56 Ill. App.

Volume 56 — Illinois Appellate Court Reports

149 opinions

56 Ill. App. 17Claypool v. Claypool (1894)Reversed and remanded
Memorandum.—Action for slander. In the Circuit Court of Menard County; the Hon. Cyrus Epler, Judge, presiding. Declaration in case; pleas of the general issue and justification; trial by jury; verdict and judgment for plaintiff: appeal by defendant.
56 Ill. App. 23Shaw v. Camp (1894)and affirmed
Memorandum.—Exceptions to an executor’s report. In the Circuit Court of Piatt County, on appeal from the County Court; the Hon. Francis M. Wright, Judge, presiding. Exceptions overruled; error by plaintiffs. Heard in this court at the May term, 1894,
56 Ill. App. 28Scott v. Burnham (1894)and affirmed
Memorandum.—Action of debt. In the Circuit Court of Champaign County; the Hon. Francis M. Wright, Judge, presiding. Declaration on a bond not to engage in the banking business, etc.; pleas denying breaches, etc.; trial by jury; verdict and judgment for defendant; appeal by plaintiff. Heard in this court at the May term, 1894,
56 Ill. App. 30Clark v. Wallick (1894)Affirmed in part and reversed in part
Memorandum.—In equity. In the Circuit Court of Champaign County; the Hon. Edward P. Vail, Judge, presiding. Bill to foreclose a mortgage; hearing and decree upon master's report; error by complainant. Heard in this court at the May term, 1894.
56 Ill. App. 36Stringam v. Parker (1894)and affirmed
Memorandum.—Action under the dramshop act. In the Circuit Court of Brown County, on change of venue from Scott County; the Hon. Jefferson Orb, 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,
56 Ill. App. 41Cleveland, Cincinnati, Chicago & St. Louis Ry. Co. v. Davis (1894)Reversed and remanded
Memorandum.—Action for personal injuries. In the Circuit Court of Montgomery County; 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.
56 Ill. App. 45Woodard v. People (1894)Reversed and remanded with directions, etc
Memorandum.—Bastardy. Appeal from the Circuit Court of McLean County; the Hon. C. D. Meyers, Judge, presiding. Heard in this court at the May term, 1894.
56 Ill. App. 47Skinner v. Mulligan (1894)Reversed and remanded
Memorandum.—Assumpsit. In the Circuit Court of Champaign County; the Hon. Francis M. Wright, Judge, presiding. Trial by jury; verdict and judgment for plaintiff; appeal by defendants. Heard in this court at the May term, 1894.
56 Ill. App. 53Cleveland, Cincinnati, Chicago & St. Louis Ry. Co. v. McLaughlin (1894)Reversed and remanded
Memorándum.—Action for damages. Death from negligent act. In the Circuit Court of Edgar County; the Hon. Ferdinand Bookwalter, 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.
56 Ill. App. 55Bayless v. People (1894)and affirmed
Memorandum.—Suit on an administrator’s bond. In the Circuit Court of DeWitt County; the Hon. George W. Herdman, Judge, presiding. Declaration in debt; pleas, non est 'factum and pleno administrasit. Trial by the court without a jury: finding and judgment for plaintiff; appeal by defendants. Heard in this court at the May term, 1894,
56 Ill. App. 60City of Pana v. Taylor (1894)and affirmed
Memorandum.—Action for personal injuries. In the Circuit Court of Christian County; the Hon. Jacob Fouke, Judge, presiding. Declaration in case; plea of the general issue; trial by jury; verdict and judgment for plaintiff; appeal by defendant. Heard in this court at the May term, 1894,
56 Ill. App. 65Martin v. Knights (1894)Reversed and remanded
Memorandum.—Motion to quash an execution. Appeal from the Circuit Court of Fulton County; the Hon. Jefferson Orb, Judge, presiding. Heard in this court at the May term, 1894.
56 Ill. App. 72Whitenack v. Agartt (1894)and affirmed
Memorandum.—In equity. Appeal from the Circuit Court of Sangamon County: the Hon. James A. Creighton, Judge, presiding. Proceedings to set aside a conveyance of real estate; decree for defendants; appeal by complainants. Heard in this court at the May term, 1894,
56 Ill. App. 78Terre Haute & Indianapolis R. R. Co. v. Doyle (1894)and affirmed
Memorandum.—Action for injuries caused by frightening horses. In the Circuit Court of Edgar County; the Hon. Edward P. Vail, 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,
56 Ill. App. 79Orton v. City of Lincoln (1894)and affirmed
Memorandum.—Action upon a city clerk’s bond. In the Circuit Court of Logan County; the Hon. George W. Herdman, Judge, presiding. Declaration in debt; trial by jury; verdict and judgment for plaintiff; appeal by defendants. Heard in this court at the May term, 1894,
56 Ill. App. 84Orton v. City of Lincoln (1894)and affirmed
Memorandum.—Action upon a city clerk’s bond. In the Circuit Court of Logan County; the Hon. George W. Herdman, Judge, presiding. Declaration in debt; trial by the court without a jury; finding and judgment for plaintiff; appeal by defendants. Heard in this court at the May term, 1894,
56 Ill. App. 86Cheney v. Langley (1894)Reversed and remanded
Memorandum.—In equity. Appeal from the Circuit Court of Jersey County; the Hon. George W. Herdman, Judge, presiding. Bill for an accounting; dismissal on demurrer; appeal by complainant. Heard in this court at the May term, 1894.
56 Ill. App. 90Cheney v. Beaty (1894)and affirmed
Memorandum.—Assumpsit. In the Circuit Court of Jersey County; the Hon. George \V. Herdman, Judge, presiding. Declaration on promissory notes; plea of the general issue; trial by jury; verdict and judgment for plaintiff; appeal by plaintiff. Heard in this court at the May term, 1894,
56 Ill. App. 94Village of Franklin v. Stringam (1894)Reversed and remanded
Memorandum.—Action for violation of an ordinance. In the County Court of Morgan County; the Hon. O. P. Thompson, Judge, presiding. Declaration in debt; plea of general issue, etc.; trial by the court without a jury; finding and judgment for defendant; appeal by plaintiff. Heard in this court at the May term, 1894
56 Ill. App. 96Stice v. Smith (1894)reversed and remanded
Memorandum.—Assumpsit. In the County Court of Morgan County; the Hon. O. P. Thompson, Judge, presiding. Declaration for lumber sold and delivered; pleas of general issue and statute of frauds; trial by jury; verdict and judgment for plaintiff; appeal by defendant. Heard in this court at the May term, 1894,
56 Ill. App. 100Jury v. Ogden (1894)Reversed and remanded
Memorandum.—Action under the dramshop act. In the Circuit Court of Edgar County; the Hon. Edward P. Vail, Judge, presiding. Trial by jury; verdict and judgment for plaintiff; error by defendants. Heard in this court at the May term, 1894.
56 Ill. App. 107Condell v. Glover (1894)Reversed and remanded with directions
Memorandum.—In equity. In the Circuit Court of Adams County; the Hon. Oscar P. Bonnet, Judge, presiding. Appeal from a decree construing a will. Heard in this’ court at the May term, 1894.
56 Ill. App. 120Strodtman v. County of Menard (1894)and affirmed
Memorandum.—Assumpsit. In the Circuit Court of Menard County; the Hon. Cyrus Epler, Judge, presiding. Declaration; special counts on county warrants and common counts; trial by the court without a jury; finding and judgment for defendant; appeal by plaintiff. Heard in this court at the May term, 1894,
56 Ill. App. 129Morrison v. Burnett (1894)Reversed and remanded
Memorandum.—Action against attorneys for a failure to discharge their duties toward clients. In the Circuit Court of Sangamon County, on change of venue from Morgan County; the Hon. Jacob Fouke, Judge, presiding. Declaration in case; plea of not guilty; trial by jury; verdict and judgment for plaintiff; appealed by defendants. Heard in this court at the May term, 1894.
56 Ill. App. 136Weinberg v. Nessel (1894)Reversed and remanded
Memorandum.—Assumpsit. In the Circuit Court of McDonough County, on appeal from a justice of the peace; the Hon. Charles J. Scofield, Judge, presiding. Trial by jury; verdict and judgment for plaintiSs; error by defendant. Heard in this court at the May term, 1894.
56 Ill. App. 138People v. Oeltjen (1894)Reversed and remanded
Memorandum.—Action on county treasurer’s bond. In the Circuit Court of Menard County; the Hon. Cyrus Epler, Judge, presiding. Declaration in debt; the pleas are stated in the opinion of the court; trial by the court without a jury; finding and judgment for defendants; appeal by plaintiff. Heard in this court at the May term, 1894.
56 Ill. App. 144Lake Erie & Western R. R. Co. v. Holderman (1894)and affirmed
Memorandum.—Action against a railroad company for damage by fire. In the Circuit Court of Ford County; the Hon. Alfred Sample, 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,
56 Ill. App. 147State National Bank v. Payne (1894)and affirmed
Memorandum.-—Assumpsit. In the Circuit Court of Sangamon County, on appeal from a justice of the peace; the Hon. Robert B. Shirley. Judge, presiding; trial by jury; verdict and judgment for plaintiff; appeal by the defendant. Heard in this court at the May term, 1894,
56 Ill. App. 149Petefish, Skiles & Co. v. Buck (1894)Reversed and remanded
Memorandum.—In Chancery. Appeal from the Circuit Court of Cass County; the Hon. Lyman Lacey, Judge, presiding. Creditor’s bill; dismissed on demurrer; appeal by complainant. Heard in this court at the May term, 1894.
56 Ill. App. 153Leon v. Leon (1894)Reversed and remanded
Memorandum.—In chancery. Appeal from the Circuit Court ot Montgomery County; the Hon. Jacob Fouke, Judge, presiding. Bill and decree for accounting; appeal by defendant. Heard in this court at the May term, 1894.
56 Ill. App. 159Thompson v. Wilson (1894)and affirmed
Memorandum.—In chancery. Appeal from the Circuit Court of McLean County; the Hon. Thomas F. Tipton, Judge, presiding. Bill for injunction; hearing and injunction ordered; appeal by defendant. Heard in this court at the May term, 1894,
56 Ill. App. 165Bloomington Electric Light Co. v. Badhourn (1894)Reversed and remanded
Memorandum.—Assumpsit. In the Circuit Court of McLean County, on appeal from a justice of the peace; the Hon. Thomas F. Tipton, Judge, presiding. Trial by jury; verdict and judgment for defendant; appeal by the plaintiff. Heard in this court at the May term, 1894.
56 Ill. App. 173Terre Haute & Indianapolis R. R. Co. v. McCord (1894)and affirmed
Memorandum.—Action for injuring stock. In the Circuit Court of Edgar County, on appeal from a justice of the peace; 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,
56 Ill. App. 181Chicago & Alton R. R. Co. v. Du Bois (1894)Reversed and remanded
Memorandum.—Action for damages; death from negligence in constructing machinery. In the Circuit Court of McLean County; the Hon. Thomas F. Tipton, Judge, presiding. Declaration in case; plea, not guilty; trial by jury; verdict for plaintiff: appeal by defendant. Heard in this court at the May term, 1894.
56 Ill. App. 191Schofield v. Village of Hudson (1894)and reversed
Memorándum.—Action for violation of a village ordinance. In the County Court of McLean County, on appeal from a police magistrate; the Hon. C. D. Meyers, Judge, presiding. Trial by jury; verdict and judgment for plaintiff; appeal by defendant. Heard in this court at the May term, 1894,
56 Ill. App. 196Springfield Consolidated Ry. Co. v. Welsch (1894)and affirmed
. Memorandum.—Action for personal injuries. In the Circuit Court of Sangamon County; the Hon. Bobert B. Shirley, Judge, presiding. Declaration in case; plea, general issue; trial by jury; verdict and judgment for plaintiff; appeal by defendant. Heard in this court at the May term, 1864,
56 Ill. App. 199Dwelling House Insurance v. Garner (1894)and affirmed
Memorandum.—Assumpsit. In the County Court of Vermilion County; the Hon. John G. Thompson, Judge, presiding. Declaration on policy of insurance; pleas, general issue and special pleas. (1) That at time of insurance by defendant there was other insurance upon property destroyed without any agreement therefor being added to or indorsed upon said policy.
56 Ill. App. 203Van Frank v. United States Masonic Benevolent Ass'n (1894)and affirmed
Memorandum.—Assumpsit. In the Circuit Court of Adams County; the Hon. Oscar P. Bonney, Judge, presiding. Declaration on a certificate of a beneficiary association; pleas, general issue and special plea; trial by jury; verdict and judgment for defendant; appeal by plaintiff. Heard in this court at the May term, 1894,
56 Ill. App. 207Dinsmoor v. Bressler (1894)
Memorandum.—Appeal from an order made by the Circuit Court of Whiteside County, the Hon. John D. Crabtree, Judge, presiding, in a proceeding under Sec. 81, Chap. 3, B. S., entitled “ Administration of Estates.” Heard in this court at the December term, 1893.
56 Ill. App. 216Udell v. Slocum (1894)and affirmed
Memorandum.—Replevin and trover. In the Circuit Court of McHenry county, on appeal from a justice of the. peace; the Hon. Charles Kellum, Judge, presiding. Trial by jury; verdict for the plaintiff by direction of the court; appeal by defendants. Heard in this court at the December term, 1893,
56 Ill. App. 221Illinois Central Railroad v. Stassen (1894)and reversed
Memorandum.—Action for damages; death from negligent act. In the Circuit Court of Will County; the Hon. Dorrance Dibell, 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 December term, 1893,
56 Ill. App. 224Delbridge v. Young (1894)and affirmed
Memorándum.—Assumpsit. Appeal from the Circuit Court of La Salle County; heard in that court on appeal from a justice of the peace; the Hon. Dorrance Dibell, Judge, presiding. Trial by jury; verdict and judgment for plaintiff; appeal by defendant. Heard in this court at the December term, 1893,
56 Ill. App. 225Dinsmoor v. Woodburn (1894)and affirmed
1. Appellate Court Practice—Exceptions, How Taken and Preserved.—Exceptions can only be taken and preserved by a bill of exceptions. Where a case is tried by the court without a jury, it is not necessary that a motion for a new trial should be made, overruled, and exceptions taken, but it is necessary that there should be an exception to the finding and judgment.
56 Ill. App. 227Frank v. Heaton (1894)and affirmed
Memorandum.—Assumpsit. In the Circuit Court of Whiteside County; the Hon. James Shaw, 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,
56 Ill. App. 231Brown v. Starin (1894)Reversed and remanded
Memorandum.—Appeal from an interlocutory order under the voluntary assignment act, entered by the County Court of Lake County; the Hon. Francis E. Clark, Judge, presiding. Heard in this court at the May term, 1894.
56 Ill. App. 235Clay v. Chicago, Burlington & Quincy R. R. Co. (1894)and affirmed
Memorandum.—Action for personal injuries. In the Circuit Court of La Salle Comity; the Hon. Charles Blanchard, Judge, presiding. Declaration in case; plea, not guilty; verdict for the defendant by direction of the court; appeal by plaintiff. Heard in this court at the May term, 1894,
56 Ill. App. 239Flynn v. Wilkinson (1894)and affirmed
1. Estoppel—Not by Statements in a Borrowed Abstract of Title. — The mere act by the owner of an abstract of title of allowing a party to use it as an accommodation, can not have the effect of binding such owner to answer for any representations of title contained in the abstract. 2. Sales En Masse—Motion to Set Aside.—Where a judicial sale of land is irregular, as being made en masse, persons affected thereby may have the same set aside by motion before the period for redemption expires. 3. Improvements—Pass by Foreclosure Sale.—Improvements put upon lands pass by a foreclosure sale.
56 Ill. App. 242Chicago, Burlington & Quincy R. R. Co. v. Yorty (1894)and affirmed
Memorandum.—Action for frightening horses. In the Circuit Court of La Salle County; the Hon. Charles Blanchard, 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,
56 Ill. App. 245Steurer v. Ried (1894)and affirmed
Memorandum.—Action for debauching and ill-treating plaintiff. In the Circuit Court of Boone County; the Hon. Charles Kellum, Judge presiding. Declaration in trespass; plea of general issue; trial by jury; verdict and judgment for defendant; appeal by plaintiff. Heard in this court at the May term, 1894,
56 Ill. App. 248Minnesota Lumber Co. v. Whitebreast Coal Co. (1894)and affirmed
Memorandum.—Assumpsit. In the Circuit Court of De Kalb County; the Hon. Henry B. Willis, Judge, presiding. The pleadings are contained in the- statement of the case; trial by the court without a jury; finding and judgment for the plaintiff; appeal by defendant, Heard in this court at the May term, 1894,
56 Ill. App. 258Plano Manufacturing Co. v. Parmenter (1894)and affirmed
Memorandum.—Assumpsit. In the Circuit Court of Peoria County, on appeal from a justice of the peace; the Hon. Nicholas E. Worthington, Judge, presiding. Trial by jury; verdict and judgment for the plaintiff; appeal by defendant. Heard in this court at the May term, .1894,
56 Ill. App. 260Bell v. Cassem (1894)and affirmed
Memorandum.—Foreclosure proceedings. In the Circuit Court of Kendall County; the Hon. Clark W. Upton, Judge, presiding. Decree for complainants; error by defendants. Heard in this court at the May term, 1894,
56 Ill. App. 263Larson v. Central Railway Co. (1894)Beversed and remanded
Memorandum.—Trespass to personal property. In the Circuit Court of Peoria County, on appeal from a justice of the peace; the Hon, Nicholas E. Worthington, Judge, presiding. Trial by jury; verdict and judgment for defendant; appeal by plaintiff. Heal'd in this court at the May term, 1894.
56 Ill. App. 269Meinke v. Nelson (1894)Reversed and remanded for excessive damages
Memorandum.—Trespass to personal property. In the Circuit Court of La Salle County; the Hon. Charles Blanchard, Judge, presiding. Declaration de bonis asportatis; pleas, general issue and license; trial by jury; verdict and judgment for plaintiff; appeal by defendant. Heard in this court at the May term, 1894.
56 Ill. App. 272Kingman & Co. v. Meeks (1894)affirmed
Memorandum.—Assumpsit. In the Circuit Court of Kane County; the Hon. Henry B. Willis, Judge, presiding. Declaration on the contract hereafter set forth.
56 Ill. App. 280Mitchell v. Goodell (1894)and affirmed
Memorandum.—Claim in probate. In the Circuit Court of La Salle County, on appeal from the Probate Court; the Hon. Charles Blanchard, Judge, presiding. Hearing and disallowance of claim; appeal by claimant. Heard in this court at the May term, 1894,
56 Ill. App. 282Watte v. Thayer (1894)and affirmed
Memorandum.—Assumpsit. In the Circuit Court ‘of Will County; the Hon. Dorrance Dibell, Judge, presiding. Trial by jury; verdict and judgment for defendant; appeal by plaintiff. Heard in this court at the May term, 1894,
56 Ill. App. 287Witney v. Bohlen (1894)and affirmed
1. Appellate Court Practice—Second Appeals upon Determined Questions.—When, on appeal from an order overruling a motion to vacate a judgment, the action of the lower court is reversed, and the cause, upon being remanded, is reinstated in that court, and the motion sustained, such action will be affirmed upon a second appeal, if no other questions are involved.
56 Ill. App. 288Cook v. Watts (1894)and affirmed
Memorandum.—Replevin. Error to the Circuit Court of Iroquois County; the Hon. Alfred Sample, Judge, presiding. Heard in this court at the May term, 1894,
56 Ill. App. 289McPhail v. People ex rel. Lambert (1894)and affirmed
Memorandum.—Quo warranto proceedings. In .the Circuit Court d'f Peoria County; the Hon. Thomas M. Shaw, Judge, presiding. Trial and judgment of ouster; appeal by defendant. Heard in this court at the May term, 1894,
56 Ill. App. 294City of La Salle v. Wright (1894)Reversed and remanded
Memorandum.—Action for personal injuries. In the Circuit Court of La Salle County; the Hon. Charles Blanchard, 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 Mav term, 1894.
56 Ill. App. 298Bourland v. SpringDale Cemetery Ass'n (1894)and affirmed
Memorandum.—Proceedings in equity. In the Circuit Court of Peoria County; the Hon. Thomas M. Shaw, Judge, presiding. Hearing on demurrer and bill dismissed; appeal by complainants. Heard in this court at the May term, 1894,
56 Ill. App. 302Brothers v. Knittle (1894)and affirmed
Memoran(1 mil.—Assumpsit. In the Circuit Court of Knox County; the Hon. Arthur A. Smith, Judge, presiding. Declaration on contract, etc.; plea, general issue, set-off and payment; trial by jury; verdict for-plaintiff; appeal by defendant. Heard in this court at the May term, 1894,
56 Ill. App. 306Milling v. Andrew Hillenbrand (1894)and affirmed:
Memorandum.—Action of debt. In the Circuit Court of La Salle County; the Hon. Charles Blanchard, Judge, presidhig. Declaration on a replevin bond; trial by jury; verdict for plaintiff for nominal damages; appeal. Heard in this court at the May term, 1894,
56 Ill. App. 309Deering v. Wiley (1894)Reversed and remanded
Memorandum.—Assumpsit. In the County Court of La Salle County; the Hon. B. F. Lincoln, Judge, presiding; declaration on promissory note and guaranty; the pleas are stated in the opinion of the court; trial by jury; verdict and judgment for defendant; appeal by plaintiff. Heard in this court at the May term, 1894.
56 Ill. App. 312Owens v. Owens (1894)and affirmed
Memorandum.—Divorce and separate maintenance. In the Circuit Court of Stark County; the Hon. Thomas M. Shaw, Judge, presiding. Decree for alimony, etc., on cross-bill; error by complainant. Heard in this court at the May term, 1894,
56 Ill. App. 314Luthy & Co. v. Kline (1894)affirmed
Memorandum.—Action of debt. In the Circuit Court of Livingston County; the Hon. Thomas F. Tipton, Judge, presiding. Declaration on a replevin bond; trial by the court; finding and judgment for plaintiff; appeal by defendant. Heard in this court at the May term, 1894, and
56 Ill. App. 320Sloan v. Lingafelter (1894)and affirmed
Memorándum.—Replevin. In the Circuit Court of Mercer County, on appeal from a justice of the peace; the Hon. John J. Glenn, Judge, presiding. Trial by jury; verdict for defendant; appeal by plaintiff. Heard in this court at the May term, 1894,
56 Ill. App. 322Muhlke v. Hegerness (1894)Reversed and remanded
Memorandum.—Assumpsit. In the Circuit Court of Ogle County; the Hon. James Shaw, Judge, presiding. Declaration on a promissory note by indorsee; plea of fraud and circumvention; trial by jury; verdict and judgment for defendant; error by plaintiff. Heard in this court at the May term, 1894.
56 Ill. App. 327Chicago, Santa Fe & California Railway Co. v. Ashling (1894)and affirmed
Memorandum.—Action of debt. In the Circuit Court of La Salle County; the Hon. Charles Blanchard, Judge, presiding. Declaration on a judgment; pleas nil debit, nul tiel record and special plea denying consolidation; jury waived and trial by the court; finding and judgment for the plaintiff; error by the defendant. Heard in this court át the May term, 1894,
56 Ill. App. 336Scobey v. Town of Manteno (1894)and affirmed
Memorandum.—Assumpsit for services. In the Circuit Court of Kankakee County, on appeal from a justice of the peace; the Hon. Charles R. Starr, Judge, presiding. Trial by jury; verdict and judgment for defendant; appeal by plaintiff. Heal’d in this court at the May term, 1894,
56 Ill. App. 338Rockford Insurance v. Williams (1894)and affirmed
Memorandum.—Assumpsit. In the Circuit Court of Iroquois County; the Hon. Charles R. Starr, Judge, presiding. Declaration on an insurance policy;1 trial by jury; verdict and judgment for plaintiff; appeal by defendant. Heard in this court at the May term, 1894,
56 Ill. App. 343Matzenbaugh v. Doyle (1894)and affirmed
Confession of Judgment—Statute of Limitations.—In a case of confession of judgment by cognovit, it is necessary to show by the record that the power to confess the judgment was in existence; the presumption is that if by the running of the statute of limitations the debt is barred, the power to confess judgment contained in the power of attorney is also barred. 2. Same—Void for Want of Proof of the Execution of the Power.—A judgment by confession is void where the power of attorney under which it is confessed is not accompanied by an affidavit showing its execution. 3. Judgments—Must Stand or Fall by the Becord.—A judgment record must either stand or fall, by what is contained in it. It can not be aided by extrinsic proof. If entered by confession, and it appears on the face of the record that the power of attorney, by virtue of which the confession was made, is barred by the statute of limitations because the debt is so barred, the judgment is void. 4. Same—By Confession in Vacation.—The confession of a judgment in vacation is a statutory proceeding in derogation of common law, and a judgment so confessed will not be held valid, unless there is a strict compliance with the statute.
56 Ill. App. 346Nevitt v. Woodburn (1894)and affirmed
Memorandum.—Action of debt. , In the Circuit Court of Whiteside County; the Hon. John D. Crabtree, Judge, presiding. Declaration on an executor’s bond; the pleas are stated in the opinion of the court; trial by jury; verdict and judgment for plaintiff; appeal by defendant. Heard in this court at the May term, 1894,
56 Ill. App. 351Wenona Zinc Co. v. Dunham (1894)and affirmed
Memorandum.—Action for damages to premises from noxious gases. In the Circuit Court of La Salle County; the Hon. Charles Blanchard, 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,
56 Ill. App. 357Clark v. Gibbons (1894)Reversed and remanded
Memorandum.—Petition in probate for the surrender of certain notes, etc. In the Circuit Court of Peoria County, on appeal from the Probate Court of said county; the Hon. Nicholas E. Worthington, Judge, presiding. Hearing and decree for petitioners; appeal. Heard in this court at the May term, 1894.
56 Ill. App. 360Clark v. Kingman (1894)Reversed and remanded
Memorandum.—Appeal from the Circuit Court of Peoria County; the Hon. Nicholas E. Worthington, Judge, presiding. Heard in that court on appeal from the Probate Court of said county. Heard in this court at the May term, 1894.
56 Ill. App. 362Brayton v. Harding (1894)Reversed and remanded
1. Estoppel—Where it Applies—Inducements by the Conduct of Another.—The doctrine of estoppel will apply where the acts of a party against whom it is applied, induce the conduct of an innocent party and produce a fraudulent result. It is not essential that fraud be shown.
56 Ill. App. 364Elgin City Railway Co. v. Wilson (1894)Reversed and remanded
Memorandum.—Action for personal injuries. In the Circuit Court of Kane County; the Hon. Henry B. Willis, 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.
56 Ill. App. 368McKowan v. Harmon (1894)and affirmed
Memorandum.—Trespass. In the Circuit Court of Peoria County, on appeal from a justice of the peace; the Hon. Nicholas E. Worthington, Judge, presiding. Trial by jury; verdict and judgment for plaintiff; appeal by defendant. Heard in this court at the May term, 1894,
56 Ill. App. 370City of Sterling v. Grove (1894)and affirmed
1. Special Interrogatories—Bill of Exceptions.—If a party desires to assign error because the counsel for the opposite party submitted to the court, and the court gave to the jury, questions of fact to be found by them, without submitting such questions to him before the commencement of the arguments, he must except to the action of the court at the time, and preserve his exception in a bill of exceptions. 3. Bill of Exceptions—Must be Under Seal.—There can be no legal bill of exceptions without a seal to the signature of the judge signing the bill, as required by the statute.
56 Ill. App. 372City of Fulton v. Northern Illinois College (1894)
Memorandum.—Foreclosure. In the Circuit Court of Whiteside County; the Hon. John D. Crabtree, Judge, presiding. Decree or demurrer to bill; error by complainant. Heard in this court at the May term, 1894.
56 Ill. App. 378Godfrey v. Streator Railway Co. (1894)Reversed and remanded
Memorandum.—Action for killing a horse. Electric wires. In the Circuit Court of La Salle County; the Hon. Dorrance Dibell, Judge, presiding. Trial by jury; verdict for defendant by direction of the court; appeal by plaintiff. Heard in this court at the May term, 1894.
56 Ill. App. 381Ostrander v. von Tobel (1894)Reversed and remanded with directions
Memorandum.—Mechanics’ Liens. In the Circuit Court of Livingston County; the Hon. Thomas F. Tipton, Judge, presiding. Decree for petitioner; appeal by defendant. Heard in this court at the May term, 1894.
56 Ill. App. 384Chicago & Alton Railroad v. Barnett (1894)Reversed and remanded
Memorandum.—Action for personal injuries. In the Circuit Court of Will County; the Hon. Dorrance Dibell, Judge, presiding. Declaration in case and plea of not guilty; trial by jury; verdict and judgment for plaintiff; appeal by defendant. Heard in this court at the May term, 1894.
56 Ill. App. 389Cloidt v. Wallace (1894)and affirmed
Memorandum.—Action for libel. In the Circuit Court of Kankakee County; the Hon. Nathaniel J. Pillsbury, Judge, presiding. Declaration in case; plea of general issue and notice of justification; trial by jury; verdict and judgment for defendant; error by plaintiffs. Heard in this court at the May term, 1894,
56 Ill. App. 391Heist v. People (1894)Judgment reversed
1. Costs—In Criminal Cases.—Where a defendant is tried upon a criminal charge and acquitted, he is absolved from the payment of all costs. 2. Same—Of Continuance in Criminal Cases.—Where a defendant in a criminal case shows a legal right to a continuance, in order to properly present bis defense, he can not be compelled to pay the costs of the term to obtain it.
56 Ill. App. 392Todd v. Todd (1894)and affirmed
. Memorandum.—In equity. Appeal from the Circuit Court of Peoria County; the Hon. Thomas M. Shaw, Judge, presiding. Heard in this court at the May term, 1894,
56 Ill. App. 396Dillman v. Nadelhoffer (1894)and affirmed
Memorandum.—Assumpsit. In the Circuit Court of Will County; the Hon. Charles Blanchard, Judge, presiding. Trial by the court without a jury; finding and judgment for plaintiff in error by defendant. Heard in this court at the May term, 1894,
56 Ill. App. 402Great Western Telegraph Co. v. Barker (1894)and affirmed
Memorandum.—Assumpsit. In the Circuit Court of La Salle County; the Hon. Charles Blanchard, Judge, presiding. Declaration on a contract .of subscription; judgment on demurrer to declaration; error by plaintiff. Heard in this court at the May term, 1894,
56 Ill. App. 422Richards v. Baumgart (1894)and affirmed
Memorandum.—Action for slander. In the Circuit Court of Wood-ford County: the Hon. Nicholas E. Worthington, Judge, presiding. Declaration in case; plea, general issue; trial by jury; verdict and judgment for plaintiff; error by defendant. Heard in this court at the May term, 1894,
56 Ill. App. 425Rall v. Donnelly (1894)and affirmed
Memorandum.—Action for libel. In the Circuit Court of Jo Daviess County; the Hon. John D. Crabtree, Judge, presiding. Judgment for defendants on demurrer to plea; error by plaintiff. Heard in this court at the May term, 1894,
56 Ill. App. 431Modern Woodmen of America v. Hoover (1894)and reversed with a finding of facts
Memorandum.—Assumpsit. In the Circuit Court of Peoria County, the Hon. Thomas M. Shaw, Judge, presiding. Declaration on a certificate in a beneficiary association; trial by jury; verdict and judgment for plaintiff; appeal by defendant. Heard in this court at the May term, 1894,
56 Ill. App. 439Seacord v. Matteson (1894)Reversed and remanded
Memorandum.—Claim in Probate. In the Circuit Court of Knox County, on appeal from the Probate Court of said county; the Hon. Arthur A. Smith, Judge, presiding. Trial by jury; verdict and judgment for claimant; appeal by defendant. Heard in this court at the May term, 1891.
56 Ill. App. 446Pyfer v. Wales (1894)Reversed and remanded with directions
Memorandum.—Bill of interpleader. Appeal from the Circuit Court of Ogle County; the Hon. James Shaw, Judge, presiding. Heard in this court at the May term, 1894
56 Ill. App. 454Kankakee Electric Railway Co. v. Lade (1894)Reversed and remanded
Memorandum.—Action for damages, frightening horses. In the Circuit Court of Kankakee County; the Hon. Charles R. Starr, Judge, presiding. Declaration in case and plea of not guilty; trial by jury; verdict and judgment for plaintiff; appeal by defendant. Heard in this court at the May term, 1894.
56 Ill. App. 458Village of Bureau Junction v. Long (1894)and reversed with finding of facts
Memorandum.—Action for damages. In the Circuit Court of Bureau County; the Hon. Charles Blanchard, Judge, presiding. Declaration in case; plea of not guilty; trial by jury; verdict and judgment for plaintiff; error by defendant. Heard in this court at the May term, 1894,
56 Ill. App. 462Illinois Central Railroad v. Winslow (1894)and reversed with a finding of facts
Memorandum.—Action for personal injuries. In the Circuit Court of Kankakee County. The Hon. Charles R. Starr, 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,
56 Ill. App. 466Coleman v. Wiley (1894)and affirmed
Memorandum.—Trespass. In the Circuit Court of LaSalle County, on appeal from a justice of the peace; the Hon. Charles Blanchard, Judge, presiding. Trial by jury; verdict and judgment- for plaintiff; appeal by defendant. Heard in this court at the May term, 1894,
56 Ill. App. 467Cornshock v. People (1894)and affirmed
Memorándum.—Information. In the County Court of Livingston County; the Hon. R. R. Miller, Judge, presiding. Trial by jury and conviction; appeal by defendant. Heard in this court at the May term, 1894,
56 Ill. App. 472Mischke v. Chicago, Burlington & Quincy R. R. Co. (1894)and affirmed
Memorandum.—Action for personal injuries. In the Circuit Court of La Salle County; the Hon. Charles Blanchard, Judge, presiding. Declaration in case; plea, not guilty; trial by jury; verdict for defendants by instruction of the court and judgment; appeal by plaintiff. Heard in this court at the May term, 1894,
56 Ill. App. 475Illinois Central Railroad v. Ashline (1894)Reversed and remanded
Memorandum.—Action for damages. Death from negligence. In the Circuit Court of Kankakee County; the Hon. Osarles R: Starr, 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.
56 Ill. App. 478Illinois Central Railroad v. Case (1894)and reversed with a finding of facts
Memorandum.—Action for damages. Death from negligent act. In the Circuit Court of Kankakee County; the Hon. Charles R. Starr, 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,
56 Ill. App. 480Hemm v. Small (1894)Reversed with direction
Memorandum.—In equity. Appeal from the Circuit Court of Kendall County; the Hon. Clark W. Upton, Judge, presiding. Hearing upon a creditor’s bill and decree for defendant. Heard in this court at the May term, 1894.
56 Ill. App. 483Miller v. Crouse (1894)and affirmed
Memorandum.—Assumpsit. In the Circuit Court of Carroll County; the Hon. John D. Crabtree, Judge, presiding. Declaration on contract and common counts; plea of general issue; trial by jury; verdict and judgment for plaintiff; appeal by defendant. Heard in this court at the May term, 1894,
56 Ill. App. 486Overstreet v. Dunlap (1894)and affirmed
Memorandum.—Assumpsit. In the Circuit Court of Knox County; the Hon. Arthur A. Smith, Judge, presiding. Declaration on a promissory note; the pleas are stated in the opinion of the court; trial by jury; verdict and judgment for defendant; appeal by plaintiff. Heard in this court at the May term, 1894,
56 Ill. App. 496McCornack v. Sornberger (1894)and affirmed
Memorandum.—Action for damages. Negligently setting fire to straw. In the Circuit Court of Knox County; the Hon. Arthur A. Smith, 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,
56 Ill. App. 499Safford v. Graves (1894)Reversed and remanded
Memorandum.—Claim in probate. In the Circuit Court of Kane County, on appeal from the Probate Court of said county; the Hon. Henry B. Willis, Judge, presiding. Trial by the court without a jury; finding and judgment for the defendant; appeal by plaintiff. Heard in this court at the May term, 1894.
56 Ill. App. 502City of Joliet v. Looney (1894)and affirmed
Memorandum.—Action for personal injuries. In the Circuit Court of Will County; the Hon. Dorranoe Dibell, 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,
56 Ill. App. 506P. O. Krans & Co. v. Luthy & Co. (1894)Reversed and remanded
Memorandum.—Assumpsit. In the Circuit Court of Henry County; the Hon. John J. Glenn, Judge, presiding. Declaration, common counts; plea of general issue and denial of jpint liability; trial by jury; verdict and judgment for plaintiff; appeal by defendant. Heard in .this court at tke May term, 1894.
56 Ill. App. 510Kankakee Water Works Co. v. Irwin (1894)and affirmed
Memorandum.—Action for damages. In the Circuit Court of Kankakee County; the Hon. Charles R. Starr, Judge, presiding. Declaration for obstructing a sewer; trial by jury; verdict and judgment for plaintiff; appeal by defendant. Heard in this court at the May term, 1894,
56 Ill. App. 513Durham v. Evans (1894)and affirmed
Memorandum.—Assumpsit. In the Circuit Court of Kankakee County; the Hon. Charles R. Starr, Judge, presiding. Declaration, special and common counts; trial by jury; verdict and judgment for plaintiff; appeal by defendant. Heard in this court at the May term, 1894,
56 Ill. App. 515City of St. Charles v. Hannon (1894)and affirmed
Memorandum.—Action for personal injuries. In the Circuit Court of Kane County; the Hon. Henry B. Willis, 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,
56 Ill. App. 517Dillman v. Nadelhoffer (1894)and affirmed
Memorandum.—Bill to remove a fraudulent conveyance and in aid of an execution. In the Circuit Court of Will County; the Hon. Charles Blanchard, Judge, presiding. Decree for complainants; appeal by defendants. Heard in this court at the May term, 1894,
56 Ill. App. 525Stein v. Blake (1894)and affirmed
Memorandum.—Assumpsit for legal services. In the Circuit Court of La Salle County, on appeal from a justice of the peace; the Hon. Dorrance Dibell, Judge, presiding; trial by jury; verdict and judgment for plaintiff; appeal by defendant. Heard in this court at the May term, 1894,
56 Ill. App. 532Hacker v. Munroe & Son (1894)Reversed and remanded
Memorandum.—Replevin. In the Circuit Court of Will County; the Hon. Dorrange Dibell, Judge, presiding. The pleadings are stated in the opinion of the court; trial by jury; verdict and judgment for plaintiffs; appeal by defendants. Heard in this court at the May term, 1894.
56 Ill. App. 542Illinois Central Railroad v. Reardon (1894)and affirmed
Memorandum.—Action for damages. Death caused by negligence. In the Circuit Court of Jo Daviess County; the Hon. James Shaw, 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,
56 Ill. App. 545Condit v. Dady (1894)Reversed and remanded with directions
Memorándum.— Injunction to restrain the prosecution of a suit at law. In the Circuit Court of Lake County; the Hon. Clark W. Upton, Judge, presiding. Decree for complainant; appeal by defendant. Heard in this court at the May term, 1894.
56 Ill. App. 552Classen v. Danforth (1895)and affirmed
Memorandum.—Bill for injunction. In the Circuit Court of Iroquois County; the Hon. Charles R. Starr, Judge, presiding; bill dismissed for want of prosecution; appeal by complainant. Heard in this court at the December term, 1894,
56 Ill. App. 555Norman Frame & Son v. Murphy (1895)and affirmed
Memorandum.—Trover. In the County Court of McHenry County; the Hon. C. H. Donnelly, Judge, presiding. Trial by jury; verdict and judgment for plaintiff; appeal by defendant. Heard in this court at the December term, 1894,
56 Ill. App. 558Hutchinson National Bank v. Crow (1895)Reversed and remanded
Memorandum.—Attachment. In the Circuit Court of Iroquois County; the Hon. Charles R. Starr, Judge, presiding. Trial upon an interpleader; verdict and judgment for the interpleading claimant; appeal by the plaintiff in attachment. Heard in this court at the December term, 1894.
56 Ill. App. 569Owens v. People (1895)and affirmed
Memorandum.—Indictment for selling intoxicating liquors. In the Circuit Court of Will County; the Hon. Charles Blanchard, Judge, presiding. Trial by jury; verdict of guilty; appeal by defendant. Heard in this court at the December term, 1894,
56 Ill. App. 571Scott v. Rogers (1895)and affirmed
Memorandum.—Debt. In the Circuit Court of Mercer County; the Hon. John J. Glenn, Judge, presiding. Declaration on a replevin bond; trial by jury; verdict and judgment for plaintiff; error by defendant. Heard in this court at the December term, 1894,
56 Ill. App. 575DeWane v. Hansow (1895)Reversed and remanded
1. Practice—Opening Statements on'the Trial of Appeal Cases.— On the trial of an action in the Circuit Court on appeal from a justice of the peace, the plaintiff is not bound by the opening statement made by his counsel in presenting the case to the jury. 2. Same—Office of an Opening Statement.—The office of an opening statement is to enlighten the jury upon the issues involved so as to prepare their minds for the evidence, and the attorney making it should confine himself to the proposed proofs and make it sufficiently full for their understanding of the case. The plaintiff should not be confined in his evidence to the facts recited in the statement. 3. Necessaries—The Parent Bound for.—The parent is bound for necessaries furnished his minor child when the child is living apart fix m him with his consent.
56 Ill. App. 577Chicago & Great Western Railway Co. v. Hogan (1895)and affirmed
Memorandum.—Action for damages caused by fire. Appeal from the County Court of Ogle County; the Hon. John D. Campbell, Judge, presiding. Heard in this court at the December term, 1894,
56 Ill. App. 578Atchison, Topeka & Santa Fe Railroad v. Alsdorf (1894)Reversed and remanded
Memorandum.—Action for personal injuries. In the Circuit Court of Grundy County; the Hon. Dorrance Dibell, Judge, presiding; declarar tionin case; plea of not guilty; trial by jury; verdict and judgment for plaintiff; appeal by defendant. Heard in this court at the December term, 1894.
56 Ill. App. 581Hutchins v. Heffran (1895)Reversed and remanded
Memorandum.—In equity. Bill for injunction. In the Circuit Court of Winnebago County; the Hon. John D. Crabtree, Judge, presiding; decree for complainant; appeal by defendant. Heard in this court at the December term, 1894.
56 Ill. App. 587Coffeen Coal & Copper Co. v. Barry (1895)and affirmed
Memorandum.—Assumpsit. In the Circuit Court of Montgomery County; the Hon. Robert B. Shirley, Judge, presiding. Common counts and plea of the general issue; trial by the court; judgment for plaintiff; error by defendant. Heard in this court at the November term, 1894,
56 Ill. App. 591Wilson v. Kelly (1895)and affirmed
i. Questions op Fact por the Jury—Verdicts Final.—Where, in a case, the entire proof considered, warrants the verdict, the court can not properly interfere if the jury have been properly instructed.
56 Ill. App. 591Coffeen Coal & Copper Co. v. Banner (1895)Affirmed
1. Cases—Governed, etc.—Coffeen Coal & Copper Co. v. Barry, supra, governs these cases.
56 Ill. App. 593Johnson v. Cunningham (1895)and affirmed
Memorandum.—Action for obstructing a drain. In the Circuit Court of Vermilion County; the Hon. Ferdinand Bookwalter, Judge, presiding. Declaration in case; plea, not guilty; trial by jury; verdict and judgment for defendants; appeal by plaintiff. Heard in this court at the November term, 1894,
56 Ill. App. 598Village of Germantown v. Goodner (1895)and affirmed
1. Practice in Appellate Court —Improper Abstracts.—When nothing is shown in the abstract upon which to base an objection, it will not be considered.
56 Ill. App. 599Avery Planter Co. v. Rigg (1895)and affirmed
Memorandum.—Assumpsit on a promissory note. In the Circuit Court of McDonough County; the Hon. Charles J. Scofield, Judge, presiding. Trial by jury; verdict and judgment for defendant; appeal by plaintiff. Heard in this court at the November term, 1894,
56 Ill. App. 604Cleveland, C. C. & St. L. R. R. Co. v. Strong (1895)and affirmed
Memorandum.—Assumpsit. In the Circuit Court of Champaign County; the Hon. Ferdinand Bookwalter, Judge, presiding. Declaration on implied contract; plea, general issue; trial by jury; verdict and judgment for plaintiff; appeal by defendant. Heard in this court at the November term, 1894,
56 Ill. App. 606Powers v. Egelhoff (1895)and affirmed
Memorandum.—In Equity. In the Circuit Court of Jersey County; the Hon. George W. Herdman, Judge, presiding. BiB. to subject lands to the payment of a legacy; dismissed on demurrer; appeal by complainant. Heard in this court at the November term, 1894,
56 Ill. App. 613Klemm v. Bishop (1894)and affirmed
Memorandum.—Debt. In the Circuit Court of McLean County; the Hon. Thomas F. Tipton, Judge, presiding. Declaration on a sheriff’s bond; plea that the goods and chattels were not the goods and chattels of the defendants in execution; jury waived and trial by court; judgment for defendants; appeal by plaintiff. Heard in this court at the November term, 1894,
56 Ill. App. 618City of Champaign v. Maguire (1895)and affirmed
Memoran(1 uni.&emdash;Action for a nuisance. In the Circuit Court of Champaign County; the Hon. Francis M. Wright, Judge, presiding. Declar ration in case; plea, not guilty. Trial by jury; verdict and judgment for plaintiff; appeal by defendant. Heard in this court at the November term, 1894,
56 Ill. App. 621Hanover Fire Ins. v. Orr (1895)and reversed
Memorandum.—Assumpsit. In the Circuit Court of Vermilion County; the Hon. Ferdinand Bookwalter, Judge, presiding. Declaration on a policy of insurance; plea, general issue; jury waived; trial by the court; finding and judgment for plaintiff; appeal by defendant. Heard in this court at the November term, 1894,
56 Ill. App. 621City of Champaign v. Beasley (1895)Affirmed
Memorandum.—Case. Appeal from the Circuit Court of Champaign County; the Hon. Francis M. Weight, Judge, presiding.
56 Ill. App. 627National Fire Insurance v. Orr (1895)and reversed
Memorandum.—Assumpsit. In the Circuit Court of Vermilion County; the Hon. Ferdinand Bookwalter, Judge, presiding. Declaration on a policy of insurance; plea of the general issue; trial by the court; judgment for plaintiff; appeal by defendant. Heard in this court at the November term, 1894,
56 Ill. App. 629Hartford Fire Ins. v. Orr (1895)Reversed and judgment entered in this court
Memorandum.—Assumpsit. In the Circuit Court of Vermilion County; the Hon. Ferdinand Bookwalter, Judge, presiding,- Declaration on a policy of insurance; plea, general issue; jury waived and trial by the court; finding and judgment for plaintiff; appeal by defendant. Heard in this court at the November term, 1894.
56 Ill. App. 637German Insurance v. Orr (1895)affirmed
Memorandum.— Assumpsit. In the Circuit Court of Vermilion County; the Hon. Ferdinand Bookwalter, Judge, presiding. Declaration on a policy of insurance; plea of the general issue; jury waived, and trial by the court; finding and judgment for the plaintiff; appeal by defendant. Heard in this court at the November term, 1894, and
56 Ill. App. 642People ex rel. Gore v. Illinois Building & Loan Ass'n (1895)and affirmed
Memorandum.—Proceedings to dissolve a building and loan association. In the Circuit Court of McLean County; the Hon. Alfred Sample, Judge, presiding. Appeal from an order appointing a receiver. Heard in this court at the November term, 1894,
56 Ill. App. 646Carter v. Andrews (1895)and affirmed
Memorandum.—Assumpsit. In the County Court of Vermilion County; the Hon. J. G. Thompson, Judge, presiding. Trial by jury; verdict and judgment for plaintiff; appeal by defendant. Heard in this court at the November term, 1894,
56 Ill. App. 649Fisher v. Barnett (1895)and affirmed
Memorandum.—In equity. In the Circuit Court of Vermilion County; the Hon. Ferdinand Bookwalter, Judge, presiding. Bill to reform a promissory note; decree for complainants; appeal by defendants. Heard in this court at the November term, 1894,
56 Ill. App. 652Joseph Chamberlain v. City of Litchfield (1895)and affirmed
Memorandum.—Suit for a violation of an ordinance. In the Circuit Court of Montgomery County, on appeal from a justice of the peace. The Hon. Robert B. Shirley, Judge, presiding. Trial by jury; verdict of guilty; appeal by defendants. Heard in this court at the November term. 1894,
56 Ill. App. 657Doerr v. Brune (1895)and remanded
Memorandum.—Assumpsit. In the Circuit Court of Montgomery County; on appeal from a justice of the peace; the Hon. Robert B. Shirley, Judge, presiding. Trial by jury; verdict and judgment for plaintiffs; appeal by defendant. Heard in this court at the November term, 1894. Reversed
56 Ill. App. 661Norton v. Brophy (1895)and affirmed
Memorandum.—Assumpsit. In the Circuit Court of McLean County; the Hon. Thomas F. Tipton, Judge, presiding. Declaration, special and common counts; judgment for plaintiffs on demurrer to plea of the statute of limitations; appeal by defendant. Heard in this court at the November term, 1894,
56 Ill. App. 664Weaver v. Third National Bank (1895)Reversed and remanded
Memorandum.—In equity. Appeal from the Circuit Court of McLean County; the Hon. Thomas F. Tipton, Judge, presiding. Heard in this court at the November term, 1894.