Volume 21 — Illinois Reports

The decree in this case was entered at October term, 1857, of the Gallatin Circuit Court. The opinion of Mr. Justice Breese furnishes a statement of the case.

This action was instituted by the appellee against the appellant, in the Union Circuit Court.

<p>The judgment sought to be reversed by this writ of error, was rendered at the April term, 1858, of the Jersey Circuit Court, by Woodson, Judge.</p>

This was an action of debt, commenced in the Circuit Court of Gallatin county, by Bartley against Bowman. The writ and declaration claimed seventy-sis dollars twenty-five cents debt, and fifty dollars damages. The general issue, and two pleas of partial payment, were filed. Cause submitted to the court, proofs heard, and judgment against the defendant for seventy-nine dollars and ninety-four cents, and costs.

Debt by note in the Washington Circuit Court, brought by defendant in error against plaintiff in error. Declaration in the usual form; amount of debt, $372.55 ; damages, $200. Summons in debt, issued 4th March, 1857, against plaintiff in error, in favor of defendant in error, plaintiff in the court below, for $372.55 ; damages, $100 ; returnable to March term, A. D. 1857, of said court.

This was an action of trespass, brought by Chapman against Eason and others, in the Williamson Circuit Court, for the supposed killing of a stable horse. The defendants below pleaded the general issue. There was a trial before Parrish, Judge, and a jury, at September term, 1857, of the Franklin Circuit Court, on a change of venue from Williamson, which resulted in a verdict and judgment for plaintiff below, of five hundred dollars.

This was a suit to foreclose two mortgages, both on same parcel of real estate—the first by C. H. Barney to Reuben Barney, and assigned (notes and mortgage) to plaintiff; and the second by Burgwin and wife to plaintiff. By the original and amended bills, it appears 0. H. Barney mortgaged to Reuben Barney, on the 4th of March, 1854, to secure five notes, amounting in all to $240, and being part of the purchase money of said premises, owing by said C. H. Barney.

Tee facts of this case are set out in the opinion of Mr. Justice Breese.

This cause was brought into the Circuit Court of Hamilton county by appeal from the County Court, from a hearing had in the County Court on application, by the Bank of the Republic, for a reduction of the assessment of the property of the said bank, as made by the assessor of Hamilton county for the year 1857, the County Court having refused to reduce said assessment.

At the April term, 1857, of Sangamon. Circuit Court, the people, by the circuit attorney, upon the relation of Gustavus Koerner, George T. Brown and Richard Yates, informed the court that on the first day of November, A. D. 1848, by virtue of the act entitled, An Act for finally closing the affairs of the State Bank of Illinois, approved March 1st, 1847, the Governor duly appointed Nicholas H. Ridgley, Uri Manly and John Calhoun, trustees to take charge of the assets and…

In 1856 a voluntary association, in the name and - style of the plaintiffs, was formed for the construction of a railroad from Tónica to Jacksonville, in this State, contemplating an application to the next session of the legislature for an act of incorporation. Said association was organized by the election- of officers,,and subscriptions of stock, in shares of one hundred dollars each, were obtained in that year, for a large amount.

This case has been brought to this court under the following agreement: On the first of September, 1857, the defendants, of Morgan county, Illinois, made a note of some $2,000 to Samuel P. Thompson, of the same county, at six months date, and to secure the payment of the same, executed a chattel mortgage of the items of property named in a receipt hereinafter copied.

This was an appeal to the Circuit Court of Morgan county from an assessment of damages for right of way across the farm of Caldwell. In the Circuit Court there was a trial by jury. Eight witnesses were examined. A part of these thought the land was more benefited than injured by the right of way granted to the road. The others, who were farmers, estimated the damages from $1,000 to $1,200.

This was an action of assumpsit brought in the Madison Circuit Court, by the defendants in error against the plaintiff in error, for work and labor alleged to have been done by the said defendants for the said plaintiff. Plea, the general issue.

This was an action of assumpsit, ^commenced against the defendant below, a non-resident, by writ of attachment, returnable at the September term, A. D. 1857, of the Circuit Court of Logan county. The affidavit is as follows: STATE OF ILLINOIS, LOGAN COUNTY, 1 ss. Circuit Court op Logan County, September Term, A. D. 1857.

This was an action of assumpsit by the appellant, against the appellee, upon a promissory note.

This was an appeal from a justice of the peace, to the St. Clair Circuit Court, Snyder, Judge. There appears on the record a transcript from a justice of the peace, showing that Thomas recovered a judgment of $50 against Shook, on a note, from which judgment Shook appealed to Circuit Court. There appellant moved for continuance upon the case being called for trial, which motion was overruled, and to which ruling appellant excepted.

This was a bill in chancery, filed by Dill and others against the Wabash Valley Railroad Company, to enjoin said company from collecting judgments obtained against the complainants for thirty-five per cent, on the capital stock subscribed by them to said company, and also from instituting suits to coerce the collection of the residue of the stock subscribed by complainants to said road, upon the grounds that according to the terms of the said subscription, the stock was to…

This was an action of assumpsit, by the Rock Island and Alton Railroad Company against the appellant, Rice, for instalments upon his subscription for stock. The declaration contains three counts—the first and third special, averring the organization of the company and an order by the directors for payment of the instalments; the second, the common indebitatus count.

<p>This was an action of assumpsit commenced by the plaintiff in error against the defendant in error, in the Menard Circuit Court, Harriott, Judge, and by the said company brought to this court by writ of error. The action was brought to recover for price of stock subscribed. The cause was first tried before a justice of the peace, where the jury found a verdict for the railroad company, and this was appealed to the Circuit Court of Menard county, and there tried, and in which court the jury found for the defendant.</p> <p>On the trial below, the railroad company proved and read their charters, proved its organization, then introduced the subscription books of the company, and read the subscription of the defendant Stein, who had subscribed $100; proved the making of the calls according to the charter, and proved that Stein lived in the fourth division. The plaintiff then introduced L. M. Green, who being sworn, said he saw various and continuous acts done by the company, its agents, hands, engineers, surveyors and other persons on and along said road as early as July, 1857, and down to the present time ; and the said company proved that at a public meeting, held at the court house in the town of Petersburg, at which Mr. William M. Cougill was chairman, and Henry L. Clay was secretary, Mr. Stein was present, and that he authorized said secretary Clay, to sign his, Stein’s, name, and to subscribe for one share in said capital stock for the defendant; that said secretary did so, as per request and authority. This signing was first on a small slip of paper, but was put regularly on the subscription books the next morning, or within three days thereafter.</p> <p>The defendant then introduced J. M. Miles, who said in substance : “ I was present at the meeting. The road wanted to raise $2,300, which sum was necessary before the road could be commenced, and if that sum was raised, the road would locate the depot in the bottom, in Maj. Harris’s cornfield, or would bring the railroad through the town and thence along the southern route—provided that if the southern route cost more, the citizens of the town would make up that sum, and that the depot should be in the bottom at all events. I asked Mr. Bennett to say whether I had stated the matter rightly. Bennett being the railroad agent, or was getting subscriptions, said that what I stated was correctly stated, but went on and gave additional reasons. He said that the depot should be placed in the bottom at all events. After stating some other conditions, Mr. Green, another agent of the railroad company, said that the depot should be placed opposite to the street east of the public square in said town of Petersburg. I called on the people to come up, and, under these conditions, subscribe for the stock. The subscriptions were put on a piece of naked paper. There was no heading to it; don’t recollect anything about Stein. The depot is not in the town as represented. It is about three hundred yards further off. Thought the subscribers were to pay only under the conditions. This book—the subscription book, explains what I say, but does not specify the conditions—do not know anything about Stein’s subscription—did not see him that I know of. I did not hear Mr. Bennett say anything about the conditions at all in the meeting. He might have said he would not receive conditional subscriptions.”</p> <p>The defendant further introduced one H. Bailes, who was asked under what condition the subscription was made. He stated substantially as follows: “ I was present at the said meeting, and agree in substance to what Mr. Miles has just said. I did not hear Mr. Bennett say anything about conditional subscriptions. The subscriptions were rather subject to the conditions which Mr. Miles stated.”</p> <p>The plaintiff then called L. M. Green, who stated: “ I was present at the meeting: was there before it organized, and staid till it closed. Was with two of the directors, Green and Bennett, and they told Mr. Miles and myself to get up the meeting, and that we might then assure the people that the said depot should not be put on Bennett’s meadow, but would make it on the bottom, subject to conditions. I was present, and distinctly heard Mr. John Bennett, the director, say he could not, and would not take conditional subscriptions to the railroad stock—said he had no authority to do so. He repeated this.” The plaintiff then introduced Henry Clay, who stated in substance : “ I was at the meeting aforesaid—was its secretary. I heard Mr. Bennett say distinctly, at and in said meeting, that he wgs not authorized to take, get or receive, conditional subscriptions, but would give them every assurance that the depot should not be on the hill. The depot is not in Bennett’s meadow. These were the important points, and 1 remember themT The jury found for defendant.</p>

Petitions to enforce mechanics’ lien were filed by the defendants in error, in which the property sought to be subjected to' lien and sale, was described as “ a certain piece or parcel of land situate in said county, and described as being about three-acres of land lying in the south-east corner of the south-west quarter of the north-west quarter of section twenty-two, in township fifteen north, of range ten west of third P. M.” At the appearance term, Quackenbush was…

This was an action of assumpsit, brought by the appellee against the appellants, in the Circuit Court of Adams county. At the June term of said court, 1858, Sibley, Judge, presiding, a judgment was rendered by default against the appellants, and in favor of the appellee, for $2,762.50 damages. Said damages were assessed by the clerk under an order of the court.

This cause was tried at the May term, 1858, of the Cass Circuit Court, before Woodson, Judge, without the intervention of a jury. The case is fully stated in the opinion of the court.

Green claimed the property levied upon, as exempt from execution. On the trial of right of property, the case was submitted to the court, Harriott, Judge, presiding, who found the law and facts for Green. Cole, the plaintiff in execution, took exception, and brings the cause to this court.

This was an action of debt, commenced by Nichols against Stewart and Calbreath on a sealed note, dated Oct. 4th, 1856, for $500, payable by defendants, jointly and severally, six months after date, with interest at two per cent, monthly until paid. Plaintiff filed a declaration with a special and the common counts, but before any plea was put in, withdrew the common counts.

The affidavit in this case states an indebtedness under a written contract, for work and labor and materials. The declaration is'on common counts. A motion to dismiss suit for want of declaration, was sustained, and the suit was dismissed.

This was an action of assumpsit brought'by the defendants to recover the price and value of a mule bargained, sold and delivered by the defendants to the plaintiff. Plea of general issue; trial by jury. It was in proof that the Moffets had a public sale, and among other property, a mule was put up for sale and was struck off to plaintiff for $89.

This was an action of assumpsit, brought by the city of Alton against the county of Madison, to recover the sum of five hundred dollars, for the support and maintenance of one Constantine Shook, an insane person residing in the city of Alton, but owning property in her own right.

This was an action of trover for fifty head of cattle, tried at the October term, 1858, of the Coles Circuit Court. Plea not guilty—verdict for plaintiff for $1,050. Motion for new trial overruled. Bill of exceptions filed, and appeal taken.

It is alleged in the bill filed in this behalf, that sometime about the 28th day of September, 1850, the school commissioner of McLean county, illegally sold to William H. Allen and James Allen, Jr. That this sale was illegal and void, because the prerequisites of the law had not been complied with; that the said Allens had received a patent from the governor; but as the sale to them was illegal and void, they hold the legal title in trust for the inhabitants of the…

The record in this case presents an indictment preferred by the grand jury of Clay county, against the plaintiff in error, “ for playing at a game with cards, for money, to wit: the sum of one dollar.” The defendant was arrested at the return term of the writ, appeared, and it appearing that he played with no other person, as charged in the indictment, moved the court to quash the indictment, as charging no offense under our statute.

On 17th March, 1857, Beard, as principal, and appellants as his sureties, executed a bond to the County Court of Oass county, in the penalty of one thousand dollars, with condition, “ That whereas, the above bounden Alexander Beard was elected a marshal in the city of Beardstown, and by virtue therof a constable of Cass county, on the 16th day of February, 1857: Now if the said Alexander Beard shall well and truly account for and pay over all moneys that may come to his…

<p>ERROR TO COLES.</p> <p>Any alteration in a written contract, however slight, which changes its terms, made by one party without the consent of the other, will discharge the party or a surety not agreeing to the alteration.</p> <p>If both the parties to a contract agree to an alteration of it, they are still bound by it, bat the surety of either will be discharged. If the surety, however, consents to the alteration, or if he subsequently, with a full knowledge of the facts, approves of it, he remains bound for the performance of the agreement.</p> <p>Adding the words “ $10 dollars and fifty interest,” immediately after the words “value received,” in a promissory note, is-not a material alteration; such words would be construed to mean that a portion of the value received by the makers, consisted of ten dollars and fifty cents of interest.</p>

The Jacksonville and Savanna Railroad Company was incorporated by a special charter, by an act approved February 14, 1855, and authorized to construct a railroad from Jacksonville, by the way of Liverpool and Canton, to Savanna, and by an amendment, to Galena.

At the July term, 1858, of the Macon Circuit Court, Shasted as assignee, obtained a judgment, by default, against Peak, a minor, on a note dated 28th March, 1858.

This was an action of trespass. The declaration was filed for March term, 1858, of the Clinton Circuit Court, against defendant, for committing divers trespasses upon the S. E. i, N. E. i of section 9, T. 3, R. 2 West, in Clinton county, Ill. Defendant filed four pleas: 1st. The general issue, upon which issue was joined. 2nd. Liberum tenementum in James Russell, for whom he, defendant, claimed to be the servant or agent, and therefore justified the trespasses. 3rd.

This was an action of ejectment, brought by the plaintiff in error, to recover possession of the east half of lot two, in the north half of claim 2209, survey 607, containing 69acres. The cause was tried at the August term, 1856, of the St. Clair Circuit Court, by court and jury, and judgment rendered in favor of defendant. The plaintiff moved for a new trial, at common law, which was overruled.

Complainant, who is plaintiff in error, filed his bill in chancery in the St. Clair Circuit Court, alleging that Howe executed to Morgan three notes, two for ' $500.00 each, and one for $1000.00, payable, the first in nine, the second in fifteen, and ■the third in twenty-four months, from date,and dated March 28th, 1857, together with a deed of trust to Seaman, in the usual form, to secure the payment of the notes, with power to sell in case either note was not paid—that…

This cause, by agreement of parties, is certified to the Supreme Court, to be reviewed on the following agreed case, to wit: Plaintiff contracted with one Lewis Massie, for sale and conveyance of 100 acres of land for $1,700.

This case was submitted upon the following agreed state of facts. The decree was rendered by Woodson, Judge, at October term, 1858, of the Morgan Circuit Court. At the October term, A. D. 1858, of the Morgan Circuit Court, Gabriel Marckle filed his bill for the foreclosure of two mortgages executed by William R. Miller, on the same tract of land.

This was an action of assumpsit on a note, brought by defendant in error. The declaration contained one count, on the note. The defendant below, by consent of plaintiff’s counsel, was given time to plead, the rule expired, and there was a judgment by default, for want of plea, for amount of note. Afterwards, a plea of the general issue, bearing file of date prior to judgment, appeared of record.

<p>APPEAL EROM ST. CLAIR.</p> <p>A judgment will not be reversed because the court below admitted improper evidence, if sufficient legal evidence appears in the record to sustain the verdict.</p>

This is an action of trespass on the case, brought by George Ball against James E. Bruce for the seduction of the sister-in-law of the plaintiff, one Eliza Alsup, an orphan girl, aged about fourteen years.

This was an action of assumpsit on a promissory note, commenced by Pricer against Peak and another, in the Circuit Court of Macon county, Emerson, Judge.

This was an action of covenant brought by John 0. Bailey, against Joshua Moore and Ira T. Munn, upon a general covenant of warranty in a deed of conveyance in fee of Lots 19, 20, 21, 22, 23, 24, in block No. 4, in Collins’ Addition to the town of Naples. The deed was executed to Bailey by said Moore and Munn, and by Charles Collins and his wife, on the 1st day of September, 1836.

This is a case arising under the revenue laws of this State, and comes up from the county of Pike. It appears by the papers filed in this case that the defendant sold several tracts of land previous to April 1,1857; that part of the purchase money was paid down, and notes taken for the payment of the balance; that Worthington executed bonds for deeds in some cases, and in others, deeds, and took mortgages.

This opinion of the court, was upon a rehearing of this cause, as reported on page 194 of the eighteenth volume of these Reports, where the facts are fully stated. The petition for a rehearing was filed by the defendants in error.

This was an action of assumpsit, brought by Kile & Nichols originally in the Edgar Circuit Court against John Crabtree, on a promissory note, dated October 4th, 1856, for $2,550.00, executed by Crabtree to Kile and Nichols, for a lot of eighty-one head of fat cattle sold by plaintiff to defendant, and removed by change of venue to Coles county. The declaration contains a special count upon the note, and the usual common counts.

Jacob Augustus commenced an action of trespass on the case against the Terre Haute, Alton and St. Louis Railroad Company, in the Edgar Circuit Court, and filed his declaration, alleging that the Terre Haute, Alton and St. Louis Railroad Company, with the locomotive and cars under the management and control of its agents, on the first day of January, 1856, by and through the negligence, etc. of its servants, and from the carelessness and neglect of the company to enclose…

This was an action on the case commenced by Vanatta against the Railroad Company in the Montgomery Circuit Court, Rice, Judge, to recover damages for being put off a train. The evidence showed that when the conductor called upon Vanatta for his fare, he offered a lay-over ticket, with a hole punched in it, which was void by the regulations of the company, and as he refused to pay his fare, the conductor put him off the train, about three miles from a station.

This was an action of assumpsit on a promissory note, brought by Dutton against Buntain, The declaration contains a special count upon the note and the usual common counts.

This was a suit in the Pike Circuit Court, brought by defendant in error against plaintiff in error, upon two promissory notes executed to defendant’s,intestate. The declaration counted upon said notes; also had a count upon a judgment of the Court of Common Pleas of Defiance county, Ohio, rendered against the defendant.

The declaration in this case, which was demurred to, is as follows: Alexander T. Lane, etc., partners, trading and doing business under the name, style and firm of A. T. Lane 2nd Count.

This was an action originally instituted before a justice of the peace, to recover the penalties provided for in the tenth section of the road laws, for obstructing and continuing an obstruction in a public road after notice to remove the same. On the trial of the cause in the Circuit Court, judgment was rendered for the informer, the plaintiff below, and the defendant belosv brings the case to this court.

This was an action of replevin, brought by Ruckman against Alwood, in the Mason Circuit Court, and taken by change of venue to Tazewell, and tried before Harriott, Judge, and a jury, at the April term, 1858. The action was brought for taking a stack of wheat; the affidavit, bond and declaration, were in the usual form. The defendant pleaded non cepit, property in himself, and upon both which issue was joined.

This suit was commenced by filing account in the Probate Court. Judgment against estate for $208.40. John N. Buell, administrator of the' estate of John N. Buell, deceased, appealed to the Circuit Court. Bill of exceptions shows that a jury was waived by parties, and a trial by the court.

The town of Petersburg, in the county of Menard and State of Illinois, had filed before one J. J. H. Pillsbury, a police justice, in and for said town, a complaint against said defendant, charging him with violating the 2nd section of ordinance No. 7, of the town ordinance, by-laws of the town of Petersburg. The said defendant was tried before the justice and fined ten dollars, and thereupon he appealed to the Circuit Court of Menard county.

Plaintiffs in error filed their bill in chancery in the St. Clair Circuit Court, to set aside the will of John Woodside, deceased, alleging that he was not of sound mind and memory at the time of making his said supposed will. The defendants’ answer denied this allegation, and to the answer the plaintiffs filed a general replication. The court ordered a feigned issue at law to try the validity of said will.

This was a bill in chancery, filed in the Morgan Circuit Court, Woodson, Judge, by defendants in error, against plaintiff in error, stating that on the 18th of June, 1852, they conveyed to Holland one-half of a lot in Jacksonville for $1,000 cash, and his two notes for $1,250 each, at one and two years date, with annual interest; and if Holland should sell the property afterwards at a profit, deducting the costs of improvements made by him, he was to pay them half the…

Hasicell sued Thompson on a guarantee of a note. The declaration contained a special count on the note; there were also the common counts for money had and received. There was a judgment by default, upon an assessment of damages by the clerk, upon all the counts in the declaration. The sheriff’s return to the service of summons was signed “ James A. Dick,” without anything added to the signature to indicate who James A. Dick was, or what office he held.

This was a suit commenced in the County Court of Macon county, by Bunn and Goode, on a written contract between them and Charles H. Sheppard, deceased, and by them appealed to the Macon Circuit Court at the November term, 1858, and tried by said court without the intervention of a jury, and judgment rendered for plaintiffs for $40.00, from which plaintiffs appealed.

This was an action of covenant. The declaration alleges that defendant granted certain real estate to plaintiff, and by Ms deed of conveyance, “ covenanted with the plaintiff, among other things, that the premises conveyed as aforesaid, were free of all incumbrances, done or suffered from him, the said defendant, except the rents and services that were reserved ”—that at the time of executing said deed, the said premises were in the possession of certain tenants of the…

This was an action of assumpsit, brought upon a note made payable to Alfred Ward or Charity D. Ward, his wife, and given for two hundred and fifty dollars, made payable on or before the twenty-fifth day of December, one thousand eight hundred and fifty-five. The note was signed J. L. Reim, and the appellants. The declaration declared specially upon the note, and had also the common counts. The suit was brought in the name of Charity D. Ward.

This bill alleges that before 25th October, 1848, one Amos S. Burk was desirous of purchasing the north-east of 13, and west half, south-east 12, 4 north, 3 west, and at the same time Daniel Miller was desirous of purchasing the east half of last tract; that Burk and Miller agreed verbally that- Burk should go to Quincy, where agent of owners of said lands resided, and purchase said lands in his own name ; that Miller should place $30 in hands of Burk, as said Miller’s…

Benjamin M. Smith and others, as partners, commenced an action of assumpsit against Henkle and others, as partners, in the Macon Circuit Court, Emerson, Judge; filed their declaration, alleging in first count, that on the 25th of August, 1857, plaintiffs below had sold to defendants below their whole crop of wheat for a price therein named, the same to be of fair quality for the season, and to be delivered at Macon Station, on the Illinois Central Railroad, in a reasonable…

This was an action of assumpsit commenced by Lee against appellants, in the Cass Circuit Court, Harriott, Judge, on the following note: “$2,025. Virginia, Dec. 15, 1856. On the 1st day of April, A. D. eighteen hundred and fifty-eight, we jointly and severally promise to pay Thomas Lee, or order, the sum of two thousand and twenty-five dollars, with six per cent interest from date, for value received. Attest R. S. Thomas. JOHN L. THOMPSON.

On the 14th day of November, 1856, John H. Smith filed in the clerk’s office of the Circuit Court of Bond county, Illinois, an affidavit in replevin, setting forth that he was lawfully entitled to the possession of a certain one-horse buggy, nearly new, etc., worth about ninety-five dollars; that the same was unlawfully detained from his possession by Isaac Smith.

This was an action originally commenced before a justice of the peace, to recover the money paid for a certain worthless bill. The plaintiff is a banker, the defendant is a German, who understands the English language imperfectly, and is a butcher by trade. The cause was appealed to the Circuit Court of St. Clair county, and tried at the September term, 1858, of said court, before the court and jury, Snypeb, Judge, presiding. Judgment was rendered in favor of defendant below.

This was a petition by plaintiff in error against defendant in error for divorce, filed in the Morgan Circuit Court. At the March term, 1858, of said court, there was a decree pro confesso, and cause was referred to the Master, to report testimony. Gertrude De La Hay testified, that the parties married in Memphis, Tennessee. Have four children, two of whom are living. Parties lived together from date of marriage till separated by the causes mentioned in the petition.

Appellee sued appellant before a justice of the peace, on an account; the suit was appealed to the Circuit Court of Scott, where there was a judgment for appellee for $54.96.

This was an action of debt, commenced by Howard against Babcock, in the Fulton Circuit Court. The declaration contained seven counts, the three first upon an award in writing, by arbitrators; the fourth, for a mare sold and delivered; the fifth, for chattels, mares, horses and lands bargained and sold; the sixth, for money paid, etc.; and the seventh, on account stated.

Smucker sued out this writ of error to the Morgan Circuit Court.

This cause was commenced in the Circuit Court of Fulton county, on the chancery side, by John Brown, administrator of James Brown, deceased, to foreclose a mortgage given to his intestate, by William Flowers.

Henrickson, who had been sued in the same action with Harry Reinback and Hiram Van Winkle, sued out this writ of error to reform a judgment which had been rendered in the Circuit Court of Morgan county. The state of the record in the Circuit Court, is stated in the opinion of this court.

This judgment was pronounced upon a subscription to stock, reciting that, “ We, the undersigned, promise to pay to the Indiana and Illinois Central Railway Company, .fifty dollars for each share of capital stock set opposite to our names, in such maimer and proportion, and at such times as the directors of said company may order and direct, without any relief whatever from valuation or appraisement laws.” The pleadings in the case are stated in the opinion of Mr. Justice…

This was an action of trespass quare clausum fregit, brought in the Circuit Court by the appellees, who were plaintiffs, against the appellants, defendants. The declaration alleged that the defendants “ on the 1st day of October, A. D. 1857, and on divers other days and times,” etc., “ with force and arms, broke and entered the close of said plaintiff, Eliza R. Jones,” etc. Defendants denied the trespass, pleading the general issue.

The facts of this case are stated in the opinion of the court. The cause was tried before Harlan, Judge, at October term, 1858, of the Crawford Circuit Court.

This was a suit in assumpsit, instituted in the Circuit Court of Shelby county, by the Terre Haute and Alton Railroad Company, against Daniel Earp, the defendant in error, to recover the sum of five hundred dollars, subscribed by him for ten shares of the capital stock of said company.

This was a suit for partition in chancery, and for the correction of an error in a deed made by Susannah Forquer to her children, conveying certain land devised to her by her husband, William Forquer. The suit was brought by defendants in error against the plaintiffs in error, at the March term, A. D. 1856, of the St. Clair Circuit Court.

This was an action of ejectment, to recover the undivided one-third of the east forty acres of the north-west quarter of section 23, in township 12 north, range 12 west 3rd P. M., in Green county. Plaintiff claims the premises as one of the heirs of Francis G. Smyth, who died testate about the 19th day of April, 1839. Said Smyth, deceased, died, leaving a wife and three sons.

r~' On the 24th day of August, 1858, the People of the State of Illinois filed in the Morgan Circuit Court, their declaration against the Morgan County Bank, in debt; averring that on the 11th day of April, 1858, at Jacksonville, Morgan county, Illinois, said bank was a body politic and corporate, doing a banking business pursuant to the laws of said State, and subject as such to have taxes levied on and paid by it: and that on the 22nd day of July, 1857, at said county, the…

This was an action of assumpsit, for breach of promise of '■marriage, tried at the August special term of the Fulton Circuit Court, before Bailey, Judge, and a jury. The first count of the declaration is upon a promise to marry on request, the second on a promise to marry in a reasonable time, the third upon a promise to marry in the latter part of the fall or fore part of the winter of 1856, and the fourth on a promise to marry generally. The general issue only was pleaded.

This was an action of ejectment, brought by Dills against Hubbard, to recover possession of the south-west quarter of section seventeen in town two north, range five west. There was a plea of not guilty; there was a trial and verdict for the defendant. Motion for a new trial was overruled, and there was a judgment for the defendant; the plaintiff below, Dills, prayed this appeal.

This was an action of replevin, commenced by James A. Brundage, the plaintiff in error, against Wm. Camp, the defendant in error. The suit was instituted by the plaintiff, against the defendant, for two mules, in the Circuit Court of Sangamon county. The cause was tried, October term of said court, A. D. 1857. The action of replevin is for the unlawful detention of the mules of the plaintiff by the defendant; not for the taking.

This cause was commenced by bill in chancery, filed in the Fulton Circuit Court, October 9, 1857, by the Board of Supervisors of Fulton county, against the Mississippi and Wabash Railroad Company, and John W. Ingersoll, William N. Cline, A. L. Hasleton, Thompson Maple, and John H. Piersol, requiring several and respective answers from them under oath, and praying an injunction, restraining the issuance of $60,000, of the bonds of said county, to the central division of said…

This was an indictment for the murder of Sophie W erner. The bill was found in the Cook Circuit Court, at the June special term thereof, A. D. 1858. The prisoner, Jumpertz, was arraigned, and plead not guilty, and the cause was continued. In September following, the indictment was certified by the clerk of the Circuit Court, to the Cook County Court of Common Pleas.

The appellees, Alexander H. Heald and Levi H. Waterhouse, on the 9th February, 1857, filed in the Circuit Court of Cook county, a petition for a mechanics’ lien, setting forth that on or about the 26th June, 1856, they being mechanics, Theodore F. Cook entered into an agreement in writing, with them, (which, with the specifications therein alluded to, are attached to and form part of said petition,) whereby they agreed, iii consideration of the payments to be made by said…

The appellee, Vreeland, on the 9th February, 1857, filed a petition in the Cook Circuit Court, for a mechanics’ lien; setting forth that on or about the 1st day of June, 1856, the petitioner being a mechanic, Theodore F. Cook entered into an agreement with him in writing ; that by the said agreement, he agreed with said Cook, in consideration of the payments to be made by said Cook, to build, finish and complete, in a careful, skillful and workmanlike manner, and furnish…

This case presents much the same pleadings and facts, as the two preceding ones, and therefore need not be fully stated.

This was a writ of error from a decree of the Circuit Court of Tazewell county, granting a divorce of the parties. There was a trial by jury, before Harriott, Judge, at April term, 1858, of the Tazewell Circuit Court.

This case was an indictment against the plaintiff in error for obstructing a public highway, leading from Princeton to Green River, in said county, on the 11th May, 1857. The defendant was convicted at the April term, 1858, of the Circuit Court of said county, Ballou, Judge, presiding, to reverse which judgment this writ of error is prosecuted.

At the August term, 1856, of the County Court of Grundy county, E. P. Seely was duly appointed guardian of the persons and property of Frank Guernsey and John M. Guernsey, infant heirs of John M. Guernsey, late of said county, deceased.

• The complainants’ bill shows, that the complainants are residents and tax-payers of the city of Rockford, in the county of Winnebago, that the assessed value of the property upon which they… Held: and conducted in all respects, and the returns thereof made, as in cases of annual elections. “ Sec. 8.

This was an action of ejectment, brought by Van Court, in the Bureau Circuit Court, at the January term, 1857, to recover the possession of the south-east quarter of section 1, town 15 north, range 13 east, in Bureau county. The declaration and notice are in the usual form. At the September term, 1857, the defendant filed his plea, and a trial was had by the court, and a finding and judgment for the plaintiff, and the defendant took an order for a new trial under the statute.

<p>ERROR TO TAZEWELL.</p> <p>A city charter like that of the city of Pekin, which authorizes the passage of ordinances to restrain or prohibit the sale of intoxicating drinks, supposes that the usual means by penalty 'will be resorted to. The passage of an ordinance which declares that liquor shall not be sold, is not within the spirit of the charter.</p> <p>An ordinance prohibiting the sale of beer is not repugnant to the general laws of the State; beer of some kinds being intoxicating drinks.</p> <p>Cities may exercise powers by ordinance, regulating the sale of intoxicating drinks beyond those authorized by the general laws of the State. Greater penalties may be allowed.</p>

This was a distress for rent. There was a trial by jury in the Circuit Court of LaSalle, at the February term, 1858. There was a verdict for defendant, Hollister, Judge, presiding.

This was a bill in chancery, filed by the appellees, in the Cook Circuit Court, on the 24th day of September, A. D. 1853, for the specific performance of a contract for the conveyance of certain real estate.

This was a proceeding under a special assessment warrant of the city of Chicago. Joseph N. Hendricks, city collector, filed in the Cook County Court of Common Pleas, his report, warrant, assessment roll, return, and notice of sale. The report states that special warrants, attached, duly issued and signed, were delivered to him, on or before the second Tuesday of October, 1858.

February 12th, A. D. 1858, Henry Blakesley sued Thomas J. Himes and Charles T. Clippinger, as partners, in assumpsit, returnable to the March term, A. D. 1858. February 12th, 1858, plaintiff, by his attorneys, filed an instrument purporting to be a bond for costs in the above cause, in the usual form, but entitled to the November term of the court, A. D. 1858.

This was an action of debt in the court below, brought to recover of the defendant in error, the two per cent, mentioned in the sixth section of an act, entitled, “ An Act to incorporate the Firemen’s Benevolent Association, and for other purposes,” approved June 21st, 1852.

This was a bill in chancery filed by the appellants against the appellees on the 22nd day of March, 1858, in the Circuit Court of Cook county, setting forth— That on the 18th day of June, A. D. 1855, there was, and before that time had been, a certain street or public highway called Beach street, commencing at or near the south line of block seventy-three, in school section addition to Chicago, and running thence north to Harrison street, in said city, of the width of forty…

This was an action of assumpsit, commenced by the appellees against the appellant and William S. Littell, by summons. The action was upon a promissory note, signed “ W. T. Shufeldt & Co.” The declaration charged the defendants below as co-partners, under the firm name and style of W. T. Shufeldt & Co., and contains a special count and the usual common counts.

This was an action of replevin, commenced in the Knox Circuit Court, to recover one bay mare, claimed by plaintiff, and was tried in that court, before a jury, at the October term, A. D. 1857. Verdict and judgment for plaintiff. Motion for a new trial by defendant overruled.

In this case there was a trial by jury, Powell, Judge, presiding. The jury found for Mecum, plaintiff below, the amount of the note sued on, in connection with the agreement set out in the opinion of the court. Upon this verdict a judgment was rendered. Mecum moved for a new trial, which motion was overruled. The plaintiff below, as well as in this court, assigned the following errors: 1.

This was a scire facias out of the Recorder’s Court of the city of Chicago, upon the following recognizance: This day come the said People, by Carlos Haven, State’s Attorney, and the said defendant, being three times solemnly called, came not, nor any one” for him, but herein fails and makes default, and Andrew Garrison, security for the said Henry Freelove, being three times solemnly called, that he produce the body of said defendant, and failing therein, thereupon It is…

April 2nd, 1855, Jonathan B. Townsand, who was the father of the defendants in error, filed his bill against the plaintiff in error, for a divorce. The bill alleges marriage of the parties in Canada, in 1852, their removal to Illinois, 1853. Summons issued same day. The summons was returned not served, the defendant not being found in the county.

This bill of complaint was filed in Circuit Court of Du Page county, and by change of venue was re-filed in County Court of Cook county, and again filed April 3rd, 1851, in Circuit Court of Cook county.

This was an action of assumpsit commenced by the appellee against the appellant, in Bureau County Circuit Court. Summons issued in December, A. D. 1858, and returnable at the January term, 1859. A declaration was filed in proper time. The cause was called on the third day of said term, and the defendant was called and defaulted, and judgment rendered against him for the sum of one hundred and ninety-six dollars, seventy-five cents.

This was an action of assumpsit. The declaration was filed December 11, 1857, counting upon a promissory note made by defendants. Defendañts, on December 24th, 1857, filed two pleas. One was the general issue, and the other set up a failure of consideration.

<p>appeal prom bureau.</p> <p>Where the parties, by consent, dispense with formal written issues, and submit the cause for decision, by agreement, they will be estopped from assigning for error, the want of joinder or replication to pleas.</p> <p>A party who desires to have a declaration or other pleading, taken as confessed, must invoke the aid of the court, by a default.</p> <p>Parties may dispense with formal pleadings at any stage, and the court may try the case, as if the pleadings had been properly traversed.</p>

This action, assumpsit, was brought in the Cook County Court of Common Pleas, and at the September term, 1858, was tried before the court and a jury. The declaration contains two special counts and the common counts. The counts upon contracts are for the recovery of balance of price upon the completion of the work. The defendant pleaded the general issue, and a plea of set-off.

This suit was commenced by the complainant against the defendants, in the Circuit Court’of Lake county, by bill in chancery, setting forth that Tobias Wynkoop, about the first day of June, 1835, entered upon and took possession, by right of preemption, of certain lands, lying and being in township No. 44 N., R. 11 E. of 3rd P. M., and describing them, in all 1,520 and acres, and that Wynkoop continued to reside upon, occupy and improve said lands from June, 1835, to about…

This was an action of assumpsit brought by the plaintiff, John Handyside, to the March term of the Peoria County Court, A.D. 1858, against John Cameron, the defendant, to recover the price of four yoke of work oxen, alleged to be of the value of $400. The declaration contained one special count, and usual common counts.

This action was commenced in the County Court of Peoria county. The plaintiff filed a declaration in assumpsit on the following promissory note: $694.71. Chillicothe, Jan. 26, 1858. Thirty-six days after date, we or either of us, promise to pay to the order of William Bryden, six hundred and ninety-four and 71-100 dollars, value received, with half of current rates of exchange on New York. ALLEN HUNTER. CYRUS REED. To this declaration the defendants pleaded the general issue.

This was an action of trespass de bonis asportatis. The declaration was in the usual form in such cases, and contains four counts.

Pennick sued Kennedy before a justice of the peace on an account for $96.50, for medicines, services, etc. Pennick filed an account for $98, as a set-off. Kennedy recovered a judgment for eight dollars and costs, from which Pennick appealed to the County Court. In the County Court, Pennick filed an account against Kennedy for $204.50, which the County Court permitted him to sustain by proof.

<p>The facts of this case are stated in the opinion of Mr. Justice Walker.</p>

This action was assumpsit, brought in the Cook County Court of Common Pleas, and tried at the June term, A. D. 1858, before J. M. Wilson, judge, without a jury. The suit was founded upon a promissory note made by the plaintiffs in error, and given to the defendants in error, for three hundred dollars, payable in sixty days, dated the 9th day of April, A. D. 1856. The declaration contained two special counts upon this note, and the common counts.

In this case the defendant pleaded a release of errors by one of two partners of the original judgment in favor of the firm, to which the plaintiff demurred. The demurrer was overruled. Thereupon the plaintiffs below replied, that the release was not the deed of the plaintiffs, and second, fraud and covin, without setting out in what the fraud and covin consisted. To these replications there was a demurrer.

<p>ERROR TO LA SALLE.</p> <p>The city of Ottawa has exclusive control over the streets, etc., within its corporate limits; and the township authorities cannot levy a tax upon the citizens of that city, for the purpose of erecting a bridge within it.</p> <p>Equity will grant relief where a tax is levied, without authority of law, or where it is for fraudulent purposes.</p> <p>On overruling a motion to dissolve an injunction ; before rendering a final decree; the parties should be heard on the merits of the bill, if a default has not been taken.</p>

This is a bill in chancery for specific performance, filed by Lockwood against Murphy, in the Marshall Circuit Court. The bill charges that Murphy and Lockwood, on the 5th day of April, 1851, entered into a sealed agreement for the sale by Murphy to Lockwood of certain real estate in Marshall county.

This was an action of assumpsit brought against Frank Parmelee and others, as common carriers, to the October term, 1857, and was tried before Manniere, Circuit Judge, and a jury, at the June'special'term of said court, 1858. The declaration contains four counts, charging the defendants as common carriers, and the common counts.

This was a petition, for a mechanics’ lien, stating contract with Hunt & Bailey in latter part of October, 1857, for sale and delivery of lumber for dwelling-houses on lot one, block thirty-five, in Underhill’s addition to Peoria, which lumber was to be delivered at customary market price, as Hunt & Bailey might want it, and was to be paid for on the first day of April, 1858.

This was a suit in assumpsit, by Meyres against the company.

This was an action of trespass. Declaration in usual form— two counts for taking twelve hogs. First plea, general issue.

This case was tried before Davis, Judge, at December term, 1859, of the McLean Circuit Court, without a jury. The case is fully stated by Mr. Justice Walker, in the opinion of the court.

This was an action of assumpsit, upon a note and an account. The defendant filed the general issue, as also special pleas. On the 16th day of July, 1857, the pleas were filed, verified by defendant.

This is a writ of error to correct an order of the Cook Circuit Court, dismissing the bill for want of jurisdiction.

Gutchins was indicted at the April term, 1859, of the Recorder’s Court for the city of Chicago, before R. S. Wilson, for having in his possession a certain false, forged and counterfeited bank bill, which said false, forged and counterfeited bank bill, is there set out and described, purporting to be a two dollar bill of the Delaware City Bank of Kansas, which he feloniously passed to one Jeremiah dowry, as true and genuine, with intent to defraud, etc., Gutchins knowing the…

This was an action in case for killing cattle, brought by appellees against appellant, Nov. 27th, 1857.

This was an action of assumpsit, brought by the appellee against the appellant. The declaration contains five counts : The first for the use of apartments, etc., meats, drinks, fuel, etc. The second, for washing, mending, nursing and attendance. Third, for money lent. The fourth, for money collected as agent.

This was an appeal from the judgment of a justice of the peace in the county of Peoria, to the Circuit Court of that county. There was a trial by jury, before Powell, Judge, and a verdict and judgment for Hunt against Folliott for $102.20, from which Folliott appealed to this court.

This was an action on a replevin bond. The declaration contains two counts; several breeches are assigned, and among them, one that Pries, defendant in error, did not, nor would, make return of the goods and chattels to Allison, nor to any other person for him. On the trial, plaintiff below asked a witness if the property replevied, had ever been returned to Allison.