Volume 33 — Illinois Reports

These were applications to this court for writs of mandamus, in the one case, on the relation of Thomas Harless against O. M. Hatch, secretary of State, to compel him to make a true copy of the act to incorporate the Wabash Railway Company, with his certificate thereto appended, under the great seal of the State, that the same is a law, by reason of the failure of the governor to return the same with his objections to the senate, the branch of the general assembly in which…

Wbit of Eeeoe to the Circuit Court of Jefferson county, Hon. S. S. Maeshall, Judge, presiding. This was an action of ejectment brought by the defendant in error, against the plaintiff in error, in the Circuit Court of Marion county, and taken on change of venue to the Circuit Court of Jefferson county, where it was tried at the May Term, a. v. 1863.

David M. Woodson, Judge, presiding. This was an action on the case instituted in the court below by Murray MeConnel against Jarius Kibbe. A trial of the cause resulted in a verdict and judgment for the defendant, from which MeConnel took this appeal. The'case, so far as the questions decided are involved, is sufficiently stated in the opinion of the court.

Writ of Error to the Circuit Court of Sangamon county, the Hon. David Davis, Judge, presiding. This was a suit in chancery, commenced in' the court below by Silas W. Robbins against James A. Waugh and Sarah A. Waugh and Anne E. Waugh, Mary E. Waugh, Sarah W. Waugh, and Lelia E. Waugh, their children, at the March Term of said court, a. d. 1856, to foreclose a mortgage executed by the said James. A. Waugh and Sarah A. Waugh to the complainant.

<p>1. Parties—common carriers — who may sue for the loss or non-delivery of goods. Where goods are shipped upon a railroad for transportation, the consignor may sue for their non-delivery, though he be but a bailee. He has such a special property in the goods as to give him a right of action. So may the real owner sue, and so may the consignee.</p> <p>2. Same — there can he hut one satisfaction. And it seems, whichever of those who have a right of action in such case first obtains damages, it is a full satisfaction.</p> <p>3. Common carriers — of their rights and duties respecting goods received for transportation. Where a railroad company receives goods for transportation from a bailee, they cannot excuse themselves in a suit brought by the consignor for negligence, that the real title was in his bailor, unless they show that the properly has been taken out of their possession by him, without any injury or injustice to the consignor.</p> <p>4. Same — their relations to the consignor. So far as the carrier is concerned in such case, the consignor is the bailor of the property. And although the bailor was not the owner of the thing bailed, still the bailee must, ordinarily, restore it to him.</p> <p>5. The carrier is the agent of the consignor from whom he receives the property, and he is not at liberty to dispute his title in an action brought by him.</p> <p>6. It is very questionable if the carrier can be permitted, of his own mere motion, to set up as a defense against his bailor the right of the real owner.</p>

Writs of Error to the Circuit Court of Scott county; the Hon. David M. Woodson, Judge, presiding.

H. K. S. O’Melveney, Judge, presiding. This was a suit in chancery instituted in the court below, in 1861, by Jacob M. Bair against John S. Mason, Charles B. Mason, George M. Close, Richard C. Petitt and Mary W. Petitt, his wife, as heirs-at-law of George H. Mason, deceased, to enforce the specific performance of a contract entered into by the said George H. Mason, in his lifetime, for the conveyance of a certain tract of land to the complainant.

Writ of Error to the Circuit Court of Coles county; the Hon. Charles H. Constable, Judge, presiding. This was an action of assumpsit commenced in October, 1859, in the court below, by Philander Hinkley against William Mattoon, and two others, Mattoon alone being served with process.

Silas L. Bryan, Judge, presiding. This was a suit in chancery instituted in the court helow by Joshua S. Bond and Laura Bond, his wife, against Eben B. Lockwood, to compel him to render an account as guardian of . the complainant Laura.

Writ of Error to the Circuit Court of Douglas county; the Hon. O. L. Davis, Judge, presiding. This was an action of assumpsit instituted in the court below, by Crabtree, against Hagenbaugh. The case is sufficiently stated in the opinion of the court.

Joseph Sibley, Judge, presiding. . This was a suit in chancery instituted in the court below, on the 1st day of October, 1859, by Henry G. Mauzey against Doan, King & Co., and others. It- is stated in the bill that on the 6th of January, 1854, Mauzey, the complainant, was indebted to Doan, King & Co., in the sum of- $2,483.87, on two promissory notes.

D. M. Woodson, Judge, presiding. This was a suit in chancery by Cleland and wife to set aside a conveyance and to secure the annual interest upon the proceeds of certain real estate in Jacksonville, in which Mrs. Cleland formerly held an estate for her life, but which life estate had been sold and conveyed by her and her husband to the appellant, William T. Fish, and the property subsequently sold under the decree of the court in partition.

C. L. Hig-bee, Judge, presiding. This was a suit in chancery instituted in the court below by Daniel Cassell against Harvey L. Ross and Ezra Dilworth.

Writ of Error to the Circuit Court of Greene county; the Hon. D. M. Woodson, Judge, presiding. This is a suit in chancery, instituted in the Circuit Court by the heirs-at-law of Joseph Vanmeter, deceased, against the administrator and heirs of John Love, deceased. It appears from the record, that John Love, in his lifetime, was guardian of the heirs of Vanmeter, and in that capacity received large sums of money, belonging to his wards, which he never-accounted for.

Joseph Sibley, Judge, presiding. On the 16th day of January, 1862, Thomas Jasper exhibited his bill in chancery in the court below to foreclose a mortgage alleged to have been executed by “ the president and trustees of the .Quincy English and German Seminary,” to James F. Jaquess, on the 11th of July, 1861, upon a parcel of land in the city of Quincy, Illinois, being a portion of a block, bounded as follows: Beginning at the corner of Spring and Fourth streets on the north…

Writ op Error to the Circuit Court of Edgar county; the Hon. Charles H. Constable, Judge, presiding. William J. Grregg, clerk of the court below, issued a fee-bill for costs which had accrued in a certain cause in that court, against John Crabtree.

Writ of Error to the Circuit Court of Randolph county ; the Hon. Silas L. Bryan, Judge, presiding.

O. L. Davis, Judge, presiding. This was a suit in chancery instituted in the court below by Mason M. Wright against Philip Myers, for the foreclosure of a mortgage. The opinion of the court contains a sufficient statement of the case.

Writ of Error to the Circuit Court of Vermillion county; the Hon. O. L. Davis, Judge, presiding. • In August, 1861, Abraham M. 0. Hawes exhibited his bill in chancery in the court below, against Wilmerth Hawes, his wife, for a divorce. The ground upon which relief was sought, was the alleged adultery of the defendant.

John M. Scott, Judge, presiding. This was an action on the case, instituted in the court below, by Elijah W. Swearingen, against the Illinois Central Railroad Company, to recover damages for the killing of three horses of the plaintiff on the road of the company.

Clair county; the Hon. J. Gillespie, Judge, presiding. This was an action of assumpsit commenced in the Circuit Court of St. Clair county at the October Term, 1863, by the appellees against the appellant. The suit was on the following instrument: “$3,500.

Writ of Error to the Circuit Court of Morgan county; Hon. David M. Woodson, Judge, presiding.

Charles Emerson, Judge, presiding. This was an action on the case instituted in the court below, by James Geddis against The Great Western Railroad Company of 1859, to recover damages for the running over and killing of a mare of the plaintiff, by a locomotive of the company.

Clair county; the Hon. Joseph Gillespie, Judge, presiding. This was an action of assumpsit, instituted in the Circuit Court by Frederick Kircher against Jacob Knoebel, upon the following instrument: “$1,500.

Joseph Sibley, Judge, presiding. This was a suit in chancery, instituted, originally, in the Circuit Court of Pike county, by Oakley Y. Test against Francis Keys, Nimrod B. McPherson, and Charles W. Troy; and the cause was removed into the Circuit Court of Adams county on change of venue.

Agreed case certified from the Circuit Court of Morgan county. William Thomas instituted his action of covenant in the court below, against George Owen, to recover damages for the alleged breach of a covenant of general warranty contained in a deed of conveyance of land, executed and delivered by Owen and wife to Thomas.

Writ op Error to the Circuit Court of Adams county; the Hon. Joseph Sibley, Judge, presiding. This was an action of ejectment, instituted in the court below by Cyrus H. McCormick against George Evans, Jun., to recover the undivided half of a certain tract of land situate in Adams county. The trial resulted in a judgment for the defendant; thereupon the plaintiff sued out this writ of error. The case is sufficiently stated in the opinion of the court.

Writ of Error to the Circuit Court of Hancock county; the Hon. Joseph Sibley, Judge, presiding. On the 7th of December, 1861, Albert Mowry exhibited his bill in chancery in the court below against Jeroboam B. Barr, the mortgagor, and others, including David Grochenour, to foreclose a mortgage.

Writ of Error to the Circuit Court of Maeoupin county; the Hon. E. Y. Rice, Judge, presiding. On the 31st day of August, 1861, Robert Meatyard made a deed of assignment of all his property to Perley B. Whipple and John L. Blair, for the benefit of his creditors. Abram F. Pope, one of the creditors of Meatyard, exhibited his bill in chancery in the court below to set aside the deed, upon certain grounds, which are clearly set forth in the opinion of the court.

Joseph Sibley, Judge, presiding. This was an action of covenant, commenced in the Adams county Circuit Court, by Johan Metz against James Brown, James R. W. Hinchman, and John S. Loomis. The summons was served upon the defendant Brown, and returned not found as to the other defendants.

John M. Scon?, Judge, presiding. This was an action of assumpsit, brought by the appellee and against the appellant, in the Logan county Circuit Court.

Writ of Error to the Circuit Court of Randolph county, the Hon. Silas L. Bryan, Judge, presiding.

Writ of Error to the Circuit Court of Logan County; the Hon. David Davis, Judge, presiding.

Writ of Error to the Circuit Court of Logan county; the Hon. David Davis, Judge, presiding. This case came before this court at the January Term, 1860, and will be found reported in 23 Ill. 455. The bill was originally exhibited in the court below, in 1854, by William H. Young, against Reuben Miller, to set aside a conveyance and rescind a contract for the sale of a patent right.

Writ of Error to the Circuit Court of Fulton county; the Hon. C. L. HlGBEE, Judge, presiding. Held: and intended to convey, in the mortgaged premises. Third, whether the certificate of acknowledgment, appended to the mortgage, was sufficient.

David M. Woodson, Judge, presiding. In the year 1863, John C. Jacobs instituted an action of ejectment in the court below, against William Rice, for the recovery of certain premises situate in Morgan county. The title to the land was originally in one Cornelius Pointer, who died in 1833, leaving Matilda Jane, his daughter, one of his heirs-at-law, who intermarried with John G. Dustin. On the 29th day of December, 1862, Dustin and wife conveyed to the plaintiff.

Chauncey L. Higbee, Judge, presiding. Eli Sheldon brought his action of assumpsit in the court below, against C. 0.

Writ of Error to the Circuit Court of St. Clair county; the Hon. Joseph Gillespie, Judge, presiding. In March, 1861, John W. Pulliam exhibited his bill in chancery, in the court below, against Narcisse Pensoneau, to set aside an award of arbitrators, for an alleged mistake. Upon the hearing in the court below, the bill was dismissed. Thereupon, the complainant sued out this writ of error. The pleadings and proof in the cause, sufficiently appear in the opinion of the court.

Writ of Error to the Circuit Court of Sangamon county; the Hon. Edward Y. Rice, Judge, presiding. William Swallow commenced his action of assumpsit in the court below, against Anne McKean Kerr, John M. Kerr, and Mary Hoffman, by a writ of attachment, which was levied upon real estate. Notice was given the defendants by publication, but there was no personal service of process.

Writ of Error to the Circuit Court of Macon county; the Hon. Charles Emerson, Judge, presiding. The facts of this case are fully presented in the opinion of the court. -

Court of St. Clair county; the Hon. Joseph Gillespie, Judge, presiding. The facts of this case are sufficiently stated in the opinion of the court.

Writ op Error to the Circuit Court of Logan county; the Hon. David Davis, Judge, presiding. Whittaker exhibited his bill in chancery in the court below, against Miller, for the purpose of rescinding a sale made by the defendant to the complainant of a certain patent right, for the manufacture of iron tomb stones.

Writ of Error to the Circuit Court of Coles county; the Hon. Charles H. Constable, Judge, presiding. This was a suit instituted in the Circuit Court of Coles county, by Margaret E: Monroe, James Monroe and Joseph Peyton, executors of Byrd Monroe, deceased, against Usher E. Linder, in assumpsit, with damages laid at $300.

Writ of Error to the Circuit Court of Adams county; the Hon. Joseph Sibley, Judge, presiding. Nelson, a mulatto, was arrested under the act of February 12, 1853, prohibiting the immigration of negroes and mulattoes into this state.

W. M. Woodson, Judge, presiding. This was a suit in chancery instituted in the court below by Joseph Morton and others, against Walter S.… Held: received and believed the doctrines as above set forth, as a fundamental doctrine of the church, and as being the doctrine to be taught on that subject in the church, and one of the main and fundamental principles essential to a true and correct teaching and practice ; a doctrine uniformly held and taught in that particular church,…

This was a prosecution against Calvin D. Caldwell, in the court below, for selling vegetables at his regular place of business in the city of Alton, outside of the market limits, during market hours, in violation of an ordinance “to establish and regulate markets,” &c. The court below found for the city, and thereupon the defendant sued out this writ of error.

Chas. H. Constable, Judge, presiding. Appellant sued appellees in the County Court of Edgar county, for an amount alleged to be due from Edward Rowand, deceased, for work, labor, &c. The case was taken by appeal to Circuit Court of the same county, where judgment was rendered for defendants below, and brought into Supreme Court by plaintiff by appeal.

Writ op Error to the Circuit Court of Sangamon county; the Hon. Edward Y. Rice, Judge, presiding. This was an action originally instituted before a justice of the peace in Sangamon county, by Charles W. Weston and others against Henry C. Myers, to recover upon one hundred and ninety-eight printed instruments in the following form: “ Good for 50 cents.

Clair county; the Hon. Joseph Gillispie, Judge, presiding. Sebastian Eeichart commenced his action of ejectment in the court below, against Michael Felps and others, to recover the possession of certain lands lying in St. Clair county. The plaintiff claimed title by virtue of two patents issued by the United States, one in 1838 and the other in 1853.

Writ of Error to the Circuit Court of Christian county; the Hon. E. Y. Rice, Judge, presiding. This was a suit in chancery instituted by Robert North against Abial Pope and Catharine H., his wife, to foreclose a mortgage executed by the defendants. A decree of foreclosure was entered against Abial alone, the said Catharine not being in court by service or otherwise, and no proceedings being had against her. To reverse that decree she has sued out this writ of error.

Writ of Error to the Circuit Court of Clark county; the Hon. Charles H. Constable, Judge, presiding. An indictment was found by the grand jury of Clark county against the plaintiff in error for gaming.

Writ of Error to the Circuit Court of Coles county; the Hon. Charles H. Constable, Judge, presiding. This was a suit in chancery instituted in the court below by Jacob A. Bush, George Benhart and John S. Eller, against Nancy Connelly and others, heirs-at-law of David J. Connelly, deceased, to enforce a mechanic’s lien. It is alleged in the bill that the complainants were partners, doing business under the firm and style of Bush & Benhart, as carpenters and joiners.

Writ of Error to the Circuit Court of Mason county; the Hon. James Harriott, Judge, presiding.

Writ of Error to the Circuit Court of Coles county; the Hon. Justin Harlan, Judge, presiding. This was an action of assumpsit commenced in the Circuit Court of Coles county, on the 3d day of May, 1860, by William E. McOrory against Rufus Haywood and William C. Bane.

Writ op Error to the Circuit Court of Shelby county ; the Hon. Charles H. Constable, Judge, presiding. This was a suit in chancery instituted in the court below, by James Downs against William B. Jackson. The complainant alleged that he and the defendant had been in copartnership in the business of the manufacture and sale of furniture; that the partnership continued for one year, and was then dissolved by consent.

David M. Woodson, Judge, presiding. On the 28th day of February, 1863, Richard H. Ridgway commenced his action of trespass vi et armis in the court below, against Alexander J. Hawk and John Gannon, alleging an assault and imprisonment without legal right, and laying his damages at two thousand dollars. The defendants pleaded the general issue, and the cause came on for trial before a jury.

Writ op Error to the Circuit Court of Logan county; the Hon. David Davis, Judge, presiding. This was an action of assumpsit on an account for goods, waves and merchandise sold and delivered, brought by Mudd & Hughes against Henrichsen & Rothschild. The defendants pleaded the general issue, to which was appended the following notice: “ iS.

Writ of Error to the Circuit Court of Piatt county; the Hon. C. Ehersoh, Judge, presiding. Jesse Funk exhibited his bill in chancery in the court below to foreclose a mortgage executed by Asher W. Tinder to John A, Brittenham, to secure his ten promissory notes, payable to Brittenham on the first days of April, in the years from 1857 to 1866, inclusive.

Writ of Error to the Circuit Court of Shelby county; the Hon. Charles H. Constable, Judge, presiding. Held: Hanson and Pearson instituted a suit in replevin against Hammer for their recovery. In that action Hammer pleaded property in Goodrich, and proceeded to take the deposition of one Whitsit, Pearson having been given due notice of the time and place of taking the same, and was present at the time, and cross-examined the witness.

Writ op Error to the Circuit Court of Adams county; Hon. Joseph Sibley, Judge, presiding. This was an action of debt instituted by the plaintiff in error against Eichard A. Unger and William Hunicke, in the Adams Circuit Court. The writ of attachment was issued on the 22d day of June, 1863, directed to the coroner, and was on the same day served on John Steinagel, sheriff of Adams county, as garnishee.

Writ of Error to the Circuit Court of Fultou county; the Hon. C. L. Higbee, Judge presiding. This was an action-of assumpsit commenced for thé February Term, 1862, of the. Fulton Circuit Court, by John B. Carson, against William Martin and William Flake. Service had on Flake; Martin not fqund.