Fry v. Bidwell
| Decision Date | 30 September 1874 |
| Citation | 74 Ill. 381,1874 WL 9145 |
| Parties | CONRAD J. FRYv.ORLANDO B. BIDWELL. |
| Court | Illinois Supreme Court |
OPINION TEXT STARTS HERE
APPEAL from the Circuit Court of Stephenson county.
Mr. SMITH D. ATKIN, for the appellant.
Messrs. BARTON & BARNUM, for the appellee.
This is an appeal from an order of confirmation of a guardian's sale of real estate, where appellant was the purchaser.
The sole question is, whether the notice given by the guardian of his intended application for leave to sell the real estate, was published for a sufficient length of time. The requirement of the statute is this: “Notice of such application shall be given to all persons concerned, by publication in some newspaper published in the county where the application is made, at least once each week for three successive weeks, or by setting up written or printed notices in three of the most public places in the county, at least three weeks before the session of the court at which such application shall be made.”
The notice given by the guardian was, by publication in the Freeport Journal, a weekly newspaper, stating that on the third Monday of November, A. D. 1872, he would apply, etc.
The notice, as appears by the certificate of the publisher of the paper, was published in every issue of the paper, commencing October 23, 1872, and ending November 13, 1872. It was then published October 23d and 30th, and November 6th and 13th. The court sitting on the third Monday of November, convened on the 18th of that month.
Appellant's counsel contends, that if the notice is given by publication in a newspaper, the three successive weeks of such publication must be completed, at least three weeks before the session of the court at which the application is to be made; that is, that three weeks must intervene the third publication and the session of the court.
We look upon this as a forced and unnatural construction of the language of the act.
Two ways are provided of giving the notice:
First. It may be given by publishing in some newspaper, etc., “at least once each week for three successive weeks.”
Second. It may be given by setting up written or printed notices, etc., “at least three weeks before the session of the court,” etc.
The plain reading of the section seems to us to be, that all that is required where the notice is by publication is, that it should be at least once each week for three successive weeks; and that the clause,...
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