Sangamon County IL Archives Court.....Hamilton, V Gilman 1850
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Deb Haines http://www.genrecords.net/emailregistry/vols/00003.html#0000719 May 23, 2008, 8:03 pm

Source: Records Of Cases Illinois
Written: 1850

Elizabeth Hamilton et al., plaintiffs in error, v. Winthrop C. Gilman et al., 
defendants in error.

Error to Sangamon.

A decree cannot be entered against infants, without proof to sustain the case. 
(a)

This was a bill against parties, some of whom were infants. No proof was taken 
in support of the bill.

Caton, J. This record does not show that any evidence was before the court, to 
sustain the case made in the bill. Without such proof, no decree could be 
entered, especially as against the defendant.

The decree is reversed, and the suit remanded, with leave to the complainants 
to amend their bill.

Decree reversed.

-----------------
(a) See Sconce v. Whitney, ante 150, and note; Hitt v. Ormsbee, ante 166, and 
note (b).

Additional Comments:
Reports of Cases Determined in the Supreme Court of the State of Illinois from 
November Term, 1850, to June Term, 1851, both inclusive by E. Peck, Counsellor 
at Law. Volume XII. Reprinted from the Original Edition, with Annotations by 
William Gordon McMillan of the Chicago Bar. Callaghan & Company, Chicago, Ill. 
1881.

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