso |