Volume 13 — Illinois Reports

The Mississippi and Atlantic Railroad Company filed their petition in the Effingham Circuit Court, asking the appointment of commissioners for the purpose of securing the right of way for the use of the company over the land of Gillinwater. The petition shows that the company had organized under and in conformity with the provisions of the general law of the 5th November, 1849, to provide for a general system of railroad in-corporations.

<p>This was an action of debt brought in the Circuit Court of Hardin county, upon an injunction bond. The appellants filed a plea in bar, stating that on the 10th day of April, 1851, it was agreed between the parties to the suit that if the appellants would give the appellee a horse worth seventy-five dollars he would not bring suit on the bond until the 25th of December, 1851; that the horse was delivered in pursuance of this agreement. To which plea there was a demurrer, which was sustained ; and the appellants not answering further, the court, Denning, Judge, presiding, rendered a judgment for the penalty of the bond, to be discharged by the payment of $594.34 damages, which were assessed by the court, by agreement of parties. The error assigned was the sustaining of the demurrer to the plea.</p> <p>The action was commenced in July, 1851.</p>

This was a scire facias upon a recognizance, tried before the Hon. William A. Henning, in the Hardin Circuit Court, at the April term, 1851; at which time a judgment was rendered in favor of the defendants in error, and against the plaintiffs in error, for the sum of $500. The scire facias was in the words and figures following, to wit: State of Illinois, Hardin County, ss.

The statement of this case is contained in the opinion of the Court. This cause was heard before Koerner, Justice, and a jury, at April Term, 1848, of St. Clair Circuit Court. The jury found for the defendants, declaring that the will was the will of Clement Rigg. The errors assigned were the refusal of the Circuit Court to give the instructions asked for by the plaintiffs in error, and the refusal of a new trial.

This cause was tried before Marshall, Judge, and a jury, at May term, 1851, of the Marion Circuit Court. The jury found “ that the property in dispute is the property of the claimants.” James Marshall, the plaintiff in the execution by virtue of which the property claimed was levied upon, took this appeal. The facts of the case are set out in the opinion of the court.

McDonald brought an action of trespass for an assault, battery, and false imprisonment against the defendants in error.

The school trustees filed their bill in the Clinton Circuit Court, setting forth, among other things, that section sixteen, in each township, is granted by law to the State for the use of the inhabitants of the several townships, for the benefit of schools. That section sixteen, through which the Kaskaskia River flows, is the major part thereof in Clinton county, and that on the same a ferry was regularly established, by an act of the legislature of 28th February, 1833.

This demurrer was heard before Denning, Judge, at May term, 1850, of the Massac Circuit Court. The facts of the case are stated in the opinion of the court.

<p>The defendants as the heirs at law of Nelson Ferguson, deceased, filed in the Jefferson Circuit Court, at the August term, A. D. 1845, thereof, against the said plaintiff, their bill in Chancery, for a conveyance to lot No. 28, in block No. 17, in the town of Mount Vernon, Jefferson county, charging, in substance, that in the year 1819, the said town of Mount Vernon was laid out into blocks and lots, by order of the then acting county commissioners, and by said commissioners ordered to be sold on a credit. That said Nelson, deceased, at the sale of said lots, purchased said lot for about the sum of one hundred and fifty-six dollars, and that said Nelson, deceased, executed to said county, (or to whomsover the notes were made payable,) his promissory note for the purchase-money, with James Johnson as his security, and that said lot has since been paid for, and that it has been in the possession of said Nelson, deceased, and his legal representatives from thence hitherto, and that said Nelson and his legal representatives have paid the taxes on the same since the purchase thereof. That the defendants, by their attorney, had made diligent search for the record authorizing said sale of lots in said town of Mount Vernon at the original sale thereof, but could find nothing of the kind. That no deed, to the belief of the defendants, had ever been executed to the said Nelson in his lifetime, or to his legal representatives, from the fact that there appears to be no record of any such deed. Praying that the said plaintiff should be summoned to show cause, if any they might or could, why they should not appoint some suitable person to execute a good and sufficient deed to the said Nelson nunc pro tunc, or that the court would appoint a commissioner for that purpose.</p> <p>To which , bill the said plaintiff demurred, and at the said August term of said court, 1845, the demurrer was sustained by the court. Whereupon the defendants asked and obtained leave to amend this said bill.</p> <p>To the amended bill the plaintiff filed its answer, denying that the said Nelson, deceased, or any person on his behalf, ever paid for the lot in said defendants’ bill described, or that he or his heirs had possession thereof for the space of twenty years, or paid taxes on the same, as in said bill alleged, and further denied all the material allegations in the said defendants’ bill alleged, praying to be dismissed with costs, &c.</p>

The decree in this case was rendered by Harlan, Judge, at September Term, 1851, of the Lawrence Circuit Court. Shepherd filed his bill to marshal assets, and have the proceeds of sales of certain lands entered in satisfaction of the judgment of Ross, against David Price, and a certain tract of land purchased of said Price by Shepherd, released from all lien of said judgment.

This action was commenced by Starbird before a justice of the peace in Randolph county, upon which he recovered a judgment against the Trustees of Schools. One of the trustees took an appeal to the Circuit Court of Randolph county. A motion was made in the Circuit Court to dismiss the appeal for want of a sufficient -bond, and also a motion to amend the appeal bond. The Circuit Court sustained the motion to dismiss, and entered judgment accordingly.

This is an action of trespass quare clausam fregit, brought by the plaintiff against the defendant, in the Madison County Circuit Court, at the August term, A. D. 1850, for erecting a lime kiln for the purpose of burning lime, and for quarrying and carrying away rock and converting the same to his own use, upon the close of the plaintiff; to which the defendant pleaded not guilty, and thereupon issue was joined to the country.

Buchanan and others filed this bill in the Circuit Court of Lawrence county, and obtained an injunction upon it restraining Ross, who had brought suit as cashier of one of the branches of the Bank of Indiana, against the defendants in error. Harlan, Judge, at September term, 1850, sustained the bill, and entered the decree complained of and sought to be reversed by this writ of error.

This was an action of debt, commenced in the Massac Circuit Court; and taken to the Marion Circuit Court on change of venue. The action was upon a bond executed to the people of the State of Illinois, by Thomas Hobbs, a man of color, and Valentine Owens as his security.

This case was submitted upon the following agreement: It is agreed, in this case, that the evidence showed, that an estray horse came to the possession of Pryor, where it remained more than a year, without being posted and advertised.

At September term, 1851, of the Effingham Circuit Court, Gillinwater filed an information against the Mississippi and Atlantic Railroad Company, commencing as follows : “ In the Circuit Court of said county, Alfred Kitchell, State’s Attorney for the Fourth Judicial District of the State of Illinois, who prosecutes in behalf of the people of the State of Illinois, on the relation of Thomas J. Gillinwater, of the county of Effingham, aforesaid, comes here into Court and gives…

In this case the complainant filed his bill on the chancery side of the Wabash Circuit Court, praying the foreclosure of a mortgage.

This was an action of debt, commenced in the Massac Circuit Court, upon the record of a judgment purporting to have been rendered by a Court of Pleas and Quarter Session, in Obion county, Tennessee, wherein James Hoge was plaintiff, and the above-named McBain was defendant, at the January term of said court, A. D. 1835, for the sum of $385.19, and costs of suit.

Allen brought this action of trespass against Scott, for entering the close of Allen and seizing, taking, and driving away one yoke of oxen, &c., the goods of Allen, &c., and converting the same to his own use, &c. The declaration contains two counts; the second is for taking and carrying away the same goods, &c. To this declaration Scott pleaded not guilty, and a special plea, stating : That at the time when, &c., he, Scott, was collector of the corporation taxes for the…

This was an action of assumpsit, brought by Sullivan, for the use of Carr, against Dollins, in the Franklin Circuit Court, to recover the amount of a note given by Dollins to Sullivan. The cause was tried before Denning, Judge, and a jury at April term, 1849, and resulted in a verdict and judgment for the defendant. Defendant pleaded, First.

This cause was tried at the Madison Circuit Court at March term, 1851, before Underwood, Judge, and a jury. Trumbull, Justice, being interested, did not sit at the hearing of this cause. This was an action of assumpsit, brought by said O’Neile against the said company upon a policy of insurance issued by them, in the sum of $1,900, upon a stock of goods, wares, and merchandise belonging to said O’Neile, in his store in Randolph county.

Temperance Goings filed her bill in the Pike Circuit Court, in August, 1849, alleging, — That on the 8th of February, A. D. 1844, one William Howey departed this life, intestate, unmarried, and without issue, and without parents living; that the complainant and one James M. Howey were the only brother and sister of the deceased William Howey; that said William Howey died seized in fee-simple of the real estate following: The north half of section one, the north-east quarter…

This case was before this Court at last December term, and was then remanded. See 11 Illinois, 361. The bill afterwards was amended in the Pike Circuit Court, and the proceedings were substantially as follows.

Lewis, as administrator de bonis non, filed his bill in the Sangamon Circuit Court, setting forth : — That on the 21st of March, 1839, one Linus Graves purchased of I. and P. Irwin and Samuel Lyons, certain lots in Iles’s Addition to Springfield, for ¡$1000, for which Graves executed his notes for the purchase-money, secured by a mortgage on the same lots.

Campbell filed in the office of the Circuit Court of McDonough county a plaint and affidavit in replevin, stating that he was th.e owner, and then lawfully entitled to the possession of a bay horse commonly called Nephi. That said horse was then wrongfully detained from him by Head.

Lane, as administrator de bonis non of Christopher Robinson, deceased, filed his petition in the Gallatin Circuit Court, stating that in November, 1819, letters of administration upon the estate of Robinson, were granted to Mary Robinson, his widow, and John Brown, who proceeded to administer; but in consequence of a failure to collect debts due to the estate, they were unable to pay the debts due from the estate, and particularly a debt due the Bank of Illinois, which the…

The facts of the case are stated in the opinion. Minshall, Judge, rendered the decision appealed from at the October term, 1851, of the Brown Circuit Court.

The pleadings and facts of this case are stated in the opinion of the Court. The cause was tried by the Court below, Wood-son, Judge, presiding, at September term, 1851, of the Scott Circuit Court, and a judgment was rendered for the plaintiff below, and Abrams sued out this writ of error.

Smith filed his petition stating, that, by the Probate Court of Logan county, he had been appointed guardian of Mary Alexander, aged thirteen years, and her brother John, aged eight years. That said children were the heirs of one Augustus Alexander, deceased. That the mother of the children was also deceased. That he demanded the custody of Mary from Thomas Shoup, and that of John from John Handsby, who had the said children in their keeping.

This action was commenced by Watkins against McKinley before a justice of the peace. Watkins failed to recover on the trial before the justice, and took an appeal to the Circuit Court. At the April term, 1851, of the Logan Circuit Court, the cause was tried before Davis, Justice, and a jury, and resulted in a verdict and judgment for Watkins, and McKinley brought the cause to this court by writ of error.

Cook filed his petition in the Hancock Circuit Court, representing that, on the third day of June, A. D. 1848, Hoyt recovered a judgment against him before John Banks, a justice of the peace, for $70 and costs. That said judgment was erroneous and unjust, setting forth the circumstances connected with the suit, which made its injustice apparent. That he was present at the trial, and defended as well as he might, and was not guilty of any negligence in the premises.

This case was submitted upon the following agreed state of facts. Be it remembered, that the plaintiff, (McAvoy,) declared against the defendants in assumpsit, on the following contract of the parties, to wit: Meredosia, El., 6th November, 1850.

<p>APPEAL EROM MASON.</p> <p>To subject a party to the penalty for cutting timber provided in Rev. Stat. ch. 104, he must have committed the wrong knowingly and wilfully, or under such circumstances as show him guilty of criminal negligence; the statute does not extend to a person who fells trees upon the land of another, under a mistaken belief that his boundaries extended far enough to include the trees in controversy.</p> <p>Where one cuts timber, knowing it not to be upon his own land, or upon land which he had a license to cut from, the law presumes that the trespass was wilful.</p> <p>To make a trespass under the statute wilful, it is not necessary that the defendant should know that the land belonged to the plaintiff.</p> <p>The case of Whitecraft v. Vandever, 12 Ill. R. 235, reaffirmed.</p>

This was a proceeding in chancery, by bill and injunction, brought by John Propst, as sole executor of Nicholas Propst, deceased, against Alexander Meadows.

<p>For a statement of the record, see opinion of the Court.</p> <p>The cause was heard before Woodson, Judge.</p>

This was an action of trespass quare clausum fregit, brought by the defendants in error against the plaintiff in error. The defendants pleaded, 1st, not guilty; 2d, statute of limitations; 3d, Liberum lenementum. Plaintiff replied by “ similiter ” to 1st, and traversing the 2d and 3d pleas.

The decree in this case was entered by Minshall, Judge, at the May term, 1851, of the Cass Circuit Court. The complainant in the court below took this appeal and assigned errors. The facts of the case are set out in the opinion of the court.

This cause was heard before Minshall, Judge, at the August term, 1850, of the Schuyler Circuit Court. The opinion of the court contains a full statement of the case.

This was a bill filed by the Insurance Company against Buckmaster, Godfrey, Keating, and Krum, to quiet the title to the lots of land described in the opinion of the court. The opinion gives a full statement of the case. At March term, 1850, of the Madison Circuit Court, Underwood, Judge, presiding, the bill was dismissed at the cost of the complainants, who prayed for and obtained this appeal.

This cause was tried before Davis, Judge, at the November term, 1851, of the Sangamon Circuit Court. The facts are stated in the opinion of the court.

On the 15th day of August, 1850, C. E. Yates filed his bill in chancery against Thomas Monroe, Annis Monroe his wife, and William A. Hinman, in substance: That about January 1st, 1840, said Yates purchased of said Hinman a horse, for which he executed his note to Annis Hinman, (said Annis Monroe,) dated 4th January, 1840, payable to said Annis or bearer, one year from date, with twelve per cent, interest, conditioned 11 that said note might be discharged, within six months…

This cause was heard at September, 1851, of the Cass Circuit Court, by Minshall, Judge.

The pleadings and proofs of this case are stated in the opinion of the court. The cause was heard before Davis, Judge, at the March term, 1851, of the Sangamon Circuit Court.

This cause was heard before Underwood, Judge, at the March term, 1851, of the Madison Circuit Court. The facts of the case are stated in the opinion of the court.

The facts of this case are fully set out in the opinion of the Court. The decree was rendered by Davis, Judge, in the Sangamon Circuit Court.

This cause was heard before Kellogg, Judge, at March term, 1851. The facts of the case are set out in the opinion of the court. Pitkin brought the case to this court, and assigned errors.

Carlile, then of Bethel, Morgan county, at St. Louis, on the 2d November, 1847, made his note to complainants at three months’ date, for $500, to which was attached the following memorandum: “ This note of John Carlile is left as collateral security, it being mentioned in a mortgage on his effects, &c., Mr. C. will return the mortgage as soon as recorded at Jacksonville.” On the same day, and to secure the note, Carlile executed a mortgage conveying to the complainants a lot…

This was an original suit, commenced against Leet, as principal, and six others, as his sureties, to recover the penalty of a bond given on the 2d day of September, 1844, the condition of which was, that Leet should perform all the duties required to be performed of him, as collector of the county of Henderson, in the time and manner prescribed by law; and when he shall be succeeded in office, shall surrender and deliver over to his successor in office all books, papers, and…

This was an action of slander, commenced by Wilson against Eubank in the Adams Circuit Court. There was a trial by jury, at November term, 1849, of the Adams Circuit Court, Minshall, J., presiding, and a verdict and judgment for defendant. Wilson brought the cause to this court by writ of error. During the pendency of the suit in the Supreme Court, Wilson died, and his administrator was made a party in his stead.

This was an action of trespass, commenced by Voght in the Greene Circuit Court, and taken, by change of venue, at the instance of Tuller, to Jersey county. The suit was commenced against Tuller, one Alvord, and three others. Tuller and Alvord were the only defendants who were served with- process. They appeared, and pleaded the general issue.

<p>APPLICATION POE, A MANDAMUS.</p> <p>On appeal from a justice of the peace, the jurisdiction of the Circuit Court is no greater than that of the justice.</p> <p>A Circuit Court should dismiss a suit on appeal, if it appears that the justice of the peace had not jurisdiction of the subject-matter.</p> <p>A plaintiff in appeal, cannot confer jurisdiction on the Circuit Court, by remitting a portion of the verdict.</p> <p>On appeal to the Circuit Court from the judgment of a justice, the jury found a verdict for plaintiff exceeding one hundred dollars; the plaintiff offered to remit, and reduce the verdict to that sum:—</p> <p>Meld, that the Circuit Court was not hound to enter a judgment for the one hundred dollars; and that plaintiff was not entitled to a judgment. The proper practice in such case, would be for plaintiff to move for a new trial.</p>

<p>Carmacic su'ed Magee before a justice of the peace to recover ten dollars, the amount of a ten-dollar bill of the Bank of St. Clair, in the State of Michigan, which Magee had paid to Car-mack for flour. Carmack recovered a judgment before the justice, and Magee appealed to the Circuit Court of McDonough county. In the Circuit Court, Minshall, Judge, presiding, at April term, 1851, the cause was submitted to a jury for trial, and a verdict was again found for Carmack, and a judgment was rendered accordingly. Magee entered a motion for a new trial, which was overruled.</p> <p>The bill was paid to Cormack the last of April or first of May, 1850, and was returned to Magee two or three months after. The parties resided seven miles apart. The St. Clair Bank had been broken ten or twelve years, and the bill had been worthless for some years.</p> <p>Magee requested that the following instructions should be given to the jury, which the court refused:</p> <p>“ That if the jury believe, from the evidence, that the bill is the same passed by the defendant'to the plaintiff, and that it was at the time a bill of a bank not paying specie, and the bill therefore not current, and at a discount more or less; that even in this case, if the defendant did not at the time know the facts, they will find for the defendant, unless they further believe, from the evidence, that the plaintiff, in a reasonable time after he ascertained the bill to be on a broken bank, tendered or offered to. return the bill to the defendant.” “ That if the bill was on a broken bank the plaintiff cannot recover the amount of the same, nor for the value of the things given therefor, unless the plaintiff in a reasonable time offered to return the bill to the defendant.”</p>

The judgment in this cause was first rendered before a justice of the peace in Adams county, in October, 1850, in favor of Holden, for fifteen dollars and costs, from which Rogers appealed to the Circuit Court of Adams county. In the Circuit Court, Holden entered a motion to dismiss the appeal, for want of jurisdiction in the court to entertain the same, and because an appeal does not lie, the judgment before the justice having been rendered on an award of arbitrators.

This was an action commenced by Keirns against Brown, before a justice of the peace, in Fulton county. Keirns took an appeal to the Circuit Court of Fulton county.

The decree was entered in this cause, at September term, 1850, by Woodson, Judge, in Scott Circuit Court. The facts of the case are stated in the opinion of the court.

The bill filed in this case avers that Felton, in the year 1843, obtained a judgment against Jones, the plaintiff in error, and one Smith, who was his security for $886.67, and costs, upon which an execution issued, which was levied upon certain premises described.

This was an action of ejectment, commenced by the plaintiffs in the Menard Circuit Court. Gibson’s tenant was in possession of the premises claimed in the plaintiff’s declaration, lots 1 and 2 in Block 66, in Taylor’s Addition to the town of Peters-burg. Gibson came in and was made defendant, and filed his plea of not guilty.

This action was commenced by Randolph against Campbell before a justice of the peace. Campbell appeared before the justice and filed a set-off; and by his counsel admitted the correctness of the account filed by Randolph. No evidence was offered, and the justice gave judgment against Campbell. Campbell appealed to McDonough Circuit Court. In the Circuit Court, Randolph moved to dismiss the appeal.

This was an action of replevin, brought in the Morgan Circuit Court by Bulkley against Ingalls. The declaration alleged that Ingalls, against sureties and pledges, &c., unjustly detained the horse of the said Bulkley, to wit, &c. The plea denied the detention, upon which there was an issue to the country. At March term, 1850, Woodson, Judge, presiding, the cause was submitted to a jury, and resulted in a verdict and judgment for Bulkley, the plaintiff below.

This cause was remanded from the last term of this court, (see 12 Ill. p. 124,) and was again tried in the Morgan Circuit Court at the March term thereof, 1851, before Woodson, Judge, and a jury, and resulted in a verdict and judgment for the appellee. The pleadings were the same as those presented in the former report of the case.

This bill alleges, that Joseph Walker, being seized of lot 17, block 5, in Curry & Hurlbut’s addition to Mount Sterling, sold the same,, and delivered the possession thereof to George W. Ishmael, for $150, and gave Ishmael a bond to convey, on payment of purchase-money. That Ishmael then paid Walker $60 and gave his note for the balance, payable October 1,1850.

This is an action on the case for slander. The declaration contained seven counts. A demurrer was interposed, in the court below, to the whole of the counts, and sustained to the first, fifth, and seventh counts, and overruled as to the others. The plaintiff then entered a nolle prosequi to all the counts except the first, fifth, and seventh.

John Martin was indicted at August term, 1850, of the Brown Circuit Court, for obstructing a highway leading from Mount Sterling in Brown county to Meredosia in the county of Morgan. At the trial of the cause at April term, 1851, Martin was found guilty. Minshall, Judge, presided at the trial of the cause. The points of discussion raised in the Supreme Court, are fully stated in the opinion of the court.

This was an agreed case, intended to raise the question of the right of unnaturalized persons to vote at a charter election in ¡ the city of Springfield. |

This was an action of assumpsit brought by Randolph against Bmeiack in the McDonough Circuit Court. The declaration contained two counts, one against Emerick as an indorser of a promissory note, and the other for money paid, laid out, and expen¿e¿_ To this declaration a demurrer was filed, and sustained to the count against the indorser. Randolph, on leave of the court, amended his declaration, and filed three new counts, all declaring against Emerick as indorser.

The appellees filed their bill in chancery, setting out that they became the sureties of one John A. Corneau, in a promissory note, about the 13th day of March, 1840, payable to Charles Gardner, as follows: “ Springfield, Ills., March 30, 1840. “ On or before the first day of October next, we jointly and severally promise to pay Charles Gardner, or order, one hundred and six dollars, value received, and if not paid when due, to draw interest thereafter at the rate of 12 per…

A special term of the Morgan Circuit Court, was in vacation appointed to be held in November, 1851, by the judge of that court, under the provisions of the fiftieth “section of the act in relation to Courts, in Revised Statutes of 1845, page 149. After the appointment of said special term, Darby sued Mc-Connel, filed his declaration, and obtained service of process, returnable to said special term, more than ten days before the commencement thereof.

This was an action of debt based upon a note and account. The declaration is in the usual form, except that the plaintiff, being an administratrix of St. Louis county, State of Missouri, makes proferí of her letters issued by the County Court of said county.

Thomas Massie, as executor of the last will of William Steel, deceased, sued Green before the Hancock County Court, on a demand for $31.25. The cause was submitted to the County Court, and judgment was rendered against Greene for $18.37 and costs of suit, at February term, 1850, of that court. Green took an appeal from the County Court to the Circuit Court of the same county.

This is a suit which was brought by plaintiff in error, against the defendant in error, at the March term of the Madison Circuit Court, 1849, for the recovery of pay for the support of one Burrell Reeves, who was a pauper, living and residing in the city of Alton. Heard before Underwood, J. There are three counts in the declaration in assumpsit.

<p>This cause was heard at the May term, 1851, of Macoupin Circuit Court, Woodson, Judge, presiding. The facts are stated in the opinion.</p>

This was an action of debt, commenced by James Beck, against Thomas Freeman and James H. Taylor, in the Schuyler Circuit Court, upon a written agreement under seal in these words, vizi: J Articles of agreement made and entered into, between James '•.Beck of the county of McDonough and State of Illinois, and Thomas Freeman of the county of Schuyler and State aforesaid, witnesseth, that the said Beck has this sold, and binds himself to deliver to said Freeman, his entire lot…

This was a bill in Chancery filed in the Pike Circuit Court, by Nesbitt and Charless, the appellants, for the purpose of reaching certain effects which had been fraudulently assigned by some of the appellees, with a design to defraud and defeat creditors.

Adam Shafer brought suit in the Brown Circuit Court against John Davis, for trespass in breaking his close and taking and carrying away rails, damaging grass, &c., at the September term, 1849.

Merry, the complainant, and plaintiff , in error, recovered two judgments against Bostwick, one at the January term, 1838, of the Alton Municipal Court, the other at the February term, 1838, of the Madison Circuit Court. Upon the judgment first rendered an execution was issued, and levied upon the property in controversy, in virtue of which the property was sold, and Merry became the purchaser.

This bill in chancery was filed to perpetually enjoin the defendants from interference with, complainants’ ferry privilege in Henderson county.

Thís was an action of ejectment by appellants against appellee, at March term, 1851, of Pike County Court.

The facts of this case are stated in the opinion of the court, The cause was heard before Minshall, J., and a jury, at the March term, 1851, of the Pike Circuit Court. Verdict and judgment for the defendant. Plaintiff below sued out this writ of error.

This was an action of ejectment, brought by the plaintiff in error against the defendants in error, in the Circuit Court of Tazewell county, for the recovery of “ that part of the addition made by the county of Tazewell to the town of Tremont, in said county, known as the public square, together with the buildings thereon,” and being part of the north-west quarter of section 19, township 24, north range 3 west of third principal meridian.

This action was commenced by Stremple before a justice of the peace in Pike county, and taken by appeal to the Circuit Court.

This was an action of ejectment, in which the plaintiff in this court was the plaintiff below, brought to recover the possession of the north-west quarter of section 35, in township 1, south of the base line in township 7, west of the 4th principal meridian. The parties dispensed with a jury, and a trial was had before the court. The'judgment was for the defendant.

The facts connected with this case are sufficiently stated in the opinion of the court. The decree was rendered by Min-shall, J., at the September term, 1851, of the Cass Circuit Court.

This was a bill in chancery, filed in the court below by Love against the said McJilton, Arthur Fairfield, A. P. Field, David M. Hall, Andrew Miller, John G. Gammon, and William Hardley.

The facts of this case are stated in the opinion of the court. The decree of the Circuit Court was rendered by Woodson, Judge, at October term, 1851.

The facts of this case are stated in the opinion of the court. The decree against Margaret B. Lane and John F. Hunt was rendered at the August term, 1847, of the Madison Circuit Court, for the sum of $3,501.06; and they sued out this writ of error.

The appellees bring suit to recover of the appellant á certain amount of the appellant’s subscription for the stock of the appellees, and file their declaration, setting out that six persons therein named, and their associates, successors, and assigns, were created a body corporate and politic, under the name and style of the Alton and Sangamon Railroad Company; that the plaintiffs were and are the said body corporate and politic, and that on the day of , A. D. 1849, at the…

This action was, like the preceding case, brought to recover the amount of subscription due on five shares of stock, subscribed for by Klein, in the books of the Alton and Sangamon Railroad Company. The terms of subscription will be found in the case of Banet. The case was decided by Davis, Judge, without the intervention of a jury, at November term, 1851, of the Sangamon Circuit Court. The facts appear in the opinion of the court.

This was an action of assumpsit, instituted by the appellees in the court below, to recover the assessments made on fifty-shares of stock which they alleged had been subscribed by the appellant, to the capital stock of said company.

This was an action of replevin, commenced by Fenn against Mason, in the Marshall Circuit Court, for one boiler for a steam-engine, one back-stand and one mud-valve, belonging to said boiler — said boiler, &c., the same that were sold and conveyed by John W. Baxley to said Fenn, by chattel mortgage, and then in possession of Baxley, at Smith’s Mill, in Lacón, at the time of bringing suit, in possession of said defendant in engine-house attached to said mill.

This was a proceeding for the enforcing of a mechanic’s lien, commenced by Chapman in the Ogle Circuit Court, and taken by the change of venue to Lee county.

This was an action on the case for malicious arrest, &c., commenced by Burnap against Marsh and Wight, as attorneys, for suing out a writ of ne exeat, and causing the arrest of Burnap. The action was commenced in the Winnebago Circuit Court, and taken by change of venue to Ogle county.

The judgment in this case was rendered by T. C. Browne, Justice, at April term, 1846, of the Boone Circuit Court. The plaintiffs in error, minor children of the mortgagor, now deceased, sue out this writ of error. The facts of the case will be found in the opinion of the Chief Justice.

This cause was heard before Kellogg, Judge, and a jury, at March term, 1852, of the Peoria Circuit Court. Verdict and judgment for plaintiffs in the court below. The defendant below prayed this appeal. A statement of ihe case will be found in the opinion of the court.

This cause was heard before H. T. Dickey, Judge, and a jury, at December term, 1851, of the Cook County Court. Verdict and judgment for plaintiff in the court below, for $200. The railroad company prayed for and obtained the appeal. The facts of the case will be found in the opinion of the court.

The opinion of the Chief Justice embodies a history of the questions raised upon the record in this case. This cause was heard before Sheldon, Judge, and a jury, at March term, 1852, of the Jo Daviess Circuit Court, and resulted in a verdict and judgment for Silverburgh. The Morrisons took this appeal.

This is an action of debt against Thurber for violating the 22d and 23d sections of chapter 64 of the Revised Statutes, entitled License, by his acting as the agent of a foreign insurance company without complying with the terms and conditions of said sections. Thurber demurred to the declaration of the plaintiffs, which demurrer was sustained by the Circuit Court, H. T. Dickey, Judge, presiding, at May term, 1851, and judgment thereon rendered for the defendant.

<p>APPEAL PROM LA SALLE.</p> <p>After an agreement to lease premises has been made, but the owner notifies the applicant for a lease, that he cannot take possession until a lease is made and security given for the rent; if the applicant subsequently takes possession, in defiance of the notice, and cultivates a part of the premises at the same time with the owner, he cannot recover of the owner in trespass, although the owner harvested and retained the entire crop.</p> <p>A notice not to take possession of premises agreed to be leased, where the lessor requires something farther to be done, is all that is requisite to prevent the lessor from being dispossessed of the premises.</p>

This cause was heard before Davis, Judge, and a jury, at the September term, 1851, of the Tazewell Circuit Court. The opinion of the court contains a statement of the case.

A statement of the facts will be found in the opinion of Judge Trumbull. . The decree in this case was entered by T. L. Dickey, Judge, at March term, 1852, of the Bureau Circuit Court.

This was an action instituted in the Jo Daviess county Circuit Court, to recover the amount of a promissory note for $500, made by the appellant, and payable to the appellee. The declaration is in the usual form, and the pleas were non assumpsit and usury; a demurrer was interposed to the plea of usury, which was sustained by the court.

This was a proceeding by information, in the nature of a quo warranto, originally commenced in the Winnebago Circuit Court, and removed to the county of Stephenson, by change of venue.

This case was heard at the May term, 1852, of the Kane Circuit Court, Wilson, Judge, presiding. Trial by jury. Verdict and judgment for Grimes for $>110 and costs. The railroad company brought the cause to this court by appeal. The opinion contains a statement of the case.

This cause was heard before Henderson, Judge, and a jury, at the December term, 1850, of the Winnebago Circuit Court, on a change of venue from the county of Ogle, and resulted in a verdict and judgment for the appellee. Hitt, one of the defendants below, brought the cause to this court by appeal. The pleadings and facts of the case are sufficiently stated in the opinion of the court.

Searls was convicted in the Lee Circuit Court, Wilkinson, Judge, presiding, of the crime of fornication. The trial was had at March term, 1852. The errors upon which the judgment is reversed are stated in the opinion of the court.

This cause was heard before Wilson, Judge, and a jury, at September term, 1851, of the McHenry Circuit Court, and resulted in a verdict and judgment for the appellee. The facts of the case are stated in the opinion.

This cause was submitted, by agreement of parties, to Wilson, Judge, presiding, in the La Salle Circuit Court, at a special term held in June, 1852. The facts of the case are stated in the opinion.

This cause was heard before Wilson, Judge, and a jury, at May term, 1852, of the Kane Circuit. Court. The facts of the case will be found in the opinion of the court. Tefft appealed.

This cause was tried by Henderson, Judge, without thé in- . tervention of a jury, at the special term in June, 1851, of the Du Page Circuit Court, and resulted in a judgment for Hemming-way, the assignee of the note for the sum of $75.73 damage^ and costs. Thereupon Kelley appealed to this court. The facts of the case are stated in the opinion.

This was an appeal from the decision of the Circuit Court of Kane county, made by T. L. Dickey, Judge, at November term, 1850, upon a motion to quash a fee-bill issued by the appellant, who was clerk of the Circuit Court, against appellees, who had been indicted, tried, and acquitted for malicious mischief. The indictment was found in the Kane Circuit Court, and taken by change of venue to McHenry county.

<p>The opinion of the Court embodies a statement of the case.</p> <p>This cause was heard before Catón, Justice, at March term, 1848.</p>

The facts of this case are sufficiently stated in the opinion of the court. This cause was heard before T. L. Dickey, Judge, and a jury, at May term, 1851. Jennings sued out this writ of error.

The facts of this case are sufficiently stated in the opinion of the court. The pro formd decree upon the agreement of the parties was entered at March term, 1852, of the Ogle Circuit Court, Wilkinson, Judge, presiding.

The facts of this case are stated in the opinion of the court. The cause was heard before T. L. Dickey, Judge, without a jury, at April term, 1850, of the Marshall Circuit Court. • Judgment for Ramsay on the bond, for eight hundred dollars. The defendants in the court below excepted to the finding of the court, and sued out this writ of error.

This suit was originally commenced by the appellees against the appellant before a justice of the peace. A judgment was recovered before the justice for sixty-five dollars and costs. Crosby, the appellant in this suit, and defendant before the justice, appealed from this decision to the Circuit Court of Boone county. At December term, 1851, of the Boone Circuit Court, Wilson, Judge, presiding, the cause was submitted to him without the intervention of a jury.

This was an original suit, submitted to the court, upon an agreed state of facts between the auditor and the defendant, at June term, 1852.

The order dismissing the appeal in this case was entered by H. T. Dickey, Judge, at the June term, 1851, of the Lake Circuit Court. The facts of the case are stated in the opinion.

The agreed case, filed in the Supreme Court, shows, that this was originally an action of debt, brought against Ward, before a justice of the peace in Kane county, to recover the penalty of twenty-five dollars for an alleged violation of the “Act to prohibit the retailing of intoxicating drinks,” “ approved February 1st, 1851. The plea was not guilty. After hearing the evidence, the justice gave judgment for twenty-five dollars and costs.

This was a bill in chancery, filed in the Peoria Circuit Court, February, 1851, by Aikin against Woodbury and James Carroll, to foreclose a mortgage on three hundred and twenty acres of land in Peoria county, which was dated December 24,1840, executed by Woodbury to Aikin to secure the payment of five hundred dollars, to be paid October 1, 1841, with seven per cent. interest, being recited in the mortgage as the purchase-money of said land.

This was an action of assumpsit for work and labor, brought by Lewis against Green in the McHenry Circuit Court. Green, by plea in abatement, sets up that the services rendered were upon the joint liability of Robert Green, the defendant below, and Joseph Green, and not of Robert alone. To this there is a replication traversing the issue upon the plea, and joinder.

Newell commenced this action in assumpsit against twenty-six defendants, returnable at the McHenry Circuit Court. The declaration counts specially upon two promissory notes, which were assigned to the plaintiff. The notes are as follows : “ Woodstock, January 15,1847. “ One day after date, for value received, the McHenry County Printing Co. promise to pay to James Hutchins, or order, one hundred and two and jf0 dollars with interest.

This was an action of assumpsit brought by appellees against appellants as common-carriers, owners of steamboat “ Mooastac,” for the loss of certain goods, shipped on board said boat at St. Louis for Peoria. Plea, non assumpsit, verdict for appellees for f84.58. On the 18th of April, 1851, appellees gave notice to take the deposition of Seymour Rank of Cincinnati. Commission issued May 1, 1851, to take the deposition of Seymour Rank. Interrogatories were propounded to him.

The opinion of the court contains a full statement of the case. This cause was heard by Kellogg, Judge, without the intervention of a jury, at November term, 1851, of the Peoria Circuit Court. The defendant below brings the cause to this court.

This was a bill in chancery, filed by Woodworth against Coates.

Ti-ie petition shows, that the petitioners had sued out a writ of capias ad respondendum against one Henry W. Sims, upon which the sheriff arrested him, and, at his request, took him before the county judge, at his chambers, who, upon an ex parte hearing, and without any notice having been given to the plaintiffs in the writ, made an order discharging Sims from the arrest.

<p>APPEAL FROM McHENRY.</p> <p>Strictly speaking, a party should reduce his exception to writing, and have it signed during the progress of the trial; hut it will he deemed sufficient, if the bill of exceptions is made up and signed during the term at which the cause was tried. This has been deemed requisite, except in cases where counsel consent, or the judge, by an entry on the record, directs that it may be prepared in vacation, and signed nunc pro tunc; and in all cases it should appear on its face, to have been taken and signed at the trial.</p> <p>Where two terms of the court have intervened since the trial, before the bill of exceptions was signed, and no reason for the delay appears upon the face of the record for the delay, the bill of exceptions will be stricken from the record, except under-very extraordinary circumstances.</p> <p>A party must abide the consequences of his neglect, if he does not procure his bill of exceptions to be filed in apt time.</p>

Daniel Currier sued Shaffer before a justice of the peace. On the trial before the justice, Shaffer recovered a judgment against the plaintiff Currier, for the sum of thirty dollars. Currier took an appeal from the decision of the justice, to the Circuit Court of Ogle county.

This was ail action of debt for the escape of one Alexander Dawson from the custody of the defendant Cook, while being sheriff of the county of Cook, and was tried before and sub- mitted to H. T. Dickey, Judge, at the May term, 1851, of the Cook Circuit Court, without the intervention of a jury.

This suit was commenced in August, A. D. 1850, by a capias, on which the defendant was arrested, and released from custody by giving bail; at the October term no declaration was filed, and the cause… Held: and therefore there was no term of court. The judgment appealed from was rendered by Sheldon, Judge, at November term, 1851. A writ of inquiry was awarded, thé defendant having filed a plea of the general issue, which had been withdrawn.

The opinion of the court, contains a sufficient statement of the facts of this case. The cause was heard before Sheldon, Judge, at November term, 1851, of the Jo Daviess Circuit Court. Walker brings the cause to this court, and assigns errors. Walker, the appellant, stood by his demurrer to the declaration, and the court proceeded to render a judgment in favor of the plaintiffs below.

The facts of this case will be found stated in the opinion of the court. This case was heard before H. T. Dickey, Judge, and a jury, at December term, 1851, of the Cook Circuit Court. Verdict and judgment for §69.17. Case brought the cause to this court, and assigned errors.

Weld, for the use of Chickering, sued Carroll in the Cook County Court of Common Pleas, in an action of assumpsit. The suit was commenced by a capias ad resp. Weld counted upon the following note: $416.00 “ Chicago, January 13th, 1851. “ Six months after date, we jointly and severally promise to pay John G. Weld, or order, the sum of four hundred and sixteen dollars, for value received.

Neely was tried at the September term, 1851, of the Stephenson Circuit Court, Sheldon, Judge, presiding, upon an indictment for committing a rape.

O’Reer sued Strong before a justice of the peace in Jo Daviess county, ,by attachment, for the sum of $51.32, and recovered judgment for $25.15 damages, and for $3.10 costs. O’Reer appealed to the Circuit Court of Jo Daviess county, and at September term, 1851, Sheldon, Judge, presiding, the cause was tried by a jury, and resulted in a verdict and judgment, for precisely the same amount that was recovered before the justice.

This was an action of assumpsit, commenced in the McHenry Circuit Court by Adams, against L. D. Dana and another. Process was returned, served on L. D. Dana, Lorenzo Dana not found, at the January term, 1852, of that court. At the return term, the defendants both appeared by counsel, and filed a plea of non assumpsit, and also a special plea. To the plea of non assumpsit, the plaintiff added the similiter, and filed a demurrer to the special plea.

These cases were commenced by proceedings by scire facias, in the Iroquois Circuit Court. The causes were heard before Henderson, Judge, at the October term, 1850, of the Iroquois Circuit Court.

The facts of this case are stated in the opinion of the court, The cause was heard before Kellogg, Judge, and a jury, at the March terra, 1852, of the Peoria Circuit Court.

Cross sued Dufield in assumpsit, for work and labor, laying his damages at one thousand dollars. Dufield filed the general issue, to which there was a joinder. The cause was submitted to a jury, Wilson, Judge, presiding, at March term, 1852, and resulted in a verdict and judgment against Dufield for $140 and costs. Whereupon Dufield prayed for an appeal, and brought the cause to this court.

This was an action on the case for malicious prosecution, brought by Stimpson against Jacks, in the Henry County Circuit Court, and taken, by change of venue, to Rock Island; where it was tried at the November term, 1851, of the Circuit Court of that county, before Wilkinson, Judge, and a jury, and judgment was rendered against Jacks for $500 damages.

During the term in which the judgment in this case was entered, an order was made on the record that the bill of exceptions be filed in vacation. It was filed after two terms of the court had intervened. The defendant in error entered his motion to exclude it from the record.

The appellees, Daniel S. Gray and Ralph Gray, recovered a judgment in the Kane Circuit Court, at the August term thereof. against John Gillilan and Horace Hubbard; who then prayed an appeal, which was allowed, upon condition that they should give the usual bond, with Henry E. Hunt as surety.

Ranicin recovered a judgment against Ballance, at the May term, 1851, of the Peoria Circuit Court. Ballance prosecuted an appeal to the succeeding June term of this court, during which the judgment was reversed and the cause remanded. Prior to the hearing of the case on the appeal, Rankin sued out a writ of error to the Circuit Court, returnable to the present term, of this court. Ballance now enters a motion to dismiss the writ of error.

The judgment, to reverse which this writ of error is brought, was rendered by Wilson, Judge, at the April term, 1851, of the McHenry Circuit Court. The facts of the case will be found in the opinion of the court.

This was an action of ejectment commenced in the Circuit Court of Peoria county, by George C. Bestor against Dennis Blakeley. A trial was had at the August term, 1851, of that court, upon the general issue; which resulted in a verdict for the plaintiff, and the defendant appealed. The facts of the case are fully stated in the opinion of the court.

This was an action of ejectment originally commenced in the Circuit Court of La Salle county, by Merritt & Simmons against John P. Thompson, Elijah F. Wellington, and William Gooding. The case was removed to Grundy county by change of venue; and the death of Gooding being suggested, William C. Thompson was, on motion, substituted as defendant, instead of John P. Thompson and Wellington, without the consent of the plaintiffs.

This bill was filed by the complainants against the defendants below, at the May term, 1848, of the Boone Circuit Court.

This cause was heard at the May term, 1851, of the Cook Circuit Court, before H. T. Dickey, Judge. The bill was dismissed, and an appeal taken to this court. The facts of the case are fully stated in the opinion of the court.

This was an action on the case brought by Devin against Woods in the Circuit Court of Peoria county. Atrial was had in that court May 20, 1852, which resulted in a verdict for the plaintiff. The facts of the case are fully stated in the opinion of the court.