Constitutional Law. Advisory Opinions. Appeals
1918
Harvard Law Review
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... ntent at http://about.jstor.org/participate--jstor/individuals/early-journal--content. JSTOR is a digital library of academic journals, books, and primary source objects. JSTOR helps people discover, use, and build upon a wide range of content through a powerful research and teaching platform, and preserves this content for future generations. JSTOR is part of ITHAKA, a not--for--profit organization that also includes Ithaka S+R and Portico. For more information about JSTOR, please contact support@jstor.org. 8o HARVARD LAW REVIEW diction, shall be a court of record. See I917, HupD's REV. STAT. ILL., Art. 6, ? i8. Furthermore, in the matter of admitting to probate wills involving realty, Illinois has held that the county court decision is final and not subject to collateral attack. James White Memorial Home v. Price, 195 Ill. 279, 62 N. E. 872. Keister v. Keister, I78 Ill. I03, 52 N. E. 946. Then logically in intestate succession the county court decree should be as binding as in testate succession, for if one is a probate matter, the other also is probate. The decree of the court for probate matters on a probate question should then be binding on an equity court in a collateral attack. Stone v. Wood, I6 Ill. I77; Hanna v. Vocum, I7 Ill. 77; Lynch v. Baxter, 4 Tex. 43I; Klingensmith v. Bean, 2 Watts (Pa.), 486; State v. McGlynn, 20 Cal. 233. And as the county court judgment was given in proceedings with due service according to the Illinois statute, it should be binding on the world as probateproceedings are in rem. PERFORMANCE. -The defendant refused to perform his part of a contract for a baby show on account of an epidemic of infantile paralysis. Held, the defendant was, as a matter of public policy, excused from performance. Hanford v. Conn. Fair Ass'n, Inc., i03 Atl. 888 (Conn.).
doi:10.2307/1327685
fatcat:2soaargdcnbhlgy73lw7t6z3bu