Volume 129 — Illinois Appellate Court Reports

Action in case for personal injuries. Appeal from the Circuit Court of Kane county; the Hon. Henry B. Willis, Judge, presiding. Heard in this court at the April term, 1906.

<p>Action in case for personal injuries. Appeal from the Circuit Court of Will county; the Hon. Albert O. Marshall, Judge, presiding. Heard in this court at the April term, 1906.</p>

Action in case for personal injuries. Appeal from the Circuit Court of Will county; the Hon. Albert O. Marshall, Judge, presiding. Heard in this court at the April term, 1906.

<p>1. Servant—when entitled to recover when injured while obeying orders of superior. A servant is entitled to recover where lie is injured while obeying a command of his superior, it not appearing that he was guilty himself of negligence contributing to the injury.</p> <p>2. Fellow-servant ktjle—when instruction as to, erroneous. An instruction upon the subject of fellow-servants is erroneous where it only presents a partial view of the facts upon which such question is to be determined.</p>

Action commenced before justice of the peace. Appeal from the Circuit Court of JoDaviess county; the Hon. Richard S. Fabraxd, Judge, presiding. Heard in this court at the April term, 1906.

<p>Action in case for personal injuries. Appeal from the Circuit Court of Will county; the Hon. Albert O. Marshall, Judge, presiding/ Heard in this court at the April term, 1906.</p>

Action in case for personal injuries. Appeal from the Circuit Court of Will county; the Hon. Albert O. Marshall, Judge, presiding. Heard in this court at the April term, 1906.

Action in case for personal injuries. Appeal from the Circuit Court of Will county; the Hon. Albert O. Marshall, Judge, presiding. Heard in this court at the April term, 1906.

<p>Action in assumpsit. Appeal from the Circuit Court of McHenry county; the Hon. Charles H. Donnelley, Judge, presiding. Heard in this court at the April term, 1906.</p>

<p>Bill in chancery. Appeal from the Circuit Court of Whiteside county; the Hon. Fbank D. Ramsay, Judge, presiding. Heard in this court at the April term, 1906.</p>

<p>1. Statutes—how to he construed. In construing statutes that construction is to be favored which gives effect to every clause and every part of the statute, thus producing a consistent and harmonious whole.</p> <p>2. Statutes—how to he construed. Where there is an irreconcilable conflict between different parts of the same act, the last in order of position must control:</p> <p>3. School dibectobs-—when election for, to he heicl. The time fixed by statute for the general election for directors is on the third Saturday of April; vacancies in the' office of director are to be filled on a Saturday; and section 126 of the School Act, which is the last section in order of position, regarding the election of directors in new districts, provides for the election of directors on any Saturday and limits the “convenient time” to. be fixed by the board under section 88 to “any Saturday.”</p>

Action on the case for death caused by alleged wrongful act. Appeal from the Circuit Court of Carroll county; the Hon. Richard S. Farrand, Judge, presiding. Heard in this court at the April term, 1906.

Action in case for personal injuries. Appeal from the City Court of Aurora; the Hon. John L. Healy, Judge, presiding. Heard in this court at the April term, 1906.

<p>Action in case. Appeal from the Circuit Court of Kankakee county; the Hon. F. L. Hoopeb, Judge, presiding. Heard in this court at the April term, 1906.</p>

<p>/Action ou the case. Appeal from the Circuit Court of Will çl9auty; the HOn. ALEERT 0. MARSHALL, Judge, presiding. Heard this court at the April term, 1906.</p>

<p>Action in case. Appeal from the County Court of Will county; the Hon. Dwight C. Haven, Judge, presiding. Heard in this court at the April term, 1906.</p>

<p>Action of replevin. Appeal from the Circuit Court of DuPage county; the Hon. Lotus C. Ruth, Judge, presiding.</p>

<p>Action in debt. Appeal from the Circuit Court of Will county; the Hon. Dobeance Dibble, Judge, presiding. Heard in this court at the April term, 1906.</p>

Contested claim in court of probate. Appeal from the Circuit Court of Livingston county; the Hon. George W. Patton, Judge, presiding. Heard in this court at the April term, 1906.

Action commenced before justice of the peace. Appeal from the County Court of Lee county;' the Hon. R. H. Scott, Judge, presiding. Heard in this court at the April term, 1906.

<p>1. Leadinq questions—how objections to, should be made. Objections to questions as leading should be specifically made in the trial court; otherwise they cannot be complained of on appeal.</p>

Action in case for personal injuries. Appeal from the Circuit Court of Will county; the Hon. Albert O. Marshall, Judge, presiding. Heard in this court at the October term, 1906.

Action in case for personal injuries. Appeal from the Circuit Court of Will county; the Hon. Albert O. Marshall, Judge, presiding. Heard in this court at the April term, 1906.

<p>Action on the case. Appeal from the Circuit Court of Will county; the Hon. Albert O. Marshall, Judge, presiding. Heard in this court at the April term, 1906.</p>

Action in case for personal injuries. Error to the Circuit Court of DeKalb county; the Hon. Charles A. Bishop, Judge, presiding. Heard in this court at the April term, 1906.

<p>1. Contract—what equivalent to forfeiture of, for sale of lard. A demand of possession preliminary to an action of forcible detainer, made pursuant to a provision contained in a contract of sale, is equivalent to the exercise of an option by the vendor to forfeit the contract and seek to recover possession of the land, as provided in the contract.</p> <p>2. Tendee—when comes too late. A tender of performance comes too late after an election of forfeiture duly made.</p>

<p>1. Instructions—how considered. Instructions are to be considered as a series and the omissions of one may be supplied by the contents of another or others.</p> <p>2. Breach of promise—instructions in action for, to marry, held not prejudicial. A number of instructions pertaining to an action for breach of promise to marry are set forth in this opinion and are held not prejudicial to the plaintiff.</p>

Action on the case for death caused by alleged wrongful act. Error to the Circuit Court of Warren county; the Hon. R. J. Grier, Judge, presiding. Heard in this court at the April term, 1906.

Action on the case for death caused by alleged wrongful act. Error to the Circuit Court of La Salle county; the Hon. Richard M. Sicinnee, Judge, presiding. Heard in this court at the April term, 1906.

Action in case for personal injuries Appeal from the Circuit Court pf Kankakee county; the Hon. F. L. Hoopeb, Judge, presiding. Heard in this court at the April term, 1906.

Action commenced before justice of the peace. Appeal from the Circuit Court of DeKalb county; the Hon. Charles A. Bishop, Judge, presiding. Heard in this court at the April term, 1906.

<p>Action' in case. Appeal from the Circuit Court of DeKalb county; the Hon. Linus C. Ruth, Judge, presiding. Heard in this court at the April term, 1906.</p>

Action on the case for death caused by alleged wrongful act. Appeal from the Circuit Court of Will county; the Hon. Donbascb Dibell, Judge, presiding. Heard in this court at the April term, 1906.

Action in case for personal injuries. Appeal from the Circuit Court of Will county; the Hon. Albert O. Marshall, Judge, presiding. Heard in this court at the April term, 1906.

<p>I. Attorney’s fees—what should he allowed upon dismissal of petition to condemn land. Upon the dismissal of a petition to condemn land, attorney’s fees should be allowed to the several defendants who have employed counsel, for the amount of fees actually paid, if reasonable, or for the amount of fees for which such several defendants have become liable, if reasonable, to the extent of the work proper to be done and actually done up to the time of such dismissal. No fees, however, should be allowed for services rendered in preparation for a trial upon the merits where the dismissal was -ordered before it became necessary to make such preparation.</p>

<p>1. Bill of exceptions—what not office of. It is not part of the office of the hill of exceptions to preserve the pleadings and judgment of the. court below.</p> <p>2. Bill of exceptions—what not office of. It is an improper practice to undertake to use the bill of exceptions for the purpose of preserving exceptions to the ruling of the court upon a demurrer to a declaration.</p>

<p>Bill in chancery. Appeal from the Circuit Court of Will county; the Hon. Dorbance Dibell, Judge, presiding. Heard in this court at the April term, 1906.</p>

<p>Attachment proceeding. Appeal from the County Court of Grundy county; the Hon. George W. Huston, Judge, presiding.</p> <p>Heard in this court at the October term, 1906.</p>

Action commenced before justice of the peace. Appeal from the Circuit Court of Cook county; the Hon. Richard W. Clieeobd, Judge, presiding. Heard in the Branch Appellate Court at the October term, 1905.

<p>1. Real property—what damage to, within meaning of statute. The obstruction of the means of ingress to and egress from private property is damage within the meaning of the Constitution, and an action lies against a municipality which has so injured such property.</p> <p>2. ■ Track elevation;—what evidence competent as tending to show damage to real property hy reason of. Evidence, is competent which tends to show that the plaintiff, in an action for injury to real property by track elevation, has been injured by the increase of dust, smoke and ashes and by interference with bis light and air.</p> <p>3. Track elevation—what proper to he considered as an elem-ent of damage in action for injury hy reason of. A reduction of rental value of the premises in question, if any there was, caused by the elevation of tracks and by the obstruction of the street upon which such property is located, is an element of damage .properly to be taken into consideration.</p> <p>4. Errors—when will not reverse. Errors, though manifest, will not reverse if not prejudicial.</p>

Action in case for personal injuries. Appeal from the Superior Court of Cook county; the Hon. Joseph E. Cast, Judge, presiding. Heard in the Branch Appellate Court at the October term, 1905.

<p>1. Declaration—how advantage of filing of additional counts to, without leave, should he availed of. Where additional counts have been filed to a declaration without leave of court previously obtained, a motion to strike should be made.</p> <p>2. Assumed risk—when doctrine of, does not apply. The doctrine of assumed risk does not apply where the servant performs work outside of his usual duties under the command of his foreman without knowing that he is incurring any special risk.</p>

<p>Partition proceeding. Appeal from the Superior Court of Cook county; the Hon. Theodore Brentano, Judge, presiding. Heard in the Branch Appellate Court at the October term, 1905.</p>

<p>Action on the case for death caused by alleged wrongful act. ' Appeal from the Superior Court of Cook county; the Hon. Joseph E. Gaby, Judge, presiding. Heard in the Branch Appellate Court at the October term, 1905.</p>

Action in case for personal injuries. Appeal from the Circuit Court of Cook county; the Hon. Thomas G. Windes, Judge, presiding. Heard in the Branch Appellate Court at the October term, 1905.

<p>1. Release—when form of, sufficient. No particular form of words is essential to a valid release. Any form of words which ’indicates an intention to discharge the obligation is sufficient.</p> <p>2. Fraternal benefit society—when delivery of benefit certificate operates as a release. . The surrender of a benefit certificate, canceled and marked paid, operates, as a release and discharge of the obligations of the society under the certificate.</p>

Action in case for personal injuries. Appeal from the Superior Court of Cook county; the Hon. Joseph E. Gaby, Judge, presiding. Hoard in the Branch Appellate Court at the October term, 1905.

<p>Action in case for personal injuries. Appeal from the Superior Court of Cook county; the Hon. Joseph. E. Gary, Judge, presiding. Heard in the Branch Appellate Court at the October term, 1905.</p>

Action in case for personal injuries. Appeal from the Superior Court of Cook county; the Hon. Chaeles A. Bishop, Judge, presiding. Heard in this court at the October term, 1905.

<p>Bill for injunction. Error to the Circuit Court of Cook county; the Hon. Edward P. Dunne, Judge, presiding. Heard in this court at the October term, 1905.</p>

Action in case for personal injuries. Appeal from the Circuit Court of Cook county; the Hon. Homes Abbott, Judge, presiding. Heard in this court at the October term, 1905.

<p>Action commenced before justice of the peace. Appeal from the County Court of Cook county; the Hon. Joseph E. Gaby, Judge, presiding. Heard in this court at the October term, 1905.</p>

Action in case for negligence. Appeal from the Superior Court of Cook county; the Hon. Joseph E. Gaby, Judge, presiding. Heard in this court at the October term, 1905.

<p>1. Mechanic’s lien—when claim for lien sufficient. Figures in a date column have a well-defined and universally understood meaning, both commercially and legally, and where the month and the day and the year are so represented in a claim filed for a mechanic’s lien, it will be held sufficient.</p> <p>2. Mechanic’s lien—when interest allowable upon. Interest is allowable upon a mechanic’s lien where the claimants have brought their demand within that section of the interest statute which provides that interest ,may be allowed “on settlement of account from the day of liquidating accounts between the parties and ascertaining the balance.”</p> <p>3. Mechanic’s lien—what does not preclude allowance of interest upon. The fact that a lien will be enforced against a party other than the one who made the contract with the lien claimants, does not preclude the allowance of interest.</p> <p>4. Mechanic’s lien—remedy by, cumulative. A claim for lien is not waived by the taking of a judgment at law upon the account due and unpaid.</p>

<p>1. Mechanic’s lien—when claim for, sufficient. Held, from the evidence in this case, that the claims for lien of the parties in Interest were several and not joint.</p> <p>2. Mechanic’s lien—how claims for, should^ he filed. Claims for liens which are in their nature separate, cannot be joined in a mechanic’s lien notice, and different parties holding claims which are in themselves distinct and unconnected with each other acquire no rights to a lien by joining them in a notice of lien filed with the circuit clerk in an attempted compliance with section 4 of the Lien Statute.</p>

<p>1. Res judicata—when decision of Supreme Court is, as to new parties. The decision of the Supreme Court is res judicata as to new parties subsequently joined where such new parties were in direct privity and derived their sole interest pendente lite from the party as to whom the decision was rendered.</p> <p>2. Abatement—when irregularity in adding new parties upon, not ground for reversal. Where the heirs and representatives of a deceased party in a chancery proceeding are joined by mere amendment of the pleadings, but appear in the cause and have their rights adjudicated, no objection to the irregularity in the mode of reviving the suit can be successfully urged upon appeal.</p> <p>3. Mechanic's lien—when claim for lien filed within four months of date of last payment within meaning of act of 1881. Where under the terms of the contract the last payment became due to the contractor upon the issuance to him of an architect’s final certificate, a claim for lien under the act of 1887 is filed in time if filed within four months from the date of the issuance of such architect’s certificate.</p> <p>4. Mechanic’s lien—when claim for lien not insufficient for failure to join necessary party. A claim for lien filed against the lessee of land is not fatally defective in failing to join therein the owner of the fee notwithstanding such owner may be interested or affected by the enforcement of the lien against the property in question.</p> <p>5. Mechanic’s lien—cross-hill not esential to affirmative relief. An answer setting up the essential facts is sufficient to support the allowance of a claim for lien, and a cross-bill praying affirmative relief is not essential.</p> <p>6. Mechanic’s lien—when claim for, enforced hy suit, brought in apt time. The filing of an answer by a lien claimant, in a proceeding instituted by the owner of the fee .of the property sought to be charged with the lien, to clear the title thereof from lien claims, if filed within the time in which a suit should have been brought, entitles such lien claimant to an allowance of his claim if his answer is sufficiently broad and his proof sustains the same.</p> <p>7. Mechanic's lien—what pleading seeking enforcement of. should set up. The remedy afforded by the Mechanic’s Lion Act being in derogation of the common law, must be strictly pursued, and a pleading by which it is sought to enforce a claim for lien must set forth sufficient affirmative facts which, if undisputed, will entitle the claimant to the enforcement of his lien.</p> <p>8. Mechanic’s lien—when claim for lien insufficient. A claim for lien filed with the circuit clerk is insufficient which fails to set forth the time or times when the material was furnished and the labor performed.</p> <p>9. Arbitration award—effect of setting aside, upon question of waiver. If, as a matter of law, the submission of a claim to arbitration operates as a waiver of the claim for lien, the fact that such award was "set aside does not change the legal effect of the act of submission.</p>

Action in case for personal injuries. Appeal from the Superior Court of Cook county; the Hon. Robert W. Weight, Judge, presiding. Heard in this court at the October term, 1905.

<p>1. Sake place to wobk—duty of master to furnish. Where a servant by virtue of his employment is required to work upon a particular slab, it is the master’s duty to see to it that such slab is reasonably safe.</p> <p>2. Evidence—-effect of destruction of. All reasonable presump-, tions will be indulged against a party who has destroyed evidence pertinent to the issue.</p> <p>3. Statutory damages—when affirmance will not he accompanied hy allowance of. Held, that this case does not come within the statute or the ruling in Potter v. Levison, 199 Ill. 95.</p>

Action in case for personal injuries. Appeal from the Superior Court of Cook county; the Hon. Joseph E. Cary, Judge, presiding. Heard in the Branch Appellate Court at the October term, 1905.

<p>1. Landlord and tenant—what does not affect former’s right to recover penalty for non-delivery of possession. A landlord has a right to recover the penalty provided by the lease for the nondelivery of possession at the expiration thereof, notwithstanding he has re-leased the premises, the new lease to go into effect with the expiration of the one under which the action is brought.</p> <p>2. Evidence—when admission of incompetent, will not reverse. The admission of incompetent evidence will not reverse where it appears that no prejudice resulted.</p> <p>3. Final judgment—when Appellate Court can enter, upon reversal, in action at law. The Appellate Court can only reverse and enter final judgment for the correct amount which should have .been awarded to the plaintiff where a jury has been waived and a trial had before the court.</p>

<p>1. Covenant—when equity will enforce, contained in deed poll. Equity will uphold and enforce a covenant contained in a deed poll by which the grantee who has taken possession and used the land conveyed, agreed to erect and maintain a levee and to cut and continuously maintain a ditch and outlets for the protection of other land owned by the grantor.</p> <p>2. Sanitary district—what within■ corporate power of. It is within the corporate powers of a sanitary district to acquire land and rights of way upon which to erect embankments and construct - ditches for the purpose of protecting lands from overflow resulting from the construction of the channel of such district.</p> <p>3. Estoppel—when arises to preclude defense of ultra vires. The defense of ultra vires cannot be interposed against a prayer for specific performance of a covenant in a deed of conveyance where the defendant seeking to interpose such defense has accepted all the benefits of the covenant and cannot restore the status quo.</p> <p>4. Specific performance—when will not he awarded, notwithstanding the right thereto is established. Where the benefit to be derived by the complainant entitled to specific performance would be small and the damage to the defendant arising from specific performance required of it would be great, equity will not decree specific performance but will retain the case and assess the complainant’s damages, where the complainant at the time of the filing of his bill was not aware of the obstacles to the enforcement of specific performance.</p>

<p>1. Contribution—what not res judicata -of right to. Stockholders who have been compelled to pay a corporate debt are not barred from the right to enforce contribution from their co-stockholders because of the fact that such co-stockholders had been made parties to the same bill by the creditor who has enforced stock liability, and had been dismissed therefrom.</p> <p>2. Contribution—upon what right of stockholders to enforce, rests. The right to contribution by stockholders who have paid a corporate debt rests upon principles of equity.</p> <p>3. Contribution—when cause of action arises with respect to running of Statute of Limitations. The right to enforce contribution of co-stockholders arises upon the payment of the corporate debt, and not until such payment does the Statute of Limitations begin to run, notwithstanding the stockholders seeking contribution had opportunity of filing a cross-bill in the proceeding in which they were decreed to pay the corporate debt.</p>

Action in case for personal injuries. Appeal from the Circuit Court of Cook county; the Hon. Charles M. Walker, Judge, presiding. Heard in the Branch Appellate Court at the October term, 1905.

<p>Action of assumpsit. Appeal from the Superior Court of Cook county; the Hon. Jesse Holdoíi, Judge, presiding. Heard in the Branch Appellate Court at the October term, 1905.</p>

<p>1. Tender—when good. • A tender made at the place of payment of a note, being of sufficient amount and in the character of coin required to he paid, is good and will defeat a foreclosure predicated upon non-payment, notwithstanding there was no one at the place of payment authorized to receive the money so tendered.</p> <p>2. Tender—what legal effect of. A good tender, kept good, stops the running of interest and the accruing of costs.</p>

<p>1. Dimietutiokt of record—when suggestion of, must he made. The suggestion of diminution of record and for leave to supplement the “short record” hy the filing of a complete transcript, must be made on or before the second day of the term at which it is required that the appeal shall be perfected, and where the practice in this respect has not been observed, a dismissal will follow, notwithstanding the parties to the cause had stipulated to the completion of the transcript.</p>

<p>Bill of interpleader. Appeal from the Circuit Court of Cook county; the Hon. Oscab E. Heard, Judge, presiding. Heard in the Branch Appellate Court at the October term, 1905.</p>

<p>1. Negligence—duty of person injured to minimize damages. The law imposes upon a person injured by the negligence of another the duty to make reasonable efforts to render that injury as small as possible, and it does not permit him to recover damages for any increase of loss consequent upon a failure to perform that duty.</p> <p>2. Overflow—what does not preclude right to recover damages arising from. The owner of land suffering damages from inundation caused by the construction of ditches, etc., by a railroad company, is not barred from a recovery because of his failure to anticipate a flood and to protect his land therefrom.</p> <p>3. Crops—when testimony as to value of, competent. It is competent to inquire of witnesses what was the market value of crops at the time of the destruction, without specially incorporating into the question put to such witnesses the proposition as to whether or not such crops might or might not mature.</p>

<p>Action of assumpsit. Appeal from the Circuit Court of DeKalb county; the Hon. Linus C. Ruth, Judge, presiding. Heard in this court at the April term, 1906.</p>

<p>Action in case for personal injuries. Appeal from the Circuit Court of DuPage county; the Hon. Li^rus C. Ruth, Judge, presiding. Heard in this court at the October term, 1905.</p>

Action to recover damages for death caused by alleged wrongful act. Appeal from the Circuit Court of Bureau county; the Hon. Samuel C. Stoush, Judge, presiding. Heard in this court at the April term, 1906.

<p>Action in case for personal injuries. Appeal from the Circuit Court of Will county; the Hon. Albert O. Marshall, Judge, presiding. Heard in this court at the April term, 1906.</p>

Action commenced before justice of the peace. Appeal from the Circuit Court of Woodford county; the Hon. Geobse W. Patton, Judge, presiding. Heard in this court at the October term, 1906.

<p>1. Remandment—when directions given upon, abandoned. The benefit of directions given upon remandment of a cause is abandoned by filing an amended pleading inconsistent therewith.</p> <p>2. Books oe account—when competent. Books of account are competent where shown to be books of original entry, and to be true and correct, by the testimony of a person who made the entries therein.</p> <p>3. Acknowledgment—effect of act of May 15, 1903. An acknowledgment taken by a stockholder of the corporation grantee, though invalid when made, is validated by the act of May 15, 1903.</p> <p>4. Master in chancery—when reference should be made to state account. The Appellate Court should not be left to determine by its own computation the correctness of a statement of account upon which a decree of foreclosure has been predicated; but the court below before entering a decree should refer the cause to'the master to make computation, and the means by which the result of the computation was arrived at should be preserved in the record.</p> <p>5. Homestead loan association—law with respect to loaning of money. Prior to the amendatory act. of 1891,o such associations could only loan by competitive bidding; after the amendatory act of 1891 and until the amendatory act of 1893, associations organized prior to 1891 could not loan money except by competitive bidding.</p> <p>6. Homestead loan associations—how by-laws of, must be amended. A homestead loan association can only amend its bylaws at a meeting of its stockholders, and amendments not so made are void.</p> <p>7. Homestead loan association—when exempted from operation of usury laws. Such associations are only exempted from the usury laws when their contracts for interest and premiums which exceed the lawful rate, are made according to the provisions of the homestead loan association act.</p> <p>8. Interest—complainant ashing relief from usury required to pay. In equity a complainant seeking relief from usury is required to pay the legal rate of interest.</p>

Action on the case for death caused by alleged wrongful act. Appeal from the Circuit Court of Will county; the Hon. Albert O. Marshall, Judge, presiding. Heard in this court at the April term, 1906.

<p>Judgment by confession. Appeal from the County Court of LaSalle county; the Hon. William: H. Hinebaush, Judge, presiding. Heard in this court at the April term, 1906.</p>

<p>Action of trespass. Appeal from the Circuit Court of Knox county;, the Hon. Georgb W. Thompson, Judge, presiding. Heard in this court at the April term, 1906.</p>

<p>1. Insteuotioss—must not give undue prominence to particular facts. Instructions are erroneous which give undue prominence to particular evidence in the cause.</p> <p>2. Vebdict—when not disturbed. A verdict predicated upon conflicting evidence will not be set aside on appeal where it appears that substantial justice has been done.</p>

Action in case for personal injuries. Appeal from the City Court of Aurora; the Hon. John L. Heaiy, Judge, presiding. Heard in this court at the April term, 1906.

<p>Action of assumpsit. Error to the Circuit Court of Cook county; the Hon. Homer Abbott, Judge, presiding. Heard in this court at the March term, 1906.</p>

Action on the case for death caused by alleged wrongful act. Appeal from the Superior Court of Cook county, the Hon. Robert W. Wright, Judge, presiding. Heard in this court at the October term, 1905.

<p>Bill for injunction. Appeal from the Circuit Court of Cook county; the Hon. Charles M. Walker, Judge, presiding. Heard in this court at the March term, 1906.</p>

Bill for accounting. Appeal from the Superior Court of Cook county; the- Hon. Ti-ieodore Brentano, Judge, presiding. Heard in this court at the October term, 1905.

Action on the case for death caused by alleged wrongful act. Appeal from the Superior Court of Cook county; the Hon. Arthur H. Chetlain, Judge, presiding. Heard in this court at the Mhrch term, 1906.

Action on the case for death caused by alleged wrongful act. Appeal from the Superior Court of Cook county; the Hon. Arthur H. Frost, Judge, presiding. Heard in this court at the October term, 1905.

Action in case for personal injuries. Appeal from the Circuit Court of Cook county; the Hon. Charles M. Walker, Judge, presiding. Heard in this court at the October term, 1905.

<p>1. Contempt proceeding—in what name appeal may be perfected in. An appeal taken from an order committing for contempt for failure to comply with a civil order may be perfected in the name of the original cause in which the order disobeyed was entered, or in the name of the person committed against the people.</p> <p>2. Contempt proceeding—practice to be followed to compel obedience to civil orders. If a rule has been entered to show cause why an assignment should not be made, the next order of proceeding is to enter an order requiring the making of such assignment, and it is error to commit without affording an opportunity of compliance.</p>

<p>Mandamus proceeding. Error to the Superior Court of Cook county; the Hon. Axel Ohyteatjs, Judge, presiding. Heard in this court at the October term, 1906.</p>

<p>Action of assumpsit. Appeal from the Circuit Court of Cook county; the Hon. Thomas Q-. Windes, Judge, presiding. Heard in the Branch Appellate Court at the October term, 1905.</p>

<p>1. Accord and satisfaction—what does not establish. The remittance of a check accompanied by a statement to the effect that it was for the correct balance and that no more would be paid, followed by acceptance of the check, does not constitute an accord and satisfaction.</p> <p>2. Interest—what tends to establish unreasonable and vexatious delay of payment. Evidence which shows a refusal to pay until the creditor shall do something which in law it was not required to do, tends to establish an unreasonable and vexatious delay of payment justifying an allowance of interest. '</p> <p>3. Credibility of witnesses—when instruction as to, not ground for reversal. In this case an instruction which told the jury that they were “the sole judges of the facts and of the credit to be given to the witnesses,” etc., held, not prejudicial error.</p>

<p>Bill for accounting. Appeal from the Circuit Court- of Cook county; the" Hon. Richard S. Tuthill, Judge, presiding. Heard in the Branch Appellate Court at thfe October term, 1905.</p>

Action in case for personal injuries. Appeal from the Superior Court of Cook county; the Hon. Joseph E. Gary, Judge, presiding. Heard in the Branch Appellate Court at the October term, 1905.

<p>Foreclosure proceeding. Appeal from the Circuit Court of Cook county; thé Hon. Murray F. Tulby, Judge, presiding. Heard in the Branch Appellate Court at the October term, 1905.</p>

<p>Action of debt. Appeal from the Superior Court of Cook county; ' the Hon. Joseph E. Gaby, Judge, presiding, Heard in the Branch Appellate Court at the October term, 1905.</p>

Action commenced before justice of the peace. Appeal from the Circuit Court of Cook county; the Hon. Homer Abbott, Judge, presiding. Heard in the Branch Appellate Court at the October term, 1905.

<p>Action in case for personal injuries. Appeal from the Superior Court of Cook county; the Hon. Joseph E. Cary, Judge, presiding. Heard in the Branch Appellate Court at the October term, 1905.</p>

Action on the case for death caused by alleged wrongful act. Appeal from the Superior Court of Cook county; the Hon. Axel Chytbaus, Judge, presiding. Heard in the Branch Appellate Court at the October term, 1905.

Action in case for personal injuries. Appeal from the Circu^ Court of Cook county; the Hon. Homes Abbott, Judge, presiding. Heard in the Branch Appellate Court at the October term, 190B.

<p>Bill for accounting. Appeal from the Superior Court of Cook county; the Hon. Mabcus Kavanagh, Judge, presiding. Heard in the Branch Appellate Court at the October term, 1905.</p>

Action in case for personal injuries. Appeal from the Superior Court of Cook county; the Hon. Joseph E. Gaby, Judge, presiding. Heard in the Branch Appellate Court at the October term, 1905.

<p>1. Insueaiíce—who cannot raise question of lack of insurable interest. No one but the insurer is entitled to interpose a defense of a lack of insurable interest in the beneficiary named in a policy.</p> <p>2. I n sue aw ce—what confers insurable interest.. A., debt to which the bar of the Statute of Limitations might be applied is sufficient to vest in a creditor an insurable interest in the life of his debtor.</p>

Action on the case for death caused by alleged wrongful act. Appeal from the Superior Court of Cook county; the Hon. Joseph E. Cary, Judge, presiding. Heard in the Branch Appellate Court at the October term, 1905.

Action in case for personal injuries. Appeal from the Circuit Court of Adams county; the Hon. Albert Ake^s, Judge, presiding. Heard in this court at the May term, 1906.

Proceeding to impeach decree for fraud. Appeal from the Circuit Court of Shelby county; the Hon. Wileliam M. Parmer, Judge, presiding. Heard in this court at the May term, 1906.

<p>Action in trespass. Appeal from the Circuit Court of McLean county; the Hon. Thomas M. Habéis, Judge, presiding. Heard in this court at the May term, 1906.</p>

<p>1. Quantum meruit—when admission of evidence with respect to, erroneous. Where the work for which recovery is sought was performed under written contract providing for payment in a specific way, it is error to admit evidence with respect to a quantum meruit.</p> <p>2. Instructions—when will not he reviewed. Assignments of error upon instructions will not be reviewed where all of such assignments have not been abstracted.</p>

<p>1. Bill of interpleader—power of court to allow solicitor’s fees. It is not within the power of the court to allow to the complainant in a bill of interpleader solicitor’s fees for the preparation and filing of such bill, etc.</p> <p>2. Bill of interpleader—power of court to allow costs. Where the tender made by the bill is without reservation to pay the entire sum, the court will direct its full payment into court and order that the costs be taxed in favor of the complainant and paid in the usual way.</p>

<p>Contested claim in court of probate. Error' to the Circuit Court of Tazewell county; the Hon. Theodore N. Green, Judge, presiding. Heard in this court at the May term, 1906.</p>

Action commenced before justice of the peace. Appeal from the County Court of Macoupin county; the Hon. Geobge W. Mubbay, Judge, presiding. Heard in this court at the May term, 1906.