Volume 55 — Illinois Appellate Court Reports

Memorandum.—Action for damages resulting from fire. In the Circuit Court of Greene County; the Hon. George W. Herdman, Judge, presiding. Declaration in case filed February 10,1892. Plea, not guilty; trial by jury; verdict and judgment for plaintiff; appeal by defendant. Heard in this court at the November term, 1898.

Memorandum.—Drainage proceedings, commenced April 30, 1890, in the County Court of Champaign County, by the commissioners of Kankakee Drainage District, under Section 88, of the “Levee Act,” providing that “anylands lying outside of the drainage district as organized, the owner or owners of which shall thereafter make connection with the main ditch or drain or with any ditch or drain ivithin the district as organized, or whose lands are or will he benefited by the work of…

Memorandum.—Assumpsit upon a sealed instrument, etc., in the Circuit Court of Vermilion County; the Hon. Ferdinand Bookwalter, Judge, presiding. Declaration, special and common counts; pleas, general issue and special pleas; trial by the court, finding and judgment for plaintiff; appeal by defendant. Heard in this court at the November term, 1893, and affirmed.

Memorandum.—Bill in chancery to adjust accounts, etc. In the Circuit Court of McLean County; the Hon. Thomas F. Tipton, Judge, presiding. Decree upon master’s report. Error by complainants. Heard in this court at the November term, 1893.

Memorandum.—Bill to foreclose mortgage in the Circuit Court of Morgan County; the Hon. Cyrus Epler, Judge, presiding. Decree for complainant; appeal by defendant. Heard in this court at the November term, 1893, and affirmed.

Memorandum. —Replevin. In the Circuit Court of Fulton County; the Hon. Jefferson Orr, Judge, presiding. Declaration; pleas, (1) non cepit; (2) non détinet; (3) property in a third person; replications, etc.; trial by jury; verdict and judgment for plaintiff; defendant appeals. Heard in this court at the November term, 1893, and affirmed.

Memorandum.—Debt on replevin bond in the Circuit Court of Cass County; the Hon. Lyman Lacey, Judge, presiding. Trial by court, finding for plaintiff; debt, §3.000; damages, $191,36; defendant appeals. Heard hr this court at the November term, 1893, and affirmed.

Memorandum.—Trespass. In the Circuit Court of Moultrie County; the Hon. Edward P. Vail, Judge, presiding. Declaration in trespass; the pleas are stated in the opinion of the court; demurrer to pleas overruled, judgment and appeal. Heard in this court at the November term, 1893, and affirmed.

Memorandum.—Assumpsit for surgeon’s services. In the Circuit Court of McLean County; the Hon. Thomas F. Tipton, Judge, presiding. Trial by jury; verdict and judgment for plaintiff; appeal by plaintiff. Heard in this court at the November term 1893.

Memorandum.—Replevin. In the Circuit Court of Jersey County; the Hon. George W. Herdman, Judge, presiding. Trial by the court, finding and judgment for plaintiff; appeal by defendants. Heard in this court at the November term, 1893, and affirmed.

Memorandum.—Action of assumpsit. In the County Court of McLean County; the Hon. C. D. Meyers, Judge, presiding. Declaration, common counts; pleas, general issue and payment; trial by jury; verdict and judgment for plaintiff; defendant appeals. Heard in this court at the November term, 1893.

Memorandum.—Action of assumpsit for a reward. In the Circuit Court of Calhoun County; the Hon. George W. Herdman, Judge, presiding. Declaration, common counts; plea, general issue; trial by jury; verdict and judgment for the defendant; error by plaintiff. Heard in this court at the November term, 1893, and affirmed.

Memorandum.—Action for killing a dog. In justice’s court. Appeal to the Circuit Court of Greene County; the Hon. George W. Herdman, Judge, presiding. Trial by jury; verdict for defendant; plaintiff appeals. Heard in this court at the November term, 1898, and affirmed.

Memorandum.—Action of trespass on the case for cuttmg ditches, etc. In the Circuit Court of Sangamon County; the Hon. James A. Creighton, Judge, presiding. Declaration and plea of general issue; trial by jury; verdict and judgment for plaintiff; defendant appeals. Heard in this court at the November term, 1893, and affirmed.

Memorandum.—Assumpsit for balance due upon a promissory note. Appeal from a justice of the peace. Trial by jury in the Circuit Court of Brown County: the Hon. Jefferson Orr, Judge, presiding. Verdict and judgment for plaintiff; appeal by defendant. Heard in this court at the November term, 1893, and affirmed. '

Memorandum.—Action for personal injuries. In the Circuit Court of Sangamon County; the Hon. James A. Creighton, Judge, presiding. Declaration in trespass; pleas, .not guilty; trial by jury; verdict and judgment for plaintiff. Heard in this court at the November term, 1893, and affirmed.

Memorandum.—Prosecution for violation of a village ordinance. Commenced in justice’s court; taken to the County Court of Fulton County by appeal; the Hon. Addison M. Barnett, Judge, presiding; trial by jury, verdict of guilty and judgment; defendant appeals. Heard in this court at the November term, 1893, and affirmed.

Memorandum.—Motion to set aside a judgment entered by confession in vacation. In the County Court of Montgomery County; the Hon. George R. Cooper, Judge, presiding. Trial by jmy upon stipulated issues; verdict for defendant upon instruction by the court; appeal. Heard in this court at the November term, 1893, and affirmed.

Memorandum.—Action of trespass on the case. In the Circuit Court of Greene County; the Hon. George W. Herdman, Judge, presiding. Declaration in case; plea, general issue; trial by jury; verdict and judgment for plaintiff; defendant appeals. Heard in this court at the November term, 1893, and affirmed.

Memorandum.—Action upon a replevin bond. In the Circuit Court of Sangamon County; the Hon. James A. Creighton, Judge, presiding. Declaration in debt; judgment on demurrer to pleas (the pleas appear in the opinion of the court); defendant appeals. Heard in this court at the November term, 1893, and affirmed.

Memorandum.—Assumpsit for a failure to deliver com. In the Circuit Court of Morgan County; the Hon. Cyrus Epler, Judge, presiding. Trial by jury; verdict and judgment for plaintiff; defendant appeals. Heard in this court at the November term, 1893, and affirmed.

Memorandum.—In chancery. Bill to foreclose a mortgage. Filed April 13, 1893. In the Circuit Court of Schuyler County; the Hon. Charles J. Scofield, Judge, presiding. Decree for complainants; appeal by defendants. Heard in this court at the November term, 1893, and affirmed.

Memorandum.—Assumpsit on fifteen promissory notes. In the Circuit Court of McLean County; the Hon. Thomas F. Tipton, Judge, presiding. Declaration, fifteen special counts and the common counts. Pleas: First, the general issue; second, no consideration; third, denying the execution of the notes sued on; fourth, denying the joint liability with Lackey.

Memorandum.—Claim in Probate filed in the' County Court, and by change of venue taken to the Circuit Court of Clark County; the Hon. Ferdinand Bookw alter, Judge, presiding. Trial by jury; verdict for the defendant by instruction of the court; judgment; claimant appeals. Heard in this court at the November term, 1893, and affirmed.

Memorandum.—-Action of assumpsit upon an insurance policy. In the Circuit Court of Christian County; the Hon. Jacob Fouke, Judge, presiding. Declaration in assumpsit; pleas, general issue and that the insured came to his death by self-destruction, etc.; trial by jury; verdict and judgment for plaintiff; defendant appeals. Heard in this court at the November term, 1893.

Memorandum.—Assumpsit. In the Circuit Court of McLean County; the Hon. Thomas F. Tipton, Judge, presiding. Declaration, common counts; plea, general issue; trial by jury; verdict and judgment for plaintiff; defendants appeal. Heard in this court at the November term, 1893, and affirmed.

Memorandum.—Action for killing horses. In the Circuit Court of Morgan County; the Hon. Cyrus Epler, Judge, presiding. Declaration in case; plea, not guilty; trial by jury; verdict and judgment for plaintiff; defendant appeals. Heard in this court at the November term, 1893, and affirmed.

Memorandum.—Suit for mechanic’s lien. In the Circuit Court of McLean County; the Hon. Thomas F. Tipton, Judge, presiding. Petition filed August 30, 1893; judgment on demurrer to petition; appeal by petitioner. Heard in this court at the November term, 1893, and affirmed.

Memorandum.—Action against a sheriff for an escape. In the Circuit Court of McDonough County; the Hon. William Marsh, Judge, presiding. Declaration in debt; plea, nil debit; trial by jury; verdict and judgment for defendant; plaintiff appeals. Heard in this court at the May term, 1894, and affirmed.

Memorandum.—Action for damages for failure to deliver goods by a common carrier. In the Circuit Court of Champaign County, on appeal from justice court; the Hon. Francis M. Wright, Judge, presiding. Trial by jury; verdict and judgment for plaintiff; appeal by defendant. Heard in tins court at the May term, 1893, and affirmed.

Memorandum.—Action for killing a cow. In the Circuit Court of Greene County on appeal from justice’s court; the Hon. Lyman Lacey, Judge, presiding. Trial by jury; verdict and judgment for plaintiff; defendant appeals. Heard in this court at the May term, 1893.

Memorándum.—Proceedings in chancery. In the Circuit Court of Cook County; the Hon. Lorin C. Collins, Judge, presiding. Creditor’s bill; bill dismissed for want of jurisdiction; appeal by complainants. Heard in this court at the October term, 1893.

Memorandum.—Proceedings in chancery. In the Circuit Court of Cook County; the Hon. Lorin C. Collins, Judge, presiding. Bill to windup a corporation and to distribute its assets among its creditors. The First National Bank of Bucyrus made a party upon its intervening petition as a judgment creditor; answers and replications; decree; error by the Forest Glen Brick and Tile Co., and others. Heard in this court at the March term, 1894.

Memorandum.—Attachment proceedings. Garnishee process. In the Circuit Court of Cook County; the Hon. Abner Smith, Judge, presiding. Trial by the court upon the petition of an intervening creditor; finding and judgment for the intervenor; appeal by the plaintiff in the attachment. Heard in this court at the March term, 1894, and affirmed.

Memorandum.—Action for personal injuries. In the Superior Court of Cook County; the Hon. Theodore Brentano, Judge, presiding. Declaration in case; plea, not guilty; trial by jury; verdict and judgment for plaintiff; appeal by defendant. Heard in this court at the March term, 1894.

Memorandum.—Assumpsit. In the Superior Court of Cook County; the Hon. George F. Blanks, Judge, presiding; motion to amend sheriff’s return; allowed; error by defendant. Heard in this court at the October term, 1894, and affirmed.

Memorándum.—Assumpsit. In the Circuit Court of Cook County; the Hon. Thomas G. Windes, Judge, presiding. The pleadings are stated in the opinion of the court. Judgment on demurrer to plea of the statute of limitations; error by defendant. Heard in this court at the October term, 1894, and affirmed.

Memorandum.—Assumpsit. In the Circuit Court of Cook County; the Hon. Thomas G. Windes, Judge, presiding. Common counts and a special count alleging that defendant was indebted to plaintiffs for money delivered and deposited with the defendant for safe keeping. Plea of general issue and affidavit of merits; tried by the court without a jury; finding and judgment for defendant; appeal by plaintiff. Heard in this court at the October term, 1894, and affirmed.

Memorandum.—Suit for violation of an ordinance. In the Criminal Court of Cook County. The Hon. James Goggin, Judge, presiding. Verdict of not guilty under instructions from the court; appeal by plaintiff. Appeal dismissed at the October term of this court, 1894.

Memorandum.—Assumpsit. In the Circuit Court of Cook County; the Hon. Abner Smith, Judge, presiding. Declaration; special count on promissory note and two common counts; appearance entered and trial by consent; judgment for plaintiff; error by defendant. Heard in this court at the October term, 1894, and affirmed.

<p>Memorandum.—Creditor’s bill. In the Superior Court of Cook County; the Hon. Egbert Jamieson, Judge, presiding. Heard on error in this court at the October term, 1894, and affirmed.</p>

Memorandum.—Action of debt. In the Superior Court of Cook County; the Hon. John Barton Payne, Judge, presiding. The opinion states the pleadings; trial by the court without a jury; judgment for plaintiff; appeal by defendant. Heard in this court at the October term, 1894.

Memorandum.—Action for personal injuries. In the Circuit Court of Cook County; the Hon. Richard S. Tuthill, Judge, presiding. Declaration in case; plea, not guilty; trial by jury; verdict and judgment for defendant; error by plaintiff. Heard in this court at the October term, 1894, and affirmed.

Memorandum.—Motion for a rule on the clerk of the Criminal Court of Cook County, to docket a cause without the advancement on the part of the defendant of docket fees. Motion overruled and appeal. Heard in this court at the October term, 1894, and affirmed.

Memorandum.—Bill to cancel subscription to a corporation. In the Ch-cuit Court of Cook County; the Hon. Oliver H. Horton, Judge, presiding. On hearing, bill dismissed for want of equity; appeal by complainant. Heard in this court at the October term, 1894, and affirmed.

Memorandum.—Appeal from Justice’s Court. Dismissed for want of prosecution, by the Circuit Court of Cook County; the Hon. Thomas B. Windes, Judge, presiding. Appeal by defendant. Heard in this court at the October term, 1894, and affirmed.

<p>Memorandum.—Assumpsit. In the Circuit Court of Cook County the Hon. Samuel P. McConnell, Judge, presiding. Error by the defendant. Heard in this court at the October term, 1894, and reversed.</p>

Memorandum.—Action for personal injuries. In the Superior Court of Cook County; the Hon. John Barton Payne, Judge, presiding. Declaration in case; plea, not guilty; trial by jury; verdict for defendant by instruction of the court; error by plaintiff. Heard in this court at the October term, 1894.

Memorandum.—Action for personal injuries. In the Superior Court of Cook County; the Hon. John Barton Payne, Judge, presiding. Verdict for defendants by direction of the court; appeal by plaintiff. Heard in this court at the October term, 1894.

Memorandum.—Trover. In the Superior„Court of Cook County; the Hon. John Barton Payne, Judge, presiding. Declaration and plea of the general issue; trial by jury; verdict and judgment for plaintiff; appeal by defendant. Heard in this court at the October term, 1894, and affirmed.

<p>1. Receivers—Requisites of Reports—Fraatice.-—A receiver should present his accounts before the court in such shape that the parties in interest may be so informed thereby, that they may assent to their correctness. But if not assented to, the general rule as to accounts requires that they be referred to a master, and notice to attend before such master must be given.</p> <p>2. Decrees—Must be Sustained by the Record.—The record must contain sufficient evidence to sustain the decree.</p>

IMeinorandmn.—Action for personal injuries. In the Superior Court of Cook County; the Hon. John Barton Patne, Judge, presiding. Declaration in case; plea, not guilty; trial by jury; verdict for the defendant by instruction of the court; error by plaintiff. Heard in this court at the October term, 1894,

Memorandum.—Assumpsit. In the Superior Court of Cook County; the Hon. Theodore Brentano, Judge, presiding. Declaration; common counts; pleas of set-off and general issue with affidavit of merits; trial by the court without a jury; finding and judgment for plaintiff; appeal by defendant. Heard in this court at the October term, 1894, and affirmed.

Memorandum.—Assumpsit. In the Superior Court of Cook County; the Hon. Jonas Hutchinson, Judge, presiding. Declaration on. promissory note; judgment by default; error by defendant. Heal'd in this court at the October term, 1894, and affirmed.

Memorandum.—Assumpsit. In the Superior Court of Cook County; the Hon. John Barton Payne, Judge, presiding. Trial by the court without a jury; finding for the plaintiff; error by defendant. Heard in this court at the October term, 1894, and affirmed.

Memorandum.—Assumpsit. In the Superior Court of Cook County; the Hon. Philip Stein, Judge, presiding. Declaration for money expended, etc.; pleas, general issue and special plea stated in the opinion; trial by the court without a jury; judgment for plaintiff; defendant appeals. Heard in this court at the October term, 1894, and affirmed.

Memorandum.—Replevin in the Circuit Court of Cook County; the Hon. Frank Baker, Judge, presiding. Declaration, three counts in the usual form with a count in trover.

Memorandum.—Creditor’s bill. In the Circuit Court of Cook County; the Hon. Samuel P. McConnell, Judge, presiding. Bill dismissed upon the hearing of a plea; appeal by complainant. Heard in this court at the October term, 1894. Reversed and remanded.

Memorandum.—Assumpsit. In the Circuit Court of Cook County; on appeal from a justice of the peace; the Hon. Frank Baker, Judge, presiding. Trial by jury, verdict and judgment for plaintiff; appeal by defendant. Heard in this court at the October term, 1894, and affirmed.

Memorándum.—Action on a policy of insurance. In the Circuit Court of Cook County; the Hon. Francis Adams, Judge, presiding. Trial by the court; finding and judgment for plaintiff; appeal by plaintiff. Heard in this court at the October term, 1894, and affirmed.

Memorandum.'—Action to recover damages for the death of plaintiff’s intestate. In the Superior Court of Cook County; the Hon. James Goggin, Judge, presiding. Declaration in case; plea, not guilty; trial by jury; verdict and judgment for plaintiff; appeal by defendant. Heard in this court at the October term, 1894, and affirmed.

Memorandum.—Assumpsit. Appeal from justice’s court. In the Superior Court of Cook County; the Hon. Theodore Brentano, Judge, presiding. Trial by the court; finding and judgment for plaintiff; appeal by defendant. Heard in this court at the October term, 1894, and affirmed.

Memorandum.—Chancery proceedings. In the Circuit Court of Cook County; the Hon. Richard S. Tuthill, Judge, presiding. Bill dismissed; appeal by complainant. Heard in this court at the October term, 1894. Reversed and remanded.

Memorandum.—Quo warranto proceedings in the Circuit Court of Cook County; the Hon. Edward F. Dunne, Judge, presiding. Judgment of ouster. Appeal by respondents. Heard in this court at the October term, 1894, and affirmed.

Memorandum.—Action for personal injuries. In the Superior Court of Cook County; the Hon. George F. Blanks, Judge, presiding. Declaration in case; plea, not guilty; trial by jury; verdict and judgment for plaintiff; appeal by defendant. Heard in this court at the October term, 1894, and affirmed.

Memorandum.—Assumpsit. In the Superior Court of Cook County; the Hon. Theodore Brentano, Judge, presiding. Declaration, special count on written agreement and common counts; plea, general issue and affidavit of merits; trial by jury; verdict and judgment for defendant; plaintiff appeals. Heard in this court at the October term, 1894. Affirmed.

Memorandum.—Chancery proceedings. In the Circuit Court of Cook County; the Hon. Murray F. Tuley, Judge, presiding. Bill for an injunction; answer, etc.; hearing and decree for injunction; error by the defendant. Heard in this court at the October term, 1894, and affirmed.

Memorandum.—Trespass to the person. In the Superior Court of Cook County; the Hon. John Barton Payne, Judge, presiding. Declaration in trespass; pleas, not guilty, etc; trial by jury; verdict and judgment for defendant; appeal by plaintiff. Heard in this court at the October term, 1894. Reversed and remanded.

<p>1. Appellate Court Practice— Stipulations as to Transcripts.— A stipulation to incorporate a bill of exceptions in the transcript of the record is the warrant for such incorporation.</p> <p>2. Same—Assignment of Errors.—Where there is no assignment of errors upon, or attached to the record, the court can not review the case.</p>

Memorandum.—Assumpsit. In the Circuit Court of Cook County; the Hon. Thomas G. Windes, Judge, presiding. Declaration, common counts and affidavit of claim; pleas of general issue and set-off; trial by jury; verdict for defendant on plea of set-off; error by plaintiff. Heard in this court at the October term, 1894.

Memorándum.—Debt. In the Circuit Court of Cook County; the Hon. Richard W. Clifford, Judge, presiding. Declaration on a judgment of a sister State; plea, nul tiel record and others; trial by jury; verdict and judgment for plaintiff; error by defendant. Heard in this court at the October term, 1894, and affirmed.

Memorandum.—Garnishment. In the Circuit Court of Cook County; the Hon. Richard S. Tuthill, Judge, presiding. Trial by the court; finding for plaintiff; appeal by defendant. Heard in this court at the March term, 1894, and affirmed.

Memorandum.—Forcible detainer. In the Circuit Court of Cook County, on appeal from justice’s court; the Hon. Richard W. Clifford, Judge, presiding. Trial by jury; verdict of guilty; judgment; error by defendant. Heard in this court at the October term, 1894, and affirmed.

Memorandum.—Debt. In the Circu:t Court of Cook County; the Hon. Samuel P. McConnell, Judge, presiding. Judgment by default for want of plea; error by the defendant. Heard in this court at the October term, 1894, and affirmed.

Memorandum.—Bill for an injunction. In the Circuit Court of Cook County; the Hon. Oliver H. Horton, Judge, presiding. Appeal from an order granting an injunction. Heard in this court at the October term, 1894.

Memorandum.—Action for damages. Death from negligence. In the Circuit Court of Cook County; the Hon. Edward F. Dunne, Judge, presiding. Declaration in case; plea of not guilty; trial by jury; verdict and judgment for plaintiff; appeal by defendants. Heard in this court at the October term, 1894, and affirmed.

Memorandum.—Assumpsit. In the Superior Court of Cook County; the Hon. James Goqgin, Judge, presiding. Declaration on a policy of insurance. Plea of general issue, and stipulation that the defendant might introduce all defenses that could be successfully pleaded under plea of the general issue; trial by jury; verdict and judgment for plaintiff; appeal by defendant. Heard in this court at the October term, 1894, and affirmed.

Memorandum.—Appeal from an order vacating a judgment, entered by the Superior Court of Cook County; the Hon. James G-oggin, Judge, presiding. Heard in this court at the October term, 1894, and dismissed.

Memorandum.—Assumpsit. In the Superior Court of Cook County; the Hon. Theodore Brentano, Judge, presiding. Declaration, common counts with copy of account sued on; plea, general issue, with affidavit of merits; trial by the court without a jury; judgment for plaintiff; error by defendant. Heard in this court at the October term, 1894, and affirmed.

Memorandum.—Bill for separate maintenance. Error to reverse an order of commitment. Entered by the Superior Court of Cook County; the Hon. Philip Stein, Judge, presiding. Heard in this court at the October term, 1893, and dismissed.

Memorandum.—Forcible detainer. In the Circuit Court of Cook County, on appeal from justice’s court; the Hon. Francis Adams, Judge, presiding. Trial by jury; verdict of not guilty; appeal by plaintiff. Heard in this court at the October term, 1894, and affirmed.

Memorandum.—Assumpsit. In the Circuit Court of Cook County, on appeal from justice’s court; the Hon. Edwabd F. Dunne, Judge, presiding. Trial by jury; verdict and judgment for plaintiff; appeal by defendant. Heard in this court at the October term, 1894, and affirmed.

Memorandum.—Foreclosure proceedings. In the Circuit Court of Cook County; the Hon. Oliver H. Horton, Judge, presiding. Decree on report of master; error by the defendant. Heard in this court at the October term, 1894; reversed and remanded with directions.

Memorandum.—Assumpsit. In the Superior Court of Cook County; the Hon. Jonas Hutchinson, Judge, presiding. Judgment by default; error by defendant. Heard in this court at the October term, 1894, and reversed.

Memorandum.—Creditor’s bill. In the Superior Court of Cook County; the Hon. Philip Stein, Judge, presiding. Decree pro confesso; error by defendant. Heard in this court at the October term, 1894.

Memorandum.—Assumpsit on appeal from a justice’s court. In the Superior Court of Cook County; the Hon. Jonas Hutchinson, Judge presiding. Trial by jury; verdict and judgment for plaintiff; appeal by defendant. Heard in this court at the October term, 1894.

Memorandum.—Assumpsit. In the Superior .Court of Cook County; the Hon. John Barton Payne, Judge, presiding. Declaration; special and common counts; trial by jury; verdict and judgment for plaintiff; appeal by defendant. Heard in this court at the October term, 1894, and affirmed.

Memorandum.—Proceedings under the lien law. In the Circuit Court of Cook County; the Hon. Oliver H. Horton, Judge, presiding. Petition to foreclose a mechanic’s lien; petition dismissed; appeal by petitioner. Heard in this court at the October term, 1894, and affirmed.

Memorandum.—Assumpsit. In the Circuit Court of Cook County, on appeal from a justice of the peace; the Hon. Edward F. Dunne, Judge, presiding. Trial by j ury; verdict for plaintiff; appeal by plaintiff. Heard in this court at the October term, 1894.

Memorandum.—Motion to dismiss an appeal from the Circuit Court of Cook County; the Hon. Richard W. Clifford, Judge, presiding. Submitted at the October term of this court, 1894, and allowed.

Memorandum.—Trover. In the Superior Court of Cook County; the Hon. Henry V. Freeman, Judge, presiding. Declaration in trover and plea of the general issue; trial by jury; verdict' and judgment for plaintiff; appeal by defendants. Heard in' this court at the October term 1894.

Memorandum.—Petition for certiorari. Original proceedings in this court on petition filed by Chester B. Davis, under section 11 of the Appellate Court Act. Heard at the October term, 1894, and writ dismissed.

<p>1. Verdict—Not Entirely Unsupported by the Evidence.—A verdict of a jury will not be set aside unless it is manifestly against the weight of the testimony.</p>

<p>1. Bill of Exceptions—Exhibits Should Precede the Signature of the Judge.—Nothing short of putting all documents into the bill of exception above or preceding the signature of the trial judge with proper words of identification is safe.</p>

Memorandum.—In Chancery. Appeal from the Circuit Court of Cook County; the Hon. Murray F. Tuley, Judge, presiding. Bill against a corporation and its stockholders, under section 25, chapter 32, R. S. Hearing and bill dismissed; appeal by complainant. Heard in tins court at the October term, 1894.

Memorandum.—Action for injuries committed by a vicious horse. In the Superior Court of Cook County; the Hon. Theodore Brentano, Judge, presiding. Declaration in case; plea, not guilty; trial by jury; verdict and judgment for defendant; error by plaintiff. Heard in this court at the October term, 1894, and affirmed.

Memorandum.—Assumpsit. Attachment in aid and garnishee proceedings. In the Superior Court of Cook County; the Hon. Theodore Brentano, Judge, presiding. Error by Albert M. Myres, surviving partner, etc. Heard in this court at the October term, 1894, and affirmed.

memorándum.—Assumpsit and attachment proceedings with appointment of a receiver. In the Superior Court of Cook County; the Hon. Theodore Brent ano, Judge, presiding.

Memorandum.- Action in case. In the Superior Court of Cook County; the Hon. John Barton Payne, Judge, presiding. Declaration in case; judgment on demurrer; error by plaintiff. Heard in this court at the; March term, 1894, and affirmed.*

Memorandum. — Action for rent. In the Circuit Court of Cook Comity; the Hon. Thomas G. Windes, Judge, presiding. Judgment entered by cognovit vacated and leave given defendant to plead; plea, general issue; trial by jury; verdict and judgment for plaintiff; appeal by defendant. ' Heard in this court at the October term, 1894, and affirmed.

<p>Memorandum.—In chancery. Appeal from the Circuit Court of Cook County; the Hon. Murray F. Tuley, Judge, presiding. Heard in this court at the October term, 1894, and affirmed.</p>

<p>Memorandum.—Assumpsit. Appeal from the Superior Court of Cook County; the Hon. Geo. F, Blanks, Judge, presiding. Heard in this court at the October term, 1894, and affirmed.</p>

Memorandum.—Action for rent. Appeal from the Circuit Court of Cook County; the Hon. Frank Baker, Judge, presiding. Heard in this court at the October term, 1894, and affirmed.

Memorandum.—Assumpsit. In the Circuit Court of Cook County, on appeal from a justice of the peace; the Hon. Thomas G-. Windes, Judge, presiding. Trial by jury; verdict and judgment for plaintiff; appeal by defendant. Heard in this court at the October term, 1894, and affirmed.

<p>1. Questions of Fact—Findings of a Master.—The report of a master j in chancery upon questions of fact, where the finding depends upon the credibility of witnesses, should not, ordinarily, be set aside.</p>

Memorandum.—Bill for divorce and cross-bill for separate maintenance. In the Circuit Court of Cook County; the Hon. Abner Smith, Judge, presiding. Decree on cross-bill; appeal by complaint in the original bill. Heard in this court at the October term, 1894. Reversed and remanded with directions.

Memorandum.—In chancery. Appeal from the Circuit Court of Cook County; the Hon. OliverH. Horton, Judge, presiding. Bill of the Mutual Electric Light and Power Company against the City of Chicago, John P. Hopkins, the Chicago City Railway Company and the Hyde Park Electric Light and Power Company; hearing and decree for an injunction on the cross-bill of the Hyde Park Electric Light and Power Company; appeal by the City of Chicago.

Memorandum.—Garnishee proceeding. In the Circuit Court of Cook County on appeal from a justice of the peace; the Hon. Prank Baker, Judge, presiding; appeal from a judgment of non-suit.. Heard in this court at the October term, 1894, and affirmed.

Memorandum.—Assumpsit on a promissory note. Appeal from the Superior Court of Cook County; the Hon. John Barton Payne, Judge, presiding. Heard in this court at the October term, 1894, and affirmed.

Memorandum.—Assumpsit for services. In the Circuit Court of Cook County; the Hon. Richard W. Clifford, Judge, presiding. Declaration, common counts; plea, general issue and affidavit of merits; trial by jury; verdict and judgment for plaintiff; appeal by defendant. Heard in this court at the October term, 1894, and affirmed.

Memorandum.—Assumpsit. In the Circuit Court of Cook County; on appeal from a justice of the peace; the Hon. Edward P. Dunne, Judge, presiding; judgment entered upon an award; appeal to this court. Heard at the October term, 1894.

Memorandum.—Assumpsit for services. In the Superior Court of Cook County; the Hon. James Goggin, Judge, presiding. Declaration, common counts; plea, general issue; trial by jury; verdict and judgment for plaintiff; appeal by defendant. Heard in this court at the October term, 1894, and affirmed.

Memorandum.—Certiorari. Appeal by the relator from an order of the. County Court of Cook County, quashing the writ; the Hon. Frank Scales, Judge, presiding. Served in this court at the October term, 1894, and affirmed.

Memorandum.—Writ of capias ad satisfaciendum. Appeal from an order of the Superior Court of Cook County, directing a balance found due from the defendant be paid into court; that the writ be quashed and the judgment satisfied; the Hon. James Goggin, Judge, presiding. Heard in this court at the October term, 1894, and affirmed.

Memorandum.—Action on policy of insurance. In the Superior Court of Cook County; the Hon. Jonas Hutchinson, Judge, presiding. Declaration, special count on life policy and common counts; plea of general issue with notice of special matters relied on for defense: 1. The policy of insurance was forfeited for non-payment of premiums specified therein. 2. Policy was forfeited for non-payment of premium note given for the premium which matured July 15, 1880. 3.

Memorandum.—Assumpsit. In the Superior Court of Cook County; the Hon. John Barton Payne, Judge, presiding. Declaration for commissions; plea, general issue and affidavit of merits; trial by jury; verdict and judgment for plaintiff; appeal by defendant. Heard in this court at the October term, 1894.

Memorandum.—In the Circuit Court of Cook County, on appeal from a justice of the peace; the Hon. Richard W. Clifford, Judge, presiding. Trial by jury; verdict and judgment for defendant; appeal by plaintiff. Heard in this court at the October term, 1894, and affirmed.

Memorandum.—In chancery. Appeal from the Superior Court of Cook County; the Hon. William G. Ewing, Judge, presiding. Bill to foreclose a mortgage; decree for complainant; appeal by defendant. Heard in this court at the October term, 1894.

Memorandum.—In Chancery. Appeal from the Circuit Court of Cook County; the Hon. Abner Smith, Judge, presiding. Bill for divorce; decree for complainant; appeal by defendant. Heard in this court at the October term, 1894.

<p>1. Verdicts—Not Sustained by the Evidence.—Where a case made against a defendant in a bastardy proceeding is too indefinite and uncertain to justify the verdict, it will be set aside.</p>

<p>1. Records—Sufficiency of Cleric's Certificate.—A certificate of the clerk stating that the record is complete as per praecipe is indefinite and insufficient.</p>

<p>1. Assignment of Error—Omission of.—Where the appellant omits to assign errors, the appeal will be dismissed.</p>

Memorandum.—In chancery. Appeal from the Superior Court of Cook County; the Hon. William G. Ewing, Judge, presiding. Bill to have a deed absolute, declared a mortgage; decree for complainant; aipeal by defendant. Heard in this court at the October term, 1894.

<p>Memorándum.—Assumpsit. Appeal from the Superior Court of Cook County; the Hon. John Barton Payne, Judge, presiding. Heard in this court at the October term, 1894, and affirmed.</p>

Memorandum.—In chancery. Appeal from the Circuit Court of Cook County; the Hon. Thomas G. Windes, Judge, presiding. Bill for injunction, on the hearing dismissed; appeal by complainant. Heard in this court at the October term, 1894, and affirmed.

Memorandum.—Assumpsit. In the Circuit Court of De Witt County; the Hon. George W. Hermian, Judge, presiding. Declaration on bank check and common counts; pleas, general issue and set-off; trial by the court without a jury; finding and judgment for plaintiff; appeal by defendant. Heard in this court at the May term, 1894.

Memorandum.—Quo warranto proceedings. Appeal from a judgment of ouster rendered by the Circuit Court of Morgan County; the Hon. Cyrus Epler, Judge, presiding. Heard in this court at the May term, 1894, and dismissed.

Memorandum.—Assumpsit. In the County Court of Tazewell County; the Hon. George C. Rider, Judge, presiding. Heard in this court at the May term, 1894, on appeal from an order entered on motion of the defendant dismissing the suit.

<p>1. Laches—Equity Favors the Vigilant.—It is a maxim that courts 'of equity will not favor the slothful, but the vigilant, and they enforce it by applying, by way of analogy, the period fixed by the statutes of limitations as a bar to actions at law.</p> <p>2. Same—When Applicable to Trusts.—Where a trust is not an express trust, but is so merely by implication, the rule that laches will bar relief may be applied.</p>

Memorandum.—Assumpsit. In the Circuit Court of Sangamon County; the Hon. R. B. Shirley. Judge, presiding. Trial by jury; verdict and judgment for plaintiff; appeal by defendant. Heard in this court at the May term, 1894, and affirmed.

Memorandum.—Action for breach of an ordinance. In the Circuit Court of McDonough County, on appeal from a police magistrate; the Hon. Charles J. Scofield, Judge, presiding. Trial by jury; verdict and judgment for plaintiff; appeal by defendant. Heard in this court at the May term, 1894, and affirmed.

Memorandum.—Contest of election of drainage commissioners. In the County Court of Mason County; the Hon. Thomas N. Mehan, Judge, presiding. Heard in this court on appeal at the May term, 1894. Judgment affirmed.

Memorandum.—Suit to recover money lost at gaming. In the Circuit Court of Macon County; the Hon. Edward P. Vail, Judge, presiding. Declaration under the statute against gaming; plea of the general issue; trial by jury; verdict and judgment for plaintiff; appeal by defendants. Heard in this court at the May term, 1894, and affirmed.

<p>Memorandum.—In equity. Appeal from the Circuit Court of Pike County; the Hon. Oscar P. Bonnet, Judge, presiding. Heard in this court at the May term, 1894.</p>

Memorandum.—Assumpsit. In the Circuit Court of Adams County; the Hon. Oscar P. Bonney, Judge, presiding. Declaration, common counts; plea of general issue; jury waived; trial by the court; finding and judgment for plaintiff; appeal by defendants. Heard in this court at the May term, 1894, and reversed.

Memorandum.—Action for damages. Death from negligent act. In the Circuit Court; the Hon. Robert B. Shirley, Judge, presiding. Declaration in case; plea, not guilty; trial by jury; verdict and judgment for plaintiff; appeal by defendant. Heard in this court at the May term, 1894.

Memorandum.—Assumpsit. In the Circuit Court of McLean County; the Hon. Thomas F. Tipton, Judge, presiding. Declaration on a contract of subscription. The pleas are stated in the opinion of the court; jury waived and trial by the court; finding and judgment for plaintiff; appeal by defendant. Heard in this court at the May term, 1894, and affirmed.

Memorandum.—Attachment and garnishee proceeding. In the Circuit Court of Adams County; the Hon. Oscar P. Bonney, Judge, presiding. Answer of garnishee traversed; trial by jury; verdict and judgment for plaintiff; appeal by garnishee. Heard in this court at the May term, 1894, and affirmed.

Memorandum.—Trespass. In the Circuit Court of Vermilion County; the Hon. Ferdinand Bookwalter, Judge, presiding. Declaration for an assault and battery; pleas of the general issue and son assault demesne; trial by jury; verdict for plaintiffs §1,300, and judgment; appeal by defendants. Heard in this court at the May term, 1894, and affirmed.

Memorandum.—In equity. In the Circuit Court of Logan County; the Hon. George W. Herdman, Judge, presiding. Bill for foreclosure; hearing and decree for complainant; appeal by defendants. Heard in this court at the May term, 1894, and affirmed.

<p>Memorándum.—Action for obstructing the flow of water. In the Circuit Court of Christian County; the Hon. Jacob Fouke, Judge, presiding. Declaration in case; plea, not guilty; trial by jury; verdict and judgment for plaintiff; appeal by defendant. Heard in this court at the May term, 1894, and affirmed.</p>

Memorandum.—Action for damages sustained by the failure to deliver a message. In the Circuit Court of McLean County; the Hon. Thomas F. Tipton, Judge, presiding. Declaration in case; plea of not guilty; jury waived; trial by the court; finding and judgment for plaintiff; appeal by the defendant. Heard in this court at the May term, 1894, and affirmed.

Memorandum.—Action for damages; death from negligent act. In the Circuit Court of Cass County; the Hon. Lyman Lacey, Judge, presiding; declaration in case; plea of not guilty; trial by jury; verdict and judgment for plaintiff; appeal by defendant. Heard in this court at the May term, 1894.

Memorandum.—Proceedings for a mechanic’s lien. Appeal from the Circuit Court of Hancock County; the Hon. Charles J. Scofield, Judge, presiding. Bill dismissed upon hearing; appeal by complainants. Heard in this court at the May term, 1894.

Memorandum.—Action for personal injuries. In the Circuit Court of McLean County; the Hon. Thomas F. Tipton, Judge, presiding. Declaration in case; plea of not guilty; trial by jury; verdict and judgment for plaintiff; appeal by defendant. Heard in this court at the May term, 1894.

Memorandum.—Assumpsit on open accounts. In the Circuit Court of Sangamon County; the Hon. Robert B. Shirley, Judge, presiding. Declaration, common counts; pleas, general issue and set-off; trial by jury. verdict and judgment for plaintiff; appeal by defendant. Heard in this court at the May term, 1894.

Memorandum.—Action for personal injuries. In the Circuit Court of Sangamon County; the Hon. Jacob Fouke, Judge, presiding. Declaration in case; plea, not guilty; trial by jury; verdict and judgment for plaintiff; appeal by defendant. Heard in this court at the May term, 1894.

Memorandum.—Trespass. In the Circuit Court of McLean County; the Hon. Thomas F. Tipton, Judge, presiding. Declaration for an assault and battery; plea, general issue; trial by jury; verdict and judgment for plaintiff; appeal by defendant. Heard in this court at the May term, 1894.

Memorandum.—Proceedings under the act providing for assignments for the benefit of creditors. Appeal from an order of the County Court of Sangamon County; the Hon George W. Murray, Judge, presiding. Heard in this court at the May term, 1894, and affirmed.

Memorandum.—Assumpsit. In the Circuit Court of Greene County; the Hon. George W. Herdman, Judge. presiding. Declaration on an insurance policy; plea of general issue with stipulation that all proper matters of defense should be admissible under it; trial by jury; verdict and judgment for plaintiff; appeal by defendant. Heard in this court at the May term, 1894, and affirmed.

Memorandum.—Assumpsit. In the Circuit Court of Edgar County, on appeal from a justice of the peace; the Hon. Ferdinand Bookwalter, Judge, presiding. Trial by jury. Heard on appeal in this court at the May term, 1894, and affirmed.

Memorandum.—Debt on treasurer’s bond. In the Circuit Court of McLean County; the Hon. Thomas F. Tipton, Judge, presiding. Declaration and pleas of nil debit; trial by jury; verdict and judgment for plaintiff; appeal by defendants. Heard in this court at the May term, 1894.

Memorandum.—In Chancery. Appealfromthe CircuitCourt of Coles County; the Hon. Francis M. Wright, Judge, presiding. Bill to set aside a fraudulent conveyance; dismissed on the hearing; appeal by complainant. Heard in this court at the May term, 1894.

Meinoi’aiiflnm.—Action for personal injuries. In the Circuit Court of Coles County; the Hon. Francis M. Wright, Judge, presiding. Declaration in case; plea of not guilty; trial by jury; verdict and judgment for plaintiff; appeal by defendant. Heard in this court at the May term, 1894.

Memorandum.—Replevin. In the Circuit Court of Macon County; the Hon. Edward P. Vail, Judge, presiding. Trial by the court without a jury; finding and judgment for defendants; appeal by plaintiff. Heard in this court at the May term, 1894,

Memorandum.—Action for damages. Death resulting from negligent acts. In the Circuit Court of Blacoupin County; the Hon. Jacob Fouke, Judge, presiding. Declaration in case; plea of not guilty; trial by jury; verdict and judgment for plaintiff; appeal by defendant. Heard in this court at the May term, 1894.

Meniorandum~-Assurnpsit. In the Circuit Court of MoPonough County; the Hon. CHARLES J. ScOFIELO, Judge, presiding. Declaration, special and common counts; plea, general issue; trial by jury; verdict and judgment for plaintiff; appeal by defendant. Heard in this court at the May term, 1894, and affirmed.

Memorandum.—Action for damages; failure to deliver a telegram; In the Circuit Court of Edgar County; the Hon. Ferdinand Bookwalter, Judge, presiding. Trial by jury; verdict and judgment for plaintiff; appeal by defendant. Heard in this court at the May term, 1894.

Memorandum.—Assumpsit. In the Circuit Court of Jersey County; the Hon. George W. Herdman, Judge, presiding. Declaration on a promissory note and common counts; plea of the general issue and statute of limitations; trial by jury; verdict and judgment for plaintiff; appeal by defendant. Heard in this court at the May term, 1894, and affirmed.

Memorandum.—Assumpsit. In the Circuit Court of Macon County; the Hon. Edward P. Vail, Judge, presiding. Declaration on an insurance policy; plea, general issue; trial by the court without a jury; finding and judgment for plaintiff; appeal by defendant. Heard in this court at the May term, 1894, and affirmed.

<p>Memorandum.—Bill for injunction. In the Circuit Court of Coles County; the Hon. Francis M. Wright, Judge, presiding. Appeal in this court dismissed.</p>

Memorandum.—Bill for divorce. In the Circuit Court of McLean County; the Hon. Thomas F. Tipton, Judge, presiding. Appeal from an order refusing to set aside a default. Heard in this court at the May term, 1894.

Memorandum.—Assumpsit. In the Circuit Court of McLean County; the Hon. Thomas F. Tipton, Judge, presiding. Declaration on a building contract; pleas, general issue and notice of set-off, etc.; trial by jury; verdict and judgment for plaintiff; appeal by defendant. Heard in this court at the May term, 1894.

Memorandum.—Replevin. In the Circuit Court of Moultrie County; the Hon. Edward P. Vail, Judge, presiding. Trial by jury; verdict and judgment for defendant; appeal by plaintiff. Heard in this court at the May term, 1894, and affirmed.

Memorandum.—Assumpsit. In the Circuit Court'of DeWitt County; the Hon. George W. Herdmcan, Judge, presiding. Declaration for goods sold; pleas of general issue, recoupment and set-off; trial by jury; verdict and judgment for plaintiff; appeal by defendant. Heard in this court at the May term, 1894, and affirmed.

Memorandum.—Assumpsit. In the Circuit Court of McDonough County; the Hon. Charles J. Scofield, Judge, presiding. Declaration, common counts; pleas, general issue verified; denial of partnership verified and statute of frauds; trial by jury; verdict and judgment for plaintiff; appeal by defendants. Heard in this court at the May term, 1894.

Memorandum.—Action for personal injuries. In the Circuit Court of McLean County; the Hon. Thomas F. Tipton, Judge, presiding. Declaration in case; plea, not guilty; trial by jury; verdict and judgment for plaintiff; appeal by defendant. Heard in this court at the May term, 1894.