Volume 11 — Illinois Reports

Elijah Fairlee was indicted for the murder of Perry Herrill, in the Johnson county Circuit Court. A change of venue was allowed to Pulaski county. At the special term of Pulaski county Circuit Court, held in November, 1848, after a motion to quash the indictment had been overruled, the case came on for trial before Denning, Judge, and a jury.

Debt on bond brought in the name of The People to use of Hoke, guardian, &c., against Ammons, who was one of the sureties upon a guardian’s bond. The case came on to be heard at May terra, 1849, before Underwood, Judge, and a judgment was rendered for plaintiff for $109 40. Appeal by defendant.

This was an action for libel by I-Iazell against Shelby. Shelby pleaded the statute of limitations, that he was not guilty, within one year of the time of the commencement of the suit. To which plea there was general demurrer, and joinder. The demurrer was overruled at May term, 1849. Oase was heard before Denning, Judge. The defendant in the Circuit Court sued out this writ of error. The error assigned, was the sustaining of the demurrer to the plea.

This was an action originally commenced before a justice of .the peace, by the plaintiff in error against the defendant in error, to recover the value of an improvement on Congress land. A jury was impanneled before the justice, who found a verdict for the plaintiff for twenty-four dollars and costs of suit. The defendant took an appeal to the Circuit Court of Massac county.

This was an action of debt on account &c.; pleas nil debet and payment. The cause came on to be heard at May term, 1848, before Denning, Judge, and a jury. Verdict and judgment for plaintiff for $175 40. Motion for a new trial denied, and defendant Gordon appealed. Plaintiff below proved his account filed, being for goods, wares and merchandize.

<p>Jlppeal from Franklin.</p> <p>The presumption in the Supreme Court is, that the clerk of the circuit was satisfied of the right of the attorney to use the name of the appellant, to an appeal bond,, before he accepted such bond.</p> <p>The authority'of an attorney to execute an appeal bond, will only be enquired into when it is questioned by affidavit.</p>

This was an action of trespass, for assault and battery, by Kelley against Ayres. Heard at the September term, 1849, before Denoting, Judge, and a jury. Verdict and judgment for plaintiff for $33 33. The defendant appealed. The defendant filed two pleas—1st, not guilty; 2d, son assault demesne. Before the trial of the cause defendant moved the Court for leave to withdraw his plea of not guilty, which was denied by the Court. The denial of this motion is assigned for error.

This was an action of ejectment, commenced at May term, 1845, by Gaty and others vs. Bagaw. The first trial resulted in a verdict for plaintiffs, and a judgment. . The defendant, under the statute, set the judgment aside. There was a second trial at the May term, 1846, which resulted in a verdict for the defendant. The plaintiffs, under the statute, set aside the verdict, and a new trial was had at the April term, 1848, which resulted in a verdict for plaintiffs.

This was an action to recover penalties for cutting timber, brought by Edwards against Hill. Heard at April term, 1848, before Joseph Gillespie, esq., presiding by consent, in place of Kcerner, Judge, interested in the case, and a jury. Verdict and judgment for defendant, and an appeal by the plaintiff.

Bill in chancery by Harris against Hoare. Heard at October term, 1849, by Harlan, Judge, on pleadings and proofs. A decree was entered for complainant, to be relieved from which decree, Hoare sued out this writ of error. The facts of the case are sufficiently stated in the opinion.

This was a hill in chancery, in the Madison county Circuit Court, to foreclose a mortgage filed by Payson against Adams, which came on to be heard before Kcerner, Judge, at the August term, A. D. 1848, and a decree of foreclosure was allowed. The facts of the case, and the errors complained of, will be sufficiently stated in the opinion.

This was an action of debt by Babcock et al. against Burgwin and Smithpeter. Heard before Denning, Judge, at August term, 1848, and judgment was rendered for the plaintiff in the Court below. The defendants in that Court sue out the writ of error. The facts in the case are sufficiently stated in the opinion of the Court.

Bill in chancery in the Massac Circuit Court, brought by plaintiff in error against defendant in error. Heard on demurrer to bill at May term, 1849, before Denning, Judge. Demurrer sustained, and bill dismissed. To correct this judgment the writ of error was sent to the Circuit Court. The facts of the case are stated in the opinion.

This was an action on the case on an express warranty, brought by Scott against Ender, in the St. Clair Circuit Court. Heard at April term, 1849, before Underwood, Judge, and a jury. A verdict was found for plaintiff for $15 00. A motion for a new trial was made and overruled, and judgment was rendered for plaintiff. The defendant sued out a writ of error.

This was an action of trespass for shooting a horse, brought by Silkwood against Young, before a justice of the peace, where plaintiff had judgment for $45 00. From this judgment Young appealed to the Circuit Court. The trial in the Circuit Court came on before Underwood, Judge, and a jury, at the April term, 1849. Verdict and judgment for Silkwood, for the same sum. Motion for new trial was denied, and Young took an appeal to the Supreme Court.

This was an action of debt, brought by Adams for the use of Ogleby, upon five sealed promissory notes, executed by one John W. Roach and the plaintiff in error. Four of these notes were made payable to Nathan Adams, guardian for the minor heirs of James Blair, deceased, and one to Nathan Adams simply. The cause was tried by a jury, at August term, 1848, before Denning, Judge.

The appellee, complainant in the Jersey Circuit Court, at the May term, 1848, filed her bill for a divorce, on account of extreme and repeated cruelty on the part of her husband.

The defendant in error entered his motion to quash or abate the writ of error in this cause, and to dismiss it from this Court; assigning for reasons: 1. That the writ of error issued in the name of William W. Goforth, as administrator of Curtiss Haile, deceased, whereas the transcript of the record on file shows William G. Goforth to be the plaintiff and administrator of Curtiss Haile, deceased, and not William W. Goforth. 2.

This was an action in debt, brought in the Cass Circuit Court, by appellee against appellant, on a note dated May 11, 1837, to which action the defendant below pleaded that the cause of action set forth in the declaration accrued more than five years before the commencement of this suit, to wit, on the 11th day of May, A. D. 1838 ; to which plea plaintiff interposed a demurrer; to this there was a joinder.

Mullen commenced this action in the Sangamon county Circuit Court, by capias, causing O’Conner to be held to bail, and filed his declaration in debt. On the 20th day of March, at the March term, 1846, the defendant, O’Conner, being in default, a a writ of inquiry was awarded, and the jury assessed the plaintiff’s damages at two hundred dollars.

On the seventh day of July, A. D. 1849, Murray McConnel filed his hill of complaint in the Pike Circuit Court, representing that one Mark W. Delahay, on the 18th of September, 1839, purchased of John Manchester the property known as the Naples ferry, together with certain lands described in the bill, which were conveyed to him by deed, duly acknowledged &c., for $9,000.

This was an action of covenant instituted in the Adams Circuit Court, by the defendant in error against the plaintiff in error, upon a sealed agreement of the parties, in substance as follows, viz1: “That the said Thomas Durrell agrees to raft at Hill’s mill, on the Wisconsin river, 110,000 feet of pine lumber,which belongs to said William Dickhut and Robert Bennison, and to deliver said raft, in good order, on the wharf at the city of Quincy, as soon as the same can be…

Bill in Chancery.—Upon the 17th day of May, A. D. 1849, the complainant filed his bill in the Jersey county Circuit Court, averring, that, on the 27th day of May, 1836, he made a contract (which is made an exhibit, marked u A35) with the defendants, for the purchase of certain real estate in the town of Grafton; that, at the time said contract was made, the spirit of wild speculation was at its zenith, and prices of real estate were ruinously high; that, at the time the…

This was an action originally commenced before a justice of the peace. The garnishee appeared before the justice and answered. An appeal was taken to the Circuit Court. The cause came on to be heard at the September term, 1849, before Min-shall, Judge.

This was an action for a forcible detainer, from Madison county.

This was an action of ejectment, returned at the March term, 1841, of Schuyler Circuit Court, by Scripps, the defendant in error, against Kruse, averring that he was possessed of the southeast quarter of section numbered twenty-eight, in township numbered two north, of range number one, west of the fourth principal meridian 5 and the north-west quarter of number thirty-two, in township number three north, of range numbered one west of the aforesaid meridian, with all the…

On the second day of December, A. D. 1847, Peter Lott and Joseph Arters filed their bill in chancery, in the Madison Circuit Court, complaining that, on or about the 17th day of April, A. D. 1841, Fitzroy Sommerville, or, as he sometimes styled himself, John Vyvian Fitzroy Sommerville, and one Mary Turn-hull Milburn, contemplated intermarriage; that said Sommerville, in order to induce Mary to marry him, represented himself as a person of wealth, and also as the sole…

This was an action upon a hail bond, returned into the Sangamon county Circuit Court, at November term, 1848. The return of the summons showed service upon Boyd, and that O’Conner was not found.

This was a suit originally commenced by the plaintiffs in error against the defendant in error, before a justice of the peace, in Hancock county. The plaintiffs recovered a judgment, and the defendant took an. appeal to the Circuit Court.

An indictment for larceny was found against Barrows at the March term, 1849, of the Madison Circuit Court. Barrows pleaded not guilty, and entered his motion for a change of venue; having given the prosecuting attorney written notice of his intention to make such motion. Notice of the application was given the day prior to the making of the motion, and the day on which the petition was verified.

This was an action of ejectment, brought by Margaret B. Lane, to recover the possession of lot six, in block three, in the city of Alton. The cause was submitted to the Court upon an agreed state of facts. The Court, Underwood, Judge, at the March term, 1849, found the defendants guilty, and that the plaintiff was entitled to an estate in fee simple to the lot in question. A motion for a new trial was made, and overruled.

The defendants in error brought, their action in debt, at the March term, 1849, of the Morgan county Circuit Court, upon a judgment theretofore obtained in the said Court, for the sum of six hundred and eighty-four dollars and eight Gents, against the plaintiff in error. To this action Simms pleaded payment and satisfaction of said judgment.

This was an action of debt, brought in the Morgan county Circuit Court, by Crooks against Gordon.

This was an action of assumpsit, brought on a promissory note, executed by West to Condrey, for $139 75. To the action defendant pleaded: 1. Non-assumpsit, on which issue was joined. 2. That the note was made without any consideration whatever; which 2d plea was withdrawn by the defendant. 3.

This was an action of assumpsit, brought by Chadsey against Harrison, in the Schuyler Circuit Court, and a trial was had at the March term, A. D. 1848, before the Mr. Justice Purple, and a jury, when a verdict was rendered in favor of the defendant, for $ 150 08i The declaration contained three counts: the first a special one, and the others general indebetatus assumpsit counts.

This is a hill in chancery, alleging that some time in the spring of the year 1835, Luther Woodward, one of the complainants, in company with one Levi Woodward, came to La Salle county, and became acquainted with William Seely, one of the respondents.

<p>On motion to dismiss appeal.</p>

This action was commenced March 7th, 1849. The form of the action was debt. The cause of the action was a contract made March 6th, 1848, between Hosford and The County of Pike, by which Hosford agreed to build a bridge for Pike county. In consideration of which, the county agreed to pay Hos-ford $779, when the bridge should be completed and received by the county; which was to be on or before the first of January, 1849.

This was an action of assumpsit, brought by Denman, the plaintiff in error, against Bloomer, defendant in error, to recover money paid by Denman to Bloomer, agent. Plea, non-assumpsit. The plaintiff proved that, in July, 1848, a man named Johnson, came down the Mississippi river to Quincy, where Denman lived, with a raft of lumber.

Bill in chancery, to enjoin a suit at law, to compel a specific performance, &c., filed in the Scott county Circuit Court, by the appellant against the appellees, and heard before Woodson, Judge.

This was a proceeding hy mandamus in the Pike county Circuit Court, instituted hy the relator against the county commissioners of that county, to compel the payment to him of the sum of one hundred and twenty-five dollars, and interest, which had been originally appropriated by the Legislature to the county, and by a subsequent law set apart for the improvement of the navigation of McKee’s creek, in said county, to be expended by,, the relator.

This is an action of debt, brought against plaintiffs in error, apon a judgment rendered against them as administrator and administratrix of said William Allington, deceased, in the Court of Common Pleas of Warren county, Ohio. The judgment was against them, de bonis testatoris. To which the defendants below pleaded several pleas. 1.

This action was commenced by attachment. The first four counts in the declaration were special, and founded upon the following instrument of writing: “ St. Louis, Petty 5th, 1848. u I. G. Israel, esq. “ Dear Sir : In accordance with your request, we herein state, that according to our understanding with you, when we purchased your property, known as St. Louis, Ill., we will pay for the boiler purchased by you, for your saw mill, and not yet paid for by you, with the…

The agreed case, shows that Collins and Kellogg, as also Gordon and Rucker, sued out attachments against one Carlisle, refumable to the September term, 1849, of the Morgan county Circuit Court; which attachments were levied upon real and personal estate, and under them debts were also garnisheed.

This was an action of assumpsit, brought by Baker against Furness, in the Adams Circuit Court, upon a promissory note. payable to one Silas Ramsey, and by him endorsed to the plaintiff, and was tried at the October term, A. D. 1847, before Purple, Judge, without the intervention of a jury. The pleadings in the cause are quite voluminous, and such parts of them only will be recited as are necessary to present the merits of the case as decided by this Court.

This was a suit in chancery, filed February 24,1848. The bill charges that on the 30th day of August, A. D. 1845, the sheriff of Logan county sold Wright’s lands to one Samuel Hill, for the sum of $353 27, being the amount of principal, interest and cost due on a judgment and execution in favor of said Hill against said Wright.

This was a bill filed in the Sangamon Circuit Court, to enforce a conveyance of the Quincy House to the complainants. The state of Illinois was the owner of the Quincy House property, in Quincy, Adams county. An act authorizing the sale of this property, was passed February 12, 1849. See laws of 1848-9, p. 107.

This was an ejectment, to recover the east half of the southeast quarter of section thirty-one, township five south, range four west, brought by David Rogers, the defendant in error, against Robert McClintock, the plaintiff in error, and tried before Mr. Justice Purple, without the intervention of a jury, at the April term, 1848, of the Pike Circuit Court. The declaration being filed, the defendant pleaded the general issue, upon which issue was joined.

This is a bill in chancery, filed in the Madison Circuit Court on the 7th March, 1844, to set aside and cancel a certain deed of conveyance of two sections of land, situate in that county, of the date of January 31, 1824, from John Rice Jones to his sons, George W. Jones and William P. Jones.

This was a bill filed by complainant, McCance, in which he alleged, that in the year 1839 himself and family settled and made his residence on the north-west fractional quarter of section eleven, in township seven north, range eight west, containing one hundred and fifty acres; that he had a valid right of pre-emption to said land; that on the 23d day of September, 1841, he proved his right of pre-emption before the register and receiver at Quincy, Illinois, and that the…

Elijah McVickers brought his action in the Cass Circuit Court, fey petition and summons, upon two promissory notes, for $300, given by Davis, the appellant, to him.

This was an indictment against Jerry Lequat, in the Rock Island Circuit Court. Tried before Browne, Justice, and a jury, at May term, 1847.

Hempstead Thornton, a negro, presented his petition to this Court, representing that he was illegally restrained of his liberty, upon which a writ of habeas corpus was forthwith issued, made returnable instanter.

At the August term, 1849, of the Logan Circuit Court, the plaintiffs filed their declaration in assumpsit, containing two general counts: one for money lent and advanced, and paid out and expended, and the other for money had and received by defendant, for the use of plaintiffs. To this declaration, the defendant filed the plea of the general issue, to which there was a joinder.

This was a bill in chancery, filed for the use of the creditors of Louis Riter, alias Rider, deceased, against the defendants, as sureties of William Parker, who was appointed and qualified by the Probate Court of Morgan county, administrator, with the will annexed, of said deceased, in September, 1838, for the settlement of said estate. The administration bond being the foundation of the suit; breaches of its condition being alleged.

In April, 1846, the Wellmans, appellees in this cause, recovered a judgment in the Circuit Court of Tazewell county, against F. Pearl, one of the appellants, from which judgment an appeal was allowed, and a bond entered into by Pearl, with Holland, the other appellant in the present cause, as his surety. At the December term, 1846, of the Supreme Court, the judgment of the Circuit Court was reversed.

This was a bill filed in the Pike Circuit Court, in February, 1848, by appellant, against the appellees, to obtain a decree for the foreclosure of certain mortgaged premises. The mortgage was executed to appellant on 26th March, 1842, and acknowledged by Morrison and wife on the same day. After the execution of the mortgage, Morrison conveyed the mortgaged premises to Butler, the other appellee, on the 30th day of June, 1843.

The merits of this suit in chancery are sufficiently stated in the opinion. The decree appealed from was a pro forma decree, entered at October term, 1849, by Woodson, Judge.

This was a petition, filed by the appellee, on the 23d of March, 1847, in the Adams Circuit Court, setting forth her marriage with Daniel Harrison, and his decease; that during said marriage, her husband was the owner in fee simple of divers parcels of real estate, describing it.

This was a suit commenced by the appellee before the Court of Probate of Pike county, against the appellant, to recover twenty-five dollars, claimed as a fee, for prosecuting a suit, in the name of Hopestill Ross, as executrix of Henry J. Ross, deceased, against certain parties by the name of Tucker and Sealey.

On the 14th October, 1848, John B. Moffett filed in the office of the clerk of Sangamon county Circuit Court, his bill in chancery against Thomas Lewis and Willis H. Johnson, in which it was alleged, that on the 1st February, 1848, said Lewis, Johnson and the complainant entered into written articles of copartnership, as follows : “Articles of copartnership entered into this day between Thomas Lewis and Willis H. Johnson, and John B. Moffett, all of the city of Springfield,…

This was an action in ejectment, by the plaintiff in error, to recover the north-west quarter of section twenty-eight, in township four, range six, west of the fourth principal meridian, situate in the county of Pike. The action was commenced by service of declaration and notice, on the 18th of January, 1848.

This was an action in debt upon an appeal bond, given before a justice of the peace, brought by Whitaker against Smith, in the Hancock Circuit Court. The declaration recited the bond at length.

This was an ejectment, brought by Hinman against Curry, in the Schuyler Circuit Court, for the recovery of the south-west quarter section twenty-seven, town, two north, range one, west of the fourth principal meridian, and tried before Mr. Justice Purple, and a jury, at the August term, A. D. 1847, when a verdict was found in favor of the defendant in error, and a judgment rendered thereon.

This was an action of ejectment, brought in the Adams Circuit Court, to recover from Graves the possession of the northeast quarter of section number thirteen, in township one south of the base line, in range seven west of the fourth principal meridian. The defendant, in his plea of the general issue, admitted the possession of the premises, and waived all proof in relation thereto. The case was submitted to the Court for trial, without the intervention of a jury.

This was an action of debt, brought by defendant in error under the statute to recover penalties for cutting trees. The defendant below admitted the cutting and carrying away of the trees at the time and place mentioned in the declaration, and the only question contested was, whether the plaintiff below had a good title in fee simple to the land on which the timber was cut.

This was an action in ejectment, submitted to the Judge of the Henderson Circuit Court, upon the following agreed state of facts : The action was brought to recover lot fourteen and the east hálf of lot fifteen, in block sixty-eight, in the town of Oquawka, in said county.

This was an action of debt, brought by the defendants in error against Austin, on a guardian’s bond. The penalty of the bond, as described in the declaration, was $600. The cause was heard at the May term, 1845, of the Edgar Circuit Court. The jury found the defendant guilty,' and assessed the plaintiffs’ damages at $636 47. The plaintiffs, at that term, remitted $36 47, and judgment was rendered for $600 debt, and $600 damages. The damages laid in the declaration were $500.

This was an action of ejectment, brought in the Madison Circuit Court, to recover the south fractional half section thirty-three, in township five north, range nine west, of said county. The cause was heard before Underwood, Judge, and a jury, at August term, 1849, of said Court.

The defendant, Hull, was summoned to answer Robert Schuyler et al., in an action of ejectment, returned to the April term, 1846, of the Pike Circuit Court, brought to recover the possession of the south-east quarter of section thirty-two, in township number four, south of the base line, and in range six, west of the fourth principal meridian, which they claimed to own in fee. A plea of not guilty was interposed.

This was an action brought by the defendants in error to recover of the plaintiffs in error the amount of certain bank hills, issued by the latter, being an insolvent hanking corporation, in New Jersey. The cause came on to he heard before H. T. Dickey, Judge of the Cook County Court, and a jury, at May term, 1849, and a verdict found and judgment rendered for plaintiffs below, for the sum of $ 8,017.

Humphreys sued out an attachment against Matthews, returnable into the Cook Circuit Court, upon an affidavit, in substance, as follows : That in the year 1846 the plaintiff and defendant purchased 3,682 bushels of wheat, on joint account. That said wheat was sent to Oswego, in the state of New York, by agreement, and was there received by the defendant, upon an agreement with plaintiff that said defendant would have the wheat ground and turned into flour.

The plaintiff in error commenced an action of assumpsit in the Kane Circuit Court, to recover $ 150, and sent his process to the sheriff of DeKalb county to execute, which was returned served on the defendant in error. Judgment by default was entered against the defendant, at the April term of the Kane Circuit Court, for the amount claimed.

This was a petition for a peremptory mandamus, filed by the appellants, to the end that the county judge of Woodford county, and his associate justices and their clerk, might be commanded to make and transmit an abstract of the votes, &c., of that county, to the Auditor of state, and that notices, &c., be given, designating a suitable time and place for holding an election in each of the towns of said county, for the purpose of organizing the same, &c. The appellees, on…

This was an action of trespass, for assault and battery, brought by the appellee against the appellant, and heard before •Sheldon, Judge, and a jury, at March term, 1850, and a verdict and judgment for $500. The defendant below (Bloomer,) prayed the appeal.

This was an action of ejectment, brought by appellant to recover thirty-five acres of the west half of the south-east quarter of section two, in town thirty-nine north, range twelve, in Cook county: described by metes and bounds. The cause came on to be heard at the May term of the Cook County Court, in the year 1848, before Hugh T. Dickey, Judge, and a jury. A verdict was found for the defendant. Both parties adduced title from the same source, to wit, George E. Walker.

The above causes were submitted upon precisely similar questions.

<p>Where an attorney sues out a writ of error, without the authority of the parties named as plaintiffs iii the writ, the process will be dismissed at his costs.</p>

This was an action of debt, commenced by the appellee, in the Jo Daviess Circuit Court, against the appellantand one Rudsell. Appellant moved to dismiss the cause in the Circuit Court, upon the agreed state of facts, hereafter set forth ; which motion was denied by the Court, Sheldon, Judge, presiding, at March term, 1849. Upon which appellant was ruled to plead, which he did, and the cause proceeded to a hearing, and judgment was rendered for the appellee.

This was an action of trespass, tried before a justice of the peace of Rock Island county, and taken by appeal to the Circuit Court. On the trial in the Circuit Court, Andrews, who was plaintiff below, proved that Guyer took certain personal property from him, and proved its value.

This was an action of trespass for an assault and battery, brought in the Kane Circuit Court, by Ambrose against Root and several others. The defendants pleaded not guilty, and several pleas in bar.

This was an action commenced by appellant against appellee, before a justice of the peace in Jo Daviess county. A judgment was obtained before the justice of the peace by appellant, for fifteen dollars. An appeal was prayed by appellee to the Jo Daviess County Court. On motion of appellee, Hugh T. Dickey, Judge, presiding, the Court dismissed the appeal, for the want of jurisdiction in the justice of the peace.

This was a hill in chancery, filed in the Jo Daviess County-Court, by the creditors of Carson & Games, against them and Artemas L. Holmes, praying that an assignment made by them to Holmes of their goods, &c., for the benefit of their creditors, should be set aside, as fraudulent and void, and that Holmes should be decreed to pay over to all the creditors of Carson & Games, pro rata, all of the moneys received by him from the property assigned, and for general relief.

This was an action commenced by a writ of foreign attachment against Webster, by tbe plaintiffs in error, and returned into the Jo Daviess Circuit Court. Several parties were served as garnishees. Interrogatories were filed against one of the garnishees, and judgment was rendered against him in favor of the plaintiffs, for the sum of one thousand eight hundred and thirty-six dollars and eighty-six cents, subject, however, to the order of the Court rendered on the same day.

This was an action of ejectment brought by the defendants in error against the plaintiff, to recover the possession of lot seventy-five, on Water street, on the prairie, in the city of Galena. The action was in the usual form, and the plea not guilty. The cause was submitted to the Court, Sheldon, Judge, presiding, at May term, 1850, when a verdict was found for the defendants. Both parties claimed title to the premises in question, through one John J. Cruikshank.

This was a proceeding under the landlord and tenant act, commenced in the Jo Daviess Circuit Court, wherein Gray filed his distress warrant against Rawson, to recover seven months’ rent then due said Gray, for premises in the possession of said Rawson and two others, hut which had been demised by said Gray to Charles H. Wheeler, by written lease, under whom said Rawson and the others held possession of said premises.

This was an action of trespass de bonis asjjortatis, brought by Throckmorton against Brown and others, to recover the value of certain rails, which had been cut upon land to which Brown claimed a pre-emption, but to which he did not acquire any title from the government until after the rails had been made.

This was an action of ejectment, commenced in the Jo Daviess County Court, to recover lot number forty-three, in the city of Galena. The cause was submitted to the Judge, Hugh T. Dickey, for trial, without the intervention of a jury; and verdict and judgment were entered for the defendant below, the defendant in error here. Several errors were assigned; but as one only is noticed in the opinion, the others will be disregarded.

This was a bill in chancery, filed by Switzer and others against the appellants, to set aside certain conveyances and mortgages, made, as is alleged, in fraud of creditors. At the December term, 1849, of the Winnebago Circuit Court, the cause came on to be heard, before Henderson, Judge, who decreed in favor of the appellees, complainants against the appellants.

This was an action of replevin, commenced in the Circuit Court of Livingston county, which was submitted to a jury, who found a verdict for the plaintiff, on all the issues joined. Thereupon, the defendant below prayed an appeal to this Court; which was allowed. The plaintiff below and appellee here filed a copy of the transcript, and moved the Court for a dismissal of the appeal ; which was allowed by the Court.

On the twentieth day of October, 1849, the appellant shed out of the Cook County Court a writ of attachment against said Steam Tug Indiana; which was executed on that day.

This was a plea of release of errors, filed by C. Ballance, as attorney for the defendant in error.

The recognizance sets out that William H. Graves, of the county of Du Page, and Jesse Graves and David Root, personally appeared before two justices of the peace of the county of Kane, and entered into a recognizance, conditioned that the said William H. Graves should appear at the next term of the Kane Circuit Court, &c. The recognizance is signed W. H. Graves.

This was an action of debt, brought before a justice of the peace, upon a judgment confessed by the defendant before another justice of the peace. The plaintiff succeeded, and the defendant took an appeal to the special term of the Kendall Circuit Court, held in November, 1849, Spring, Judge, presiding. The cause was submitted to the Court for trial, without the intervention of a jury 5 and the judgment was affirmed.

The facts involved in this suit are set out in the following agreed case: “ This was a judgment originally rendered by a justice of the peace, on 2d July, 1849, and appealed to the Circuit Court of Lee county, on the 21st day of July following.

This was an action in ejectment, by notice and declaration, in the usual form, brought in the Peoria Circuit Court, by appellee against the appellant, to recover the possession of lot number eight, in block number twenty, in the town of Peoria. The cause was heard at the June term, 1848, before a jury, Catón, Justice, presiding; when a verdict and judgment were rendered for the appellee. A motion for a new trial was overruled.

This was an action of assumpsit, heard before Mr. Justice Catón and a jury, at June term, 1848, of the Peoria Circuit Court, and judgment was rendered for defendants in error for the sum of $ 131 04. The defendant below brings the case to this Court, and assigns for error that the Circuit Court erred in rendering judgment while there was an issue of law pending in said cause.

This was a trial of right of property, upon a seizure upon an execution from a justice of the peace. The judgment and finding before the justice were for the plaintiff in execution and present plaintiff in error. The claimant of the property prayed an appeal; and upon a trial of the cause in the Circuit Court, the jury found that a part of the property belonged to the claimant.

This was a proceeding by quo warranto, instituted against the appellant, in the McHenry Circuit Court, on the relation of Bush, charging that appellant had usurped the office of sheriff of McHenry county, and enjoyed the privileges' and franchises thereofassigning as special cause, that he had omitted, when taking the oath of office, to take the anti-duelling oath prescribed by the constitution.

This was an appeal taken by the trustees of the canal from an order of the Will Circuit Court, approving an assessment of damages in favor of the appellees, occasioned by diverting the water of the Des Plaines river from their mill, and applying it to the uses of the canal. The assessment was made in pursuance of an agreed case, which will be found in the opinion of this Court, in a case between the same parties, reported in 5th Gil-man, commencing at page 548.

This was an action of assumpsit, brought by Ankeny against McGoon, in the Jo Daviess Circuit Court, to recover the value of a quantity of slag, of which Ankeny claimed to be the owner. The suit was taken by change of venue to Stephenson county, where it was tried, before Sheldon, Judge, and a jury, at a special term, in October, 1849, when a verdict was found for the plaintiff, Ankeny, for the sum of $ 523 60.

The substance and object of the bill filed in this case, are sufficiently stated in the opinion of the Court. The decree was taken pro confesso, at the May term, 1848, of the Peoria Circuit Court.

This cause was heard before Hugh T. Dickey, Judge, and a jury, at a special term of the Kane Circuit Court. The action was in debt. The jury, in their verdict, found for the plaintiff $281 81; and the judgment thereon was, “ that the plaintiff have judgment against the defendant for said sum of two hundred and eighty-one dollars and eighty -one cents, together with his costs herein.” The defendant below sued out this writ of error.

This agreed case shows, that two actions were brought by Thompson against Buckner, on the same day, and returnable before a justice of the peace on the same day. One of the cases was called, and Buckner pleaded payment and an off-set. The justice rendered judgment for Buckner for costs. The other suit was then called; when Buckner pleaded the former suit in bar of this. Thompson prayed an appeal to the Circuit Court of McHenry, in both suits.

This was a proceeding in chancery, commenced by the plaintiff in error, in the Bureau Circuit Court. The cause was submitted to Catón, Justice, at the May term, 1849, upon bill, answer and depositions; whereupon, the bill was dismissed. The complainant below sued out this writ of error. All the facts necessary to a full understanding of the case, are presented in the opinion.

This action was commenced before a justice of the peace by Child against Bassett. Child there recovered a judgment for $ 13 13, and took an appeal to the Circuit Court. At the November term, 1849, of the La Salle Circuit Court, Spring, Judge, presiding, the cause was heard before a jury, and a verdict and judgment rendered for Child, for $ 50 10. Bassett prayed this appeal. The action was founded on two contracts.

This was an action of trespass de bonis asportatisbrought' by the plaintiffs against the defendant in error, in the Bureau-Circuit Court. The declaration alleged that the defendant, on. the 15th day of March, 1847, took and carried away goods and chattels, &c., the property of the plaintiffs, of the value of one-thousand dollars, &c. The defendant pleaded not guilty, and a special plea, which-is substantially set out in the opinion of the Court.

This was an action of debt, brought by the appellee, as administrator of Lyman Lamb, deceased, in the Ogle Circuit Court. The appellant in the Court below pleaded in abatement to the writ, craved oyer of the writ, and set it out in his plea. The grounds of the plea in abatement are stated in the opinion of the Court. The appellant filed with his plea in abatement a plea in bar, setting forth a partial failure of consideration of the note upon which the action was found.

This was an appeal from a justice of the peace to the Kendall Circuit Court. A judgment was rendered against the plaintiff and appellant here, before the justice of the peace, and he took the appeal. At a special term of the Circuit Court for Kendall county, held in November term, 1849, Spring, Judge, presiding, the cause was submitted to him for trial; when a judgment was rendered for the defendants. The plaintiff introduced the note, with the indorsements, in evidence.

This cause was heard at the February term, 1850, before Spring, Judge, and a jury. The facts of the case are fully stated in the opinion of the Court.

Ellis brought an action before a justice of the peace against Cornelia, for $ 41 66, in trespass, for taking a horse and harness. Cornelia admitted the taking, and justified under an exetion in favor of Condey against Ellis. Ellis claimed the property to be exempt from seizure. The justice gave judgment in favor of Ellis for the whole amount claimed—$41 66. Cornelia appealed to the Circuit Court of Kane county.

This was an action on the case, for obstructing a water course and causing the water to flow back upon the mill of appellee, brought by him against the appellants, which was heard before Henderson, Judge, and a jury, at April term, 1850, in the McHenry Circuit Court; and a verdict and judgment for appellant, for the sum of $ 835 20. The defendants in the Court below appealed to this Court, and assigned several errors.

This suit was originally commenced before a justice of the peace of Kane county, on the 2d day of October, 1849. The summons issued b]r the justice, commanded the constable to summon the defendant to answer the complaint of S. M. More and 38. Connelly, for the use of William Fordham. There was no appearance by the defendant before the justice.

This was an action brought before a justice of the peace, upon a promissory note, given by the appellee to Griswold, or bearer, for $ 22 07, dated Lodi, February 4th, 1834. The appellant in this Court was defeated before the justice, and appealed to the Circuit Court of Du Page county.

This cause was heard at the May term, 1850, of the Cook Circuit Court, before H. T. Dickey, Judge. The facts of the case are sufficiently set forth in the opinion of the Court.

This was an appeal from a judgment rendered by a justice of the peace, to the Circuit Court of Kendall county. The cause was heard in the Circuit Court, before Catón, Justice, who rendered a judgment for the present defendants, for $ 38 78. The points presented by the assignment of errors, are stated in the opinion of the Court, which contains all the facts necessary to a full understanding of the case. The defendant below brings the cause to this Court.

This was an action of trover, for a promissory note, commenced by appellees against appellant, before a justice of the peace. The note was executed by J. V. A. Hoes to the appellees, for $ 75, payable 27th February, 1850. The justice rendered a judgment in favor of the appellees, and the appellant took the case to'the Circuit Court.

This cause was heard and decided hy Catón, Judge, at the April term, 1847. The facts of the case will appear in the opinion of the Court.

This was an action of trespass de bonis asportatis, brought by the appellee, in the Cook County Court of Common Pleas. The appellant pleaded the general issue, and gave notice therewith of his defence. The appellant justified the taking of the property, by virtue of an attachment and an execution, issued against Miller and Clements, and that the sale of the goods from them to the appellee was fraudulent and void.

Mann brought suit in the La Salle Circuit Court against Green, as administrator of William Stadden, alleging that by a certain agreement, in writing, between himself and Stadden, on the 22d August, 1844, Stadden rented to Mann his flouring mill, for the term of three years, Stadden binding himself to put into operation two more runs of stones, with the necessary machinery, for manufacturing flour, with a holt for country work or middlings, within the first year—the work to…

This was an action of replevin, brought by the appellee in the Court of Common Pleas for Cook county, to recover certain chattels, which had been levied upon by the appellant, who was sheriff of Cook county, as being the chattels of one Allen Porter, by virtue of a certain execution, issued out of said Court.

This was an action originally commenced before a justice of the peace, in Bureau county, to recover a penalty of the appellant, for permitting hogs to run at large. There was no indorsement of the amount claimed on the back of the summons. In the Circuit Court, the appellee recovered a judgment against the appellant for ninety dollars, who, thereupon, prayed this appeal.

This was a judgment, entered by confession, in the Court of Common Pleas for Cook county, at the May term, 1849, Spring, Judge, presiding. At the same term, the appellee, defendant below, entered his motion to set aside the judgment, and filed his affidavit, in support of his motion—the ground of which was, that the note upon which the judgment was rendered, was not due at the time of the rendition of the judgment.

This suit was commenced in the Circuit and taken by change of venue by consent to Jo Daviess County Court. Heard before Hugh T. Dickey, Judge, and a jury, at January term, A. D. 1850. Declaration with three counts.

This was an action of ejectment, in the usual form. Plea of the general issue and similiter. Jury returned a verdict of not guilty, upon the trial of the cause, before Hugh T. Dickey, Judge, at the January term, A. D. 1850, of the Jo Daviess County Court. As will be seen by the opinion, this case presents much the same state of facts, and same points of discussion, as the preceding case between Young et al. vs. Loraine.

This was an action of assumpsit, tried in the Cook County Court of Common Pleas, wherein Almond Walker, the appellee, was plaintiff, and a judgment rendered for $ 1,814. 80, Spring, Judge, presiding. Before the trial, the defendant below, and appellant in this Court, moved for a continuance of the cause, upon his affidavit, setting forth thatE.

This was an action of covenant, brought in the Cook Circuit Court, at the April term, 1841. An alias summons was issued, returnable at the October term of that year, which was served upon two of the defendants, who appeared. The declaration contained eight counts, to each of which demurrers were filed.

This was an action of assumpsit, brought in the Kane Circuit Court, by appellees against appellants, to recover the amount of a promissory note, made payable at the office of Ed. E. Harvey, at Elgin, Kane county, Illinois. Process was issued to the counties of Stephenson and Winnebago, where the defendants below resided and were served.

This was an application by the City of Chicago to the Cook Common Pleas, to have Madison street, in said city, between Wells and State streets, widened. The application was allowed, commissioners were appointed, proofs heard, and report of commissioners was filed. At February term, 1850, Spring, Judge, presiding, after hearing the exceptions to the report, the report was confirmed, and the land necessary to the opening of said street was condemned.

The question presented for the consideration of the Court by the parties was as to the abatement of the suit. The points raised and discussed are fully presented by the opinion of the Court.

This was a bill in chancery, filed by the defendants in error, setting forth that Gerry Bates was indebted to them, by virtue of a judgment obtained against him, in the sum of $ 2,450; that Bates agreed with John L. Hovey, that Hovey should come to Illinois, and, with money to he furnished by Bates, should enter lands and make improvements, for their joint benefit—they being brothers-in-law; that Hovey came, and, with his family, settled at Cottage Hill; that Bates and Hovey…

<p>This was a bill filed by the appellant, in the Stephenson Circuit Court, to compel a specific performance. The cause was heard on bill, answers and proof, by Sheldon, Judge, at the March term, 1850, of that Court, and the bill was dismissed. The appellant, complainant below, brought the cause to this Court, assigning for error the dismissal of the bill. The whole case is sufficiently stated in the opinion of the Court.</p>