Volume 6 — Illinois Reports

Debt on bond, in the Jersey Circuit Court, at the September term 1843, before the Hon. Samuel D. Lockwood.

This cause was heard in the Court helo-w at the September term 1841, before the Hon. Sidney Breese and a jury. The plaintiffs in error were fined $10, each, and costs of suit.

Debt on the statute for obstructing a public highway. The cause was heard in the Greene Circuit Court, before the Hon. Samuel D. Lockwood and a jury, at the October term 1843, the venue having been changed from Jersey county. The jury found a verdict against the defendant bélow, and a fine of $20 was imposed, from which judgment he prosecutes his writ of error in this Court.

Assumpsit in the Randolph Circuit Court. The case was heard before the Hon. James Semple and a jury, at the April term 1843, when a verdict and judgment was rendered in' favor of the plaintiffs below for the sum of $1540*11, to reverse which the defendants prosecuted their writ of error in this Court The material facts appéar in the opinion of the Court.

Debt under the statute for cutting timber. This cause was heard before the Hon. Sidney Breese, and a jury, at the June term of the Clinton Circuit Court, 1842. Verdict for the defendant, and judgment rendered thereon, with costs against the plaintiff. The evidence offered at the trial appears in the Opinion of the Court.

Trespass, in the Jefferson Circuit Court, against the plaintiff in an execution and the constable levying the same, for taking property alledged to be exempt from execution under the statute. The case was heard before the Hon. Walter B. Scates, at the March term 1843, and judgment rendered in favor of the plaintiff below, for the sum of $18, three times the value of the property taken.

Assumpsit, in the Knox Circuit Court, before the Hon. Stephen A. Douglass, and a jury, June term 1843. Verdict and judgment for the plaintiff in the Court below, for $1760-48. The defendant brought the case into this Court by writ of error. The material facts appear in the Opinion of the Court.

Replevin, originally brought in the Peoria Circuit Court, May term 1843.

Bill in Chancery for relief, in the Randolph Circuit Court, heard before the Hon. James Shields, May term 1844. Injunction dissolved and bill dismissed. The material facts appear in the Opinion of the Court.

This was an action oil the case brought by the appellee against the appellant, in the Perry Circuit Court, to recover damages for aiding, assisting, and enticing away his indentured servants. The trial came on at the April term 1844, before the Hob-. James Shields and a jury, when a verdict was rendered in favor of the plaintiff below for $300. The declaration contained seven counts, the substance of which appears in- the Opinion of the Court.

Trespass de bonis asporialis, brought by the plaintiff in error, against the defendants in error, in the Peoria Circuit Court, and tried before the Hon. John D. Catón and a jury, at the April term, 1842. The jury found a verdict for the defendants, whereupon the plaintiff movéd for a new trial, which motion was overruled by the Court. The plaintiff brought the case into this Court by writ of error.

This cause was heard before the Hon. Jesse B. Thomas and a jury, in the Brown Circuit Court, at the September term 1844. The appellant was there summoned by the appellee as the garnishee of one William Buchanan, defendant in the attachment suit in the Court below. His answer was duly filed in the cause, to which objections were made by the plaintiff in the attachment, a jury was called, and a verdict rendered for the plaintiff, sustaining his objections.

Assumpsit in the Randolph Circuit Court, brought by the appellees against the appellant, and heard before the Hon. James Shields and a jury, September term 1844. Verdict for the plaintiffs below for $475.

This was the case of a motion for a writ of inquiry of damages, &c., on a judgment rendered upon the official bond of a sheriff at a previous term of the Peoria Circuit Court. The motion was made at the April term, 1844, of said Court, and heard before the Hon. John D. Catón and a jury.

On the 16th day of May, 1844, James C. Gregory, Nelson Alley and William C. Gregory entered into a recognizance before two justices of the peace of Warren county, conditioned, that if the said James C. Gregory should appear before the Circuit Court of said county, on the first day of the. next term, then and there to answer a charge of burglary and larceny, and abide the judgment of the Court, and not depart without leave, then said recognizance to be void, else, to remain…

Bill for an injunction in the Peoria Circuit Court, at the March special term 1844, the Hon. John D. Catón presiding.

Scire Facias to foreclose a mortgage, in the Peoria Circuit Court, before Hon. John D. Catón, May term 1844. The Opinion of the Court exhibits the state of the facts, and pleadings in the case.

Trespass vi et armis, in the St Clair Circuit Court, May term 1843, before Hon. James Semple and a jury. Verdict for defendants. The case was brought to this Court by appeal, ,and submitted on abstracts and written arguments, and decided at the December term 1843, but the Opinion was not delivered until the present term.

Ejectment in the Brown Circuit Court, by the plaintiff in error against the defendant in error, to recover possession of the N. E. 22, 1 S. 4 W. of the fourth principal meridian. The cause was tried at the September term 1844, before the Hon. Jesse B. Thomas and a jury. Verdict for the defendant.

Petition by an administrator to sell the real estate of his intestate for the payment of debts, Stc. The defendant in error, at the September term of the Gallatin Circuit Court, 1841, filed his petition in said Court for leave to sell the real estate of the deceased to-pay a claim of $1008-8-7, claimed by him to be due him individually from the estate.

Debt on bond, in the Schuyler Circuit Court, at the April term 1844, before the Hon. Jesse B. Thomas. The defendant pleaded first, payment, and secondly, that the deceased, in his life time, made a voluntary gift of the bond to Mary Lewis and Margaret Lewis, and delivered the same for their use and benefit, whereby the property became vested in them. The plaintiff replied to the first plea, and demurred generally to the second, in which the defendant joined.

Ejectment in the McDonough Circuit Court, at the May and October terms 1842, brought by the defendants in error against the plaintiff in error, and tried before the Hon. Stephen A. Douglass and a jury. Verdict for the plaintiffs below at each trial. Such of the facts as are material to the decision appear in the Opinion of the Court.

Ejectment, in the Adams Circuit Court, at the September term 1844, before the Hon. Jesse B. Thomas and a jury, brought by the appellees against the appellants, to recover the possession of the N. E. 13, 1 S. 7 W. of the fourth principal meridian. The declaration was served, March 18th, 1843. On the trial, the defendants admitted that they were in possession of the premises set forth in the declaration.

Bill in Equity, in the McLean Circuit Court, brought by the defendants in error against the plaintiff in error. The cause was heard at the September term 1843, before the Hon. Samuel H. Treat, and a decree rendered in favor of the complainants for the payment of $1292'50 out of the assets of the estate of the defendant’s intestate. The cause was brought into this Court by agreement, upon the following statement of facts.

Josiaii Lamborn, Esq., for the petitioner, filed an affidavit and made a motion for a writ of habeas corpus to bring the petitioner, a convict in the penitentiary at Alton, before this Court, which was based upon the following state of facts.

Bill in Equity in the.Madison Circuit Court, brought by the appellees against the appellants. The cause was heard before the Hon. James Semple, at the May term 1843, and the relief prayed for in the bill was granted. A history of the case appears in the Opinion of the Court.

Bill to foreclose a Mortgage, &c. in the Madison Circuit Court, October term 1843. The cause was heard before the Hon. James Shields, the prayer of the cross bill denied, the bill dismissed, and a strict foreclosure of the mortgage granted. It was originally a proceeding in Chancery by bill filed by Helm to foreclose a mortgage upon certain lands situate in the county of Madison, and State of Illinois.

Assumpsit in the Madison Circuit Court, brought by the defendants in error, against the plaintiffs in error, upon two policies of insurance. The cause was tried at the May term 1843, before the Hon. James Semple and a jury. Verdict for the plaintiffs below, damages assessed at $10,000, and judgment rendered on the verdict. The various proceedings and testimony in the cause are very fully set forth in the Opinion of the Court. „

Bill in Chancery for relief, and injunction, &c., before the Hon. William Wilson, October term 1843. Injunction dissolved, and bill dismissed.

Ejectment, in the Adams Circuit Court, at the September term 1840, before the Hon. Peter Lott and a jury, brought by the present plaintiff against the defendants, for the recovery of the S. W. 11, 3 S. 8 W. of the fourth principal meridian. The evidence for the defence, to the admission of which the plaintiff objected, appears in the Opinion of the Court. The objections of the plaintiff were overruled, and a verdict rendered, and judgment entered thereon for the defendants.

At the August term 1839, the Circuit Court sustained a demurrer to the declaration, and granted leave to the plaintiff to amend the declaration, and continued the cause. At the August term 1840, the plaintiff having failed to amend his declaration, a final judgment was rendered for the defendant, on the demurrer. A writ of error was prosecuted in December, 1844.

This was the case of a motion in the Greene Circuit Court, before the Hon. Samuel D. Lockwood, at the April term 1843, made by the appellee, to set aside a levy and for a new execution; which motion was allowed, and the defendant below appealed to this Court. The material facts are briefly stated in the Opinion of the Court.

Bill in Chancery, filed in the Greene Circuit Court, some time in the year 1836, by Robert McFarland, the defendant, against Wm. Draper, (the ancestor of plaintiffs,) John Draper, Wm. Barnhart, John Barnhart and the representatives of James Mason, then deceased, for the purpose of obtaining title to a certain eighty acre tract of land in Greene County, and alleging, that in January, 1836, the said McFarland had purchased the said land of the said Wm.

This was a suit in Chancery brought by Archibald Moore and Betsy Moore, his wife, the appellants, against Charles W. Hunter and William Russell, the appellees, in the Madison Circuit Court, to establish a title. The cause was heard before the Hon. James Shields, at the November term of said Court, 1843, on the bill, answers, depositions, and exhibits, and a final decree rendered, denying the prayer of the bill, and dismissing the same at the costs of the complainants.

Trespass in the Knox Circuit Court, at the June term 1844, before the Hon. Jesse B. Thomas and a jury, brought bv the appellee against the appellant. Verdict for the plaintiff for $151-50. The pleadings and evidence are sufficiently set forth in the Opinion of the Court.

It appeared from the record in this cause, that at the September term 1843, of the De Witt County Commissioners’ Court, a petition was presented regularly to said Court for the re-location of a certain road in said county, and that the Court appointed viewers, who afterwards made a favorable report, and the road was thereupon ordered to be re-located.

Thjs was an action of debt in the Adams Circuit Court, September term 1842, the Hon. Stephen A. Douglass presiding, brought by Laughlin and others as County Commissioners of Adams, against the defendants, upon a School Commissioner’s bond given to Riddle, Patten and Seehorn, Commissioners, and their successors in office, the penalty of which was $12,000. The defendants in error were the successors of the obligees.

Replevin in the Kane Circuit Court, September term 1844, before the Hon. John D. Catón and a jury, brought by the appellants against the appellee. The substance of the pleadings appear in the Opinion of the Court. The bill of exceptions taken at the trial shows that the defendant proved the rendition of the judgment, the issuing of the execution, its delivery to him as deputy marshal, and the levy thereof on the goods mentioned in plaintiffs’ declaration.

Bill in Chancery, in the Hancock Circuit Court, May term 1843, before the Hon. Stephen A. Douglass, brought by the complainant against the defendants. The case was submitted to this Court without argument, on abstracts and briefs of counsel.

Trespass, in the De Kalb Circuit Court, at the September term 1843, before the Hon. John D. Catón, brought by the appellee against the appellants. Trial by the Court, and judgment for the plaintiff below for $32-53. A history of the case appears in the Opinion of this Court.

Trespass, in the Kane Circuit Court, at the September term 1843, before the Hon. John D. Catón, brought by the appellee against the appellants. The declaration alleged the taking, by the appellants, of a quantity of unfinished furniture, the property of Marlett.

Assumpsit upon a bill of exchange, &c. The cause was tried in the Lee Circuit Court, at the September term 1842, before the Hon, Thomas O. Browne and a jury. The suit was brought by the appellees against the appellant. The jury returned a verdict in favor of the plaintifis below for if 593-94, and judgment was entered thereon at the May term 1843, as of the previous term. The pleadings and evidence are set forth in the Opinion of the Court.

Assumpsit upon a promissory note, &c. in the Lee Circuit Court, brought by the appellee against the appellant, before the Hon. Thomas C. Browne, and tried at the May term 1841, upon a demurrer to a plea in abatement. The material facts are briefly stated in the Opinion of the Court.

Trespass de 'bonis asporlatis, in the Kane Circuit Court, originally brought by the appellee against the appellants in the De Kalb Circuit Court, and tried at the September term 1842, before the Hon. John D. Catón and a jury. Verdict for the plaintiff for $140. The defendants moved for a new trial, but their motion was overruled, to which they excepted.

Trover, in the De Kalb Circuit Court, at the September-term 1843, brought by the appellant against the appellees, and tried by the Hon. John D. Catón without the intervention of a jury. Judgment for the defendants for costs. The pleadings are set forth in the Opinion of the Court.

Debt upon a collector’s bond, brought by the defendants in error against the plaintiffs in error, in the Brown Circuit Court. The cause was tried by the Hon. Stephen A. Douglass, at the April term 1843, and a judgment rendered for the penalty, &c. Debt $'6305; damages $275-15. The Opinion of the Court contains the proceedings in the cause.

Trespass, in the La Salle Circuit Court, brought by the appellant against the appellees, and heard upon demurrers to the pleadings before the Hon. John D. Catón, at the November term 1843. The demurrers were sustained, and final judgment in bar of the cause of action entered. The pleadings are substantially set forth in the Opinion of the Court.

Assumpsit, in the Gallatin Circuit Court, brought by the appellee against the appellants, and tried at the May term 1843, before the Hon. Walter B. Scates and a jury. Verdict and judgment for the plaintiff below for $600. The various proceedings in the cause are set forth in the Opinion of the Court, so far as were necessary to a proper determination thereof.

Bill to enforce a Mechanic’s Lien, originally filed in the La SalleCircuit Court, by the defendant in error against the plaintiffs in error. The venue was changed to Kendall county, where the cause was heard before the Hon. John D. Catón and a jury, at the April term 1844, when a verdict was rendered in favor of the complainant below for $2400, on which a judgment was entered accordingly. The material facts appear in the Opinion of the Court.

This was a proceeding by motion in the La Salle Circuit Court; made by sundry judgment creditors and others, judgment debtors, at the November term thereof, 1842, to set aside a fi.fa. and sale made by virtue of the same. The motion was based upon the records and proceedings in the cause, and upon affidavit. The defendant resisted the motion, and filed counter affidavits, when the same was taken under advisement.

Bill in Equity for a specific performance, &c. in the Pike Circuit Court, filed by the plaintiff in error against the defendants in error. The case was brought to a final hearing at the April term 1844, before the Hon. Samuel D. Lockwood, when the bill was dismissed. The substance of the pleadings and evidence is set forth in the Opinion of the Court.

Bill in Chancery to foreclose a mortgage, &c.,in the Fulton Circuit Court, brought by the defendant in error against the plaintiff in error. At the March term 1844, the Hon. Jesse B. Thomas presiding, the defendant below filed his answer, to which exceptions were filed, and the same were submitted to the Master, whose report sustained the exceptions. On motion, leave was given to file an amended answer and a, cross bill.

Assumpsit, in the Peoria Circuit Court, brought by the plaintiffs in error against the defendants in error. The pleadings and evidence are fully set forth in the Opinion of the Court. The cause was tried at the October term 1843, before the Hon. John D. Catón and jury. Verdict and judgment for the defendant.

Bill in Equity in. the Peoria Circuit Court, filed by the defendant in error against the plaintiffs in error. The facts and proceedings in the case are briefly stated in the Opinion of the Court.

Bill in Chancery to enforce a vendor’s lien, in the Jersey Circuit Court, brought by the plaintiff in error against the defendants in error. The cause was heard before the Hon. Samuel D. Lockwood, at the September term 1844, on a demurrer to the bill. The demurrer was sustained and the bill was dismissed with costs. The substance of the bill will be found in the Opinion of the Court.

Petition for leave to sell, &c. John H. Smith, the administrator of Absalom H. Sisk, deceased, filed his application at the October term 1843, of the Pope Circuit Court, for an order to sell the widow’s dower and the interest of one of several heirs in certain real estate, of which the said intestate died seized, to pay his debts.

Debt on an administrator’s bond, in the Marion Circuit Court, brought by the defendants in error against the plaintiffs in error, and heard before the Hon. Walter B. Scates and a jury, at the August term 1844. Verdict and judgment for the plaintiffs below for the penalty of the bond, to be discharged on the payment of $628-50, the damages assessed by reason of the breaches assigned. The facts and pleadings in the case will be found in the Opinion of the Court.

Attachment, in the Madison Circuit Court, brought by the defendant in error against the plaintiffs in error. A trial was had at the September term 1842, before the Hon. Sidney Breese. Judgment for the plaintiff below for $12,923-46. The material facts are briefly stated in the Opinion of the Court. The cause was submitted in this Court on briefs and written arguments. ,

Debt, by petition and summons, in the Jersey Circuit Court, by the defendant in error against the plaintiffs in error, before the Hon. Samuel D. Lockwood, at September term 1844. Demurrer to plea, demurrer sustained, and judgment for the plaintiff below for $213-32 debt, and $42*66 damages, The substance of the plea is embodied in the Opinion of the Court.

Case, for diverting a water course, in the McHenry Circuit Court, brought by the plaintiff in error against the defendant in error. The cause was tried at the September term 1844, before the Hon Richard M. Young and a jury, when a verdict and judgment were rendered for the defendant. The case is sufficiently stated in the Opinion of the Court.

Debt upon the statute of March 4, 1837, for the penalty for trespassing, by cutting timber on the canal lands belonging to the State, brought by the plaintiffs in error against the defendant in error. The cause came on for a hearing at the October term of the Will Circuit Court, 1844, before the Hon. Richard M. Yopng. A motion to dismiss the case, for the reason set forth in the Opinion of the Court, was interposed and sustained, with costs against the plaintiffs.

Case for slander, by the appellee against the appellant, in the McHenry Circuit Court, commenced at the April term 1848, and tried before the Hon. Richard M. Young and a jury, at the April term 1844. Verdict for the plaintiff for fifty dollars, and judgment thereon by the Court. The case is sufficiently stated in the Opinion of the Court.

Assumpsit, in the Madison Circuit Court, brought by the appellee against the appellants. The cause was heard before the Hon. James Shields and a jury, at the October term 1844, when a verdict was rendered in favor of the plaintiff below for $300. Judgment on the verdict. The case is sufficiently stated in the Opinion of the Court.

Circuit Court. The cause was heard on a motion to dismiss the appeal, before the Hon. Samuel D. Lockwood, at the June term 1842, when the appeal was dismissed, and a judgment for costs rendered against the claimant of the property, who brought the cause into this Court on a writ of error.

Action on the case, brought by the plaintiff in error against the defendant in error, in the Madison Circuit Court, and heard before the Hon. Sidney Breese, at the August term 1840. There was a general demurrer to the declaration, which was sustained by the Court, and judgment rendered thereon against the plaintiff in error for the costs of suit. The substance of the declaration is set out in the Opinion of the Court.

Replevin, in the Madison Circuit Court, brought hy the defendant in error against the plaintiff in error. The cause was submitted to a jury, who found a verdict for the plaintiff below. The case is sufficiently stated in the Opinion of the Court.

Ejectment, in the Richland Circuit Court, brought by the plaintiff in error against the defendant in error, and heard before the Hon. William Wilson, at the July term, 1844, when there was a judgment for the defendant for costs. The material facts will be found in the Opinion of the Court. 0

Debt on bond, in the Gallatin Circuit Court, brought by the defendant in error against the plaintiffs in error. The case was heard before the Hon. Walter B. Scates, at the May term 1844, on demurrer to the declaration, which demurrer was overruled, and judgment rendered for the plaintiff in the Court below for .f1040-25. The substance of the bond, and the declaration thereon, is set out in the Opinion of the Court.

Foreign Attachment, in the Ogle Circuit Court. The suit was brought by the appellee against one David Worden as principal defendant, and the appellant and others as garnishees, and service was had on the latter on the 25th of March, 1840. At the September term 1841, Worden made default, a jury was called, damages assessed, and a conditional judgment rendered against the garnishees.

This cause was originally commenced before Albert Neeley Esq., a justice of the peace of Boone county, by the defendants in error, against the plaintiff in error. The defendants not appearing, judgment was rendered against them for $47,56, and costs of suit.

Bill in Chancery for a specific performance, &c., in the Sangamon Circuit Court, brought by the plaintiffs in error against the defendant in error, and heard before the Hon. Samuel H. Treat.

Bill in Chancery for an injunction and specific relief, in the Madison Circuit Court, filed by the plaintiffs in error against the defendants in error. The case was heard before the Hon. James Shields, at the October term 1844, upon a demurrer to the bill and on a motion to dissolve the injunction. The demurrer was sustained, and the injunction dissolved.

Ejectment, in the St. Clair Circuit Court, by the appellee against the appellant, before the Hon. James Semple, at the May term 1843, when the issue was found for the plaintiff, and judgment was rendered on the finding of the Court.

This was an agreed case, between the parties herein, in the Sangamon Circuit Court, at the November term 1843, the Hon. Samuel H. Treat presiding. All the facts are embodied in the Opinion of the Court.

Bill for an injunction, in the St. Clair Circuit Court, brought by the appellee against the appellant. The cause was heard on the bill, answer, replication and depositions, before the Hon. James Shields, at the October term 1844, and the injunction was made perpetual. The defendant appealed to this Court.

Assumpsit, in the Cook Circuit Court, brought by the plaintiff in error, against the defendant in error. The cause was tried at the March term 1844, before the Hon. Richard M. Young and a jury. Verdict and judgment for the defendant. The several proceedings at the trial appear in the Opinion of the Court.

<p>Appeal from Greene.</p> <p>To an action upon notes given to the School Commissioner of á County, it wai pleaded, that the consideration was a sale by the Commissioner of a portion of the sixteenth section, and a conveyance thereof to the defendant; and that the consideration had failed in this, that the State had conveyed the title in fee to others, and the plea was demurrered to : Held, That the plea was bad; because it did not clearly show how the consideration had failed.</p> <p>Every intendment in pleading, where the plea is uncertain, is mostly strongly against the pleader.</p> <p>A plea of failure of consideration in r.otes given for the purchase of school lands, on the ground of a sale to others, should set out that no Patent had issued to the defendant prior to the Patents to others, and that the latter were not so issued to them to. secure his title to them as his assignees.</p> <p>The doctrine in regard to a plea of failure of consideration, as laid down in Pools v. Vanlandingham, Bre. 22, and Bradshaw v. Newman, Ib., 94, r-eaffirmed. .</p>

Case for slander, in the Iroquois Circuit Court, brought by the appellee against the appellant, and heard before the Hon. Richard M. Yojmg and a jury, at the October term 1844. Verdict for the plaintiff below for $900. A motion for a new trial was made by the defendant below, but the motion was overruled, and judgment rendered on the verdict of the jury.

This cause was originally tried before Thomas Bryant Esq., a justice of the peace of Peoria county, who rendered a judgment in favor of Frye, the present defendant in error, against Silliman, the plaintiff in error, for ¿37-50 and costs. I-t was taken by appeal to the Circuit Court of that county, where the judgment of the justice was affirmed at the June -term 1844, the Hon. John-D. Catón presiding.

Debt, in the Gallatin-Circuit Court, brought by the defendants in error against the plaintiffs in error. The defendants filed four pleas, all in substance denying the corporate existence of the plaintiffs below, to which there was a general demurrer, a,t the October term 1844, the Hon. Walter B. Seates presiding. The demurrer was sustained by the Court below, and a judgment rendered on the demurrer for debt and damages jointly.

Quo Warranto, upon the information of John C. Stickney, against the appellees, the President, Cashier, and Directors of the Bank of Illinois. The information was filed in the Sangamon Circuit Court, at the July term 1841, the Hon. Samuel H. Treat presiding. A plea was interposed, to which there was a demurrer, which was overruled, and judgment rendered thereon for the defendants. The substance of the information and the plea is set forth in the Opinion of the Court.

This was an action of covenant, and was heard in the Court below at the November term 1841, before the Hon. Thomas Ford and a jury. A verdict was rendered for the plaintiff for the sum of $1149. Tie defendants brought the cause into this Court by writ of error. The material facts will appear in the Opinion of the Court.