Volume 7 — Illinois Reports

Assumpsit, by the plaintiff in error against the defendant in error, for work and labor, &c., brought in tlie St. Clair Circuit Court, and heard at the October term 1843, before the Hon. James Shields and a jury. Verdict for the defendant and judgment for costs against the plaintiff.

Assumpsit in the Jo Daviess Circuit Court, brought by the appellees against the appellants. The case was heard at the March term 1845, before the Hon. Thomas C. Browne and a jury. Verdict and judgment for the plaintiffs below for $45. The defendants moved for a new trial, because the verdict was against law, the evidence and the instructions of the Court, which motion was overruled.

Slander in the Morgan Circuit Court, originally brought by the defendant in error, Cabot, in the Menard- Circuit Court, where a trial was had at the November term 1843, before the Hon. Samuel H. Treat and a jury, when a verdict for $12 was rendered in her favor.

This cause came onto be heard in the Jo Daviess Circuit-Court, at the May term 1840, before the Hon. Thomas C. Browne, when a petition, the substance of which is set forth in the Opinion of the Court, was filed, and a motion made for a change of venue. The motion was denied. At the June term 1841, of the same Court, the cause was submitted to a jury, who returned a verdict in favor of the plaintiffs below for $306-28.

Trespass in the La Salle Circuit Court, brought by the plaintiff in error against the defendant in error, and heard before the Hon. Thomas Ford, at the May term 1842. The issue was found for the defendant in the Court below.

In this case, the counsel for the appellees moved the Court to dismiss the appeal, first, because the appeal was prayed for by, and allowed to all the plaintiffs below, but the appeal bond was executed by a part of them only; and secondly, because the decree set forth in the bond is not the same as that sought to be reversed, but varies therefrom.

<p>Jlppeal from Wabash.</p> <p>Where all the parties to the suit are not before the Court, it is'e'rroneo'us to render a decree against them.</p> <p>After the commencement of a suit in chancery, two of the parties died, and their heirs were made parties. No process issued against them, nor was their appearance ever entered. The record showed that “the parties came hy their solicitors:” Held, that this applied only to those who had appeared by answering the hill.</p>

Debt on School Commissioners’ bond, brought by the defendant in error against the plaintiffs in error in the Macoupin Circuit Court, and heard before the Hon. Samuel D. Lockwood, at the October term 1841. Judgment for the penalty of the bond, $12,000, to be discharged on payment of $968-69, the damages assessed by the Court.

Certiorari, in the Peoria Circuit Court, by the plaintiff in error against the defendant in error. The writ was dismissed at the May term 1844, on motion of the plaintiff below, by the Hon. John D. Catón, who granted the writ.

Trespass quare clausum fregit, brought by the defendant in error against the plaintiff in error, in the Bureau Circuit Court, and heard before the Hon. John D. Catón, at the,May term 1844, on demurrer to a plea in abatement, which had been interposed. The demurrer was overruled, when the plaintiff obtained leave to file, and did file, a replication to said plea.

Motion to require the defendants in error to join in error. At the ast term of this Court, the plaintiff in error filed a record in a case in chancery in which Aquilla Wren was complainant, and Clarissa Wren defendant. The bill was for a divorce for the misconduct of the wife, and a decree of divorce a vinculo rendered. A motion was made by the defendant for a new trial, which motion was overruled, and exceptions taken. After the rendition of the decree, Aquilla Wren died.

This was a case of a trial of the right of property, in the Madison Circuit Court, at the September term 1842, before the Hon. Sidney Breese and a jury. The plaintiffs in error were plaintiffs in the Court below. The jury returned a verdict in favor of the defendants, and the Court rendered a judgment thereon.

Assumpsit in the McLean Circuit Court, brought by the defendant in error against the plaintiffs in error. The cause was tried at the September term 1845, before the Hon. Samuel H. Treat, without the intervention of a jury. Judgment was then rendered in favor of the plaintiff below, for the sum of $ 101-25.

This was a suit originally commenced by the appellee against the appellant before a justice of the peace of Kendall county. The justice rendered a judgment in favor of the plaintiff for $30, and costs. The defendant appealed to the Circuit Court, and the cause was tried before the Hon. John D. Catón and a jury, at the August term 1844. Verdict and judgment for the plaintiff for $26-75.

Assumpsit in the Peoria Circuit Court, brought by the plaintiff in error against the defendant in error. The cause was heard at the October term 1844, the Hon. John D. Catón presiding.. There was a demurrer to the declaration, which was overruled, and the defendant abiding by the demurrer, the plaintiff took judgment for want of a plea. On an inquest of damages, a verdict was returned in favor of the plaintiff for $116, and judgment was rendered thereon by the Court.

Scire facias in the Johnson Circuit Court, brought by the defendant in error against the plaintiffs in error. The cause was heard at the October term 1845, upon demurrer, before the Hon. Walter B. Scates, the demurrer overruled, and judgment for plaintiff, &c.

Ejectment in the Peoria Circuit Court, brought by the appellees against the appellant, and heard at the May term 1845, before the Hon. John D. Catón, when a judgment for ’ possession was rendered in favor of the plaintiffs below.

This was a suit originally brought before a justice of the peace in the city of Galena, to recover a penalty for a pretended violation of an Ordinance of that city. The cause was taken to the Circuit Court of Jo Daviess county, and there heard, at the March term 1845, before the Hon. Thomas C. Browne and a jury. Verdict for the plaintiff below for 620.

Debt under the statute for cutting timber, &c., brought by the plaintiff in error against the defendant in error. The cause was heard at the October term 1845, in the Madison Circuit Court, before the Hon. Gustavus P. Koerner and a jury. Verdict for the defendant, and judgment against the plaintiff for costs.

Ejectment, brought by Lewis Bigelow and Isaac Under-hill, in the Peoria Circuit Court, to the May term 1838. The suit was to recover a part of the south east fractional quarter section nine (9), township eight (8) north, range eight (8) east of the fourth principal meridian. Bigelow died, and Ellen Frisby et al., were made parties as his heirs. The plaintiffs read to the jury a Patent from the United States to John L. Bogardus for the said land, and dated January 5th, 1838.

Ejectment, in the Fulton Circuit Court, brought by the plaintiff in error against the defendant in error. The cause was heard at the March term 1844, before the Hon. Jesse B. Thomas and a jury, and a verdict rendered in favor of the defendant, on which there was a judgment for costs.

This was a proceeding by a writ of Habeas Corpus, issued from this Court, and directed to William B. Warren, requiring him to bring before the Court the body of one George W. Thatcher, and to certify the day and cause of his caption and detention. The said Warren complied with the mandate of the writ, and in his return thereto, set out specifically the causes of Such caption and detention, which are cited in the Opinion of the Court*

Ejectment in the Sangamon Circuit Court, brought by the defendants in error against the plaintiff in error, and heard before the Hon. Samuel H. Treat and a jury at the July term 1844. The suit was commenced in the Cass Circuit Court, and brought by change of venue into the former Court. A verdict was rendered in favor of the plaintiffs below, and a judgment thereon for a recovery of the premises, and a writ of possession ordered,

Bill in Chancery for an injunction, &c., in the St. Clair Circuit Court, filed by the appellants against the appellees, and heard at the May term 1845, before the Hon. Walter B. Scates.

This was an action originally brought before the Mayor of the city of Springfield to recover the sum of twelve dollars of the defendants for a debt incurred as a penalty under an ordinance of the city requiring licenses to be taken out by merchants, &c. The case was taken by appeal into the Sangamon Circuit Court, and there heard before the Hon. Samuel H. Treat, at the November term 1844.

Trespass quare clausum fregit, brought by the defendant in error against the plaintiffs in error in the DeKalb Circuit Court. The case was tried by the Hon. John D. Catón and a jury, at the April term 1845, when a verdict was rendered in favor of the plaintiff below for $92 damages. At the September term 1845, judgment, nunc pro tunc, was rendered upon the verdict.

Assumpsit in the Jo Daviess Circuit Court, commenced by capias, brought by the appellee against the appellant, and heard before the Hon. Thomas C. Browne, at the March term 1845. The affidavit, upon which the capias issued, was made by Ben. C. Eastman, against the plaintiff, and sworn to before the Hon. Charles Dunn, Chief Justice of the Supreme Court of Wisconsin Territory, but unaccompanied by any evidence of his official character.

Francis De Lassoule, one of the defendants in the Court below, prayed an appeal, which was granted on condition that he entered into bond within fifteen days from the rising of the Court. Before the expiration of the time for taking the appeal, a bond was executed thus: “ Francis De Lassoule, by his att’y, O. C. Pratt.” No power of attorney was filed with the clerk of the Circuit Court at the time the bond was entered into.

Debt in the Jo Daviess Circuit Court, brought by the appellant against the appellees, and heard before the Hon. Thomas C. Browne, on a demurrer to a special plea, at the March term 1845. The demurrer was sustained and judgment rendered by the Court for $206 damages.

Ejectment in the Mercer Circuit Court, brought by the appellees against one Gilbert Brewer, tenant of the appellant, and heard before the Hon. Thomas C. Browne and a jury, at the May term 1845, when a- verdict and judgment was rendered in favor of the plaintiffs below. The defendant appealed.

Daniel Low, the defendant in error, recovered a judgment in the Peoria Circuit Court against the plaintiff in error, at the May term 1838. Execution was issued, levied, and finally satisfied hy a sale of real estate. At the October term 1840, Low obtained an order of Court setting aside the execution, levy and sale, and an alias execution was issued.

Trespass on the Case in the Williamson Circuit Court, brought by the plaintiff in error against the defendant in error, and heard before the Hon. Walter B. Scates and a jury, at the April term 1844. The jury rendered a verdict for the defendant. The testimony in the cause, and the instructions asked, appear in the Opinion of the Court.

Foreign Attachment in the Jo Daviess Circuit Court, brought by the defendant in error against Isadore Lupier, as principal defendant, and the present plaintiff in error as garnishee, at the June term 1843. The principal defendant made default, and a conditional judgment was taken by default against the garnishee.

Petition for a mechanic’s lien, filed by the appellee against the appellant in the Adams Circuit Court, and heard at the October term. 1844, before the Hon. Jesse B. Thomas and a jury.

Assumpsit in the Putnam Circuit Court, brought by the appellee against the appellant, and heard at the November term 1845, before the Hon. John D. Catón, on a demurrer to the declaration. The demurrer was overruled, and the defendant abiding by the demurrer, the Court rendered a judgment for the plaintiff for $391-64.

Bill in Chancery for relief, &c., in the Morgan Circuit Court, brought by the defendant in error against the plaintiffs in error. The cause was heard before the Hon. Samuel D. Lockwood at the October term 1845, when a decree was rendered in favor of the complainant below.

Bill in Equity, for a specific performance, &c., commenced in the Rock Island Circuit Court,¡¡ by the defendant in error against the plaintiffs in error. After sundry proceedings in that Court, the venue was changed to Warren county.

Trespass, originally commenced before a justice of the peace of Adams county, by the plaintiff in error against the defendant in error. At the trial before the justice, a jury rendered a verdict for the plaintiff for $12. The defendant appealed to the Circuit Court, and on the trial in that Court, at the September term, 1845, the Hon. Norman H. Purple presiding, the jury rendered a verdict for the plaintiff for $2-50.

Replevin in the Jo Daviess Circuit Court, brought by the appellant against the appellees, and heard before the Hon. Thomas C. Browne and a jury, at the June term 1845. Verdict and judgment for the defendants, and an award of a writ of retorno habendo.

Joseph Scott, administrator of the estate of Samuel Scott, deceased, appealed to the Circuit Court of St. Clair county from an allowance of a claim by the Probate Justice of that county, filed by Crow & Tevis against said estate for $301-22. The claim was the balance due upon a note given by one William R. Scott to said Crow & Tevis, the date of which note, and the consideration thereof, were subsequent to the death of the said Samuel Scott.

The record in this case shows,, that on the 29th day of March, 1844, the collector of La Salle county returned to the Circuit Court of said county, certain lands and lots, as having been assessed for taxes, for the year 1843, and on which the taxes remained due and unpaid, wdiich included the several lots in Adams’ addition to La Salle, in the following form: “Ada,ms’ addition to La Salle.” Lot. Block. Valuation. Taxes. Cents.

Bill in Chancery for an injunction, in the Madison Circuit Court, by the defendant in error, against the plaintiff in error, and heard before the Hon. James Semple, at the May term, 1844. The injunction, which had been previously granted, was made perpetual. The material allegations of the bill are substantially set out in the Opinion of the Court. The case was brought into this Court by writ of error.

Assumpsit in the Jo Daviess Circuit, brought by the defendant in error against the plaintiffs in error, who were sued as a firm, known as the “East Fork Furnace Company.” At the first term,—October term 1842,—two of the defendants pleaded non assumpsit, and the remaining defendants were defaulted.

Debt upon a bail bond, in the Edgar Circuit Court, brought by the defendant in error against the plaintiff in error. The cause was heard before the Hon. Samuel H. Treat, at the May term 1845, upon á demurrer to the declaration. The demurrer was overruled, and judgment rendered in favor of the plaintiff for $250, the penalty of the bond, tobe discharged on payment of $150-62

Bill in Equity for a specific performance, &c., filed by the plaintiff in error against the defendant in error, and heard before the Hon. Samuel H. Treat, at the March term 1845. Such proceedings were had as led to a dismissal of the bill. A history of the proceedings will be found in the Opinion of the Court.

/This was a suit originally brought before a justice of the peace of Peoria county, by the appellee against the appellant, when judgment was rendered for the plaintiff below, for Í 75-933. The case was appealed to the Circuit Court, and heard before the Hon. John D. Catón and a jury, at the October term 1845. Verdict and judgment for the plaintiff, for the amount recovered before the justice.

Debt on an appeal bond, in the Jo Daviess Circuit Court, brought by Samuel Sweeney against Paul Stephens and William C. E. Thomas. The cause was heard before the Hon. Thomas C. Browne and a jury, at the March term 1845. Verdict and judgment for the plaintiff and against the “defendant” for $116-03. There was no service on Stephens. Thomas only appeared in Court, and answered the declaration. The ad damnum laid in the declaration was $.50—the penalty of the bond, $200.

Debt upon an arbitration bond, brought by the appellee against the appellant, in the Schuyler Circuit Court, and heard before the Hon. Norman H. Purple and a jury, at the September term 1845. Verdict for the plaintiff for #500 debt, and if 205-53 damages.

In this case, a motion was made to dismiss the writ of error, because no bond for costs had been filed. The motion was based upon the affidavit of the defendant in error, stating that the plaintiff in error was, when the writ was sued out, and still is, a non-resident. The counsel for the plaintiff in error admitted the fact of non-residence, and entered a cross motion for leave to file a bond for costs. The application was resisted by the defendant in error.

Trespass in the Gallatin Circuit Court, brought by the defendant in error against the plaintiff in error, as sheriff of Gallatin county, and heard before the Hon. Walter B. Scates, at the October term 1844. The trespass alleged in the plaintiff’s declaration was a levy upon and sale of certain property, under and by virtue of a writ of fieri facias, without regard to the valuation law.

Bill in Chancery for an injunction, &c., in the Jo Daviess Circuit Court, filed by the appellant against the appellees. At the August special term of said Court, 1845, the Hon. Thomas C. Browne presiding, the hill was demurred to, the demurrer sustained and the bill dismissed.

This was a case originally brought before a justice of the peace of Cook county, and taken by appeal into the Cook Circuit Court. It was heard before the Hon. Jesse B. Thomas, without the intervention of a jury, at the March term 1845, when a judgment was rendered for the plaintiff for $100. The suit was commenced on the 16th day of January, 1844, and the summons was made returnable on the 22d day of the same month.

Ejectment in the Warren Circuit Court, brought by the plaintiff in error against the defendant in error. The cause, after the lapse of several terms of Court and sundry proceedings therein, was stricken from the docket at the November term 1845, the Hon. Norman H. Purple presiding. Those proceedings and the reasons which led to this determination will appear in the progress of this report.

This was an action originally commenced before a justice of the -peace in Jo Daviess county against Joseph H. Smith, one of the-appellants, against whom a judgment was obtained in favor of Byrd, from which judgment the said Joseph .H. Smith appealed by certiorari to the Circuit Court of said county.

Bill in Chancery for an injunction, &c., in the Scott Circuit Court, filed hy the defendants in error against the plaintiff in error. The cause was heard before the Hon. Samuel D. Lockwood, at the June special term 1842, when a decree was rendered making the injunction perpetual, and directing, among other things, the payment of $92-54 to the defendant in the Court below.

In this case, 0. Peters, for the appellant, entered a motion for an order remanding the cause to the Circuit Court of La Salle county for further proceedings, the former judgment of said Court having been reversed at the July term of this Court, 1842. The motion was argued ex parte, and without notice to the appellee.

This was a suit originally brought before a justice of the peace in Lake county, by the appellant against three defendants. Two of them only were served with process, and the justice rendered a judgment against them.

Ejectment in the Jo Daviess Circuit Court, brought by the defendant in- error against the plaintiff in error. The cause was heard before the Hon. Thomas C. Browne and a jury at the October term 1844, when a verdict and judgment was rendered for the plaintiff below.

Covenant in the Jo Daviess Circuit Court, brought by the appellee against the appellant, and heard at the October term 1844, before the Hon. Thomas C. Browne, upon a demurrer to the declaration. The material averments of the declaration will be found in the Opinion of the Court. The demurrer was overruled, and the defendant electing to abide by his demurrer, a jury was called to inquire of damages, and a verdict for $307*93 was returned in favor of the plaintiff below.

Assumpsit, and attachmentin aid thereof, in the Hancock Circuit Court, brought by the defendant in error against the plaintiff in error. The summons in the original proceeding was issued and directed to the sheriff of Peoria county, and being returned “non est inventusan attachment in aid in due form of law was sued out and levied upon the personal and real estate of the defendant below.

Trespass for an assault and battery, in the Kane Circuit Court, brought by the appellee against the appellant. The cause was heard before the Hon. John D. Catón and a jury, at the September term 1845, when a verdict and judgment was rendered for the plaintiff below for $650 damages.

Ejectment in the Schuyler Circuit Court, brought by the appellee against the appellant, and’heard before the Hon. Norman H. Purple and a jury, at the April term 1844. Verdict for the plaintiff below, and judgment thereon, and a writ of habere facias possessionem awarded. •-

Covenant in the St. Clair Circuit Court, brought by the plaintiffs in error against the defendants in error. At the October term 1845, the Hon. Gustavus P. Koerner presiding, the defendants not appearing, a default was entered against them. A jury was impannelled to assess the damages, and a verdict was rendered for the plaintiffs for $2319.

Scire Facias to foreclose a mortgage, in the Cook County Court, brought by the appellee against the appellant, and heard before the Hon. Hugh T. Dickey, without the intervention of a jury, at the August term of said Court, 1845. Several pleas of usury were interposed, which were found for the plaintiffbelow, and his damages were assessed at i 361-63. The defendant moved for a new trial, but the motion was denied.

Assumpsit in the McHenry Circuit Court, brought by the defendant in error against the plaintiffs in error. The cause was heard before the Hon. Richard M. Young, at the April term 1844, when a judgment was rendered for the plaintiff below for $620-89. • ■

made in the Madison Circuit Court at the October term 1845, David J. Baker, Esq. acting as Judge. The motion was made by the defendant in error for a rule on the plaintiff in error, who was the sheriff of St. Clair county, the motion was allowed and a rule absolute entered against said sheriff. To reverse this decision, he prosecutes a writ of error to this Court.

This was an application to this Court for a writ of mandamus to command the Sheriff of Pike county to receive a bail bond executed by the defendant in attachment, and to release the property attached. The parties appeared and discussed the merits of the application, and the Court determined it, as if the motion was for a peremptory mandamus, which determination was adverse to the application, with an award of costs, against the relator.

Indictment for murder against the plaintiff in error and others, in the Rock Island Circuit Court, tried at the May-term 1845, the Hon. Thomas C. Browne presiding. The various proceedings in the cause are fully stated in the Opinion of the Court.

Bill in Chancery, &c., in the Sangamon Circuit Court, filed by the plaintiffs in error against the defendants in error. The cause was heard before the Hon. Samuel H. Treat, at the March term 1845, when the hill was dismissed.

Debt in the Pope Circuit Court, brought by the appellees against the' appellants. The cause was heard at the May terra 1845, before the Hon. Gustavus P. Koerner, on demurrer to pleas. The demurrer was sustained, and the defendants abiding by the demurrer, judgment by nil dicit was rendered by the Court for $112 debt, and $6OT0 damages.

'JbHN Baxter,'the plaintiff in eftoiy—together'with John Lbiig, Aaron Long, Robert Birch, Grandville Yóung, and Williaúi Fox,—was indicted at the October term'of the Rock Island Ci'rdUit Court, 1845, for the mtirder of Gedrge Davenport. On his arraignment he-pleaded “riot guilty,” and on filing the proper affidavit required by statute, moved for a change of venue-out1 of'the'eounty.

Bill in Chancery to foreclose a mortgage, &c., filed isa the Cook Circuit Court by the defendants in error against the plaintiffs in error. At the November term 1839, the Hon. John Pearson,—a Circuit Judge under the prior organization of the Courts,—presiding, the bill was taken as confessed, and the premises mentioned in the mortgage decreed to be sold, &c.

Debt in the Menard Circuit Court, brought by the plaintiff in error, for the use of an illegitimate child of Jane Davidson, against Richard E. Bennett, and John Bennett, his-security. The cause came on to be heard before the Horn Samuel H. Treat, at the June term 1845, upon a demurrer to a special plea, the substance of which is set forth in the-Opinion of the Court. The demurrer was overruled, and a-judgment entered in favor of the defendant.

Ejectment in the -Jo Daviess Circuit Court, origin-ally brought by Samu'el C. Duncan against the plaintiff in error. During the progress of the cause, the death of the said Duncan was suggested, and his widow and heirs,-now-the defendants in error, were-made,parties to-the suit. Bellingall, at the March term 1845, prayed for a change of venue out of the Circuit, alleging that the presiding Judge, the Hon. Thomas C.'Brotvne, was prejudiced against him.

This suit was originally commenced by Scott against Blumb and John Blucher before a justice of the peace, and appealed to the Circuit Court of Peoria county, where it was heard before the Hon. John D. Catón and a jury, at the May term 1844. The jury returned a verdict in favor of the defendants for $24-37, an account in off-set having been filed. The defendants remitted all of said amount but six cents, the plaintiff having moved for a new trial.

Bill in Chancery to set. aside a pre-emption certificate, &c., filed by the appellant against the appellees, in the Jo Daviess Circuit Court. The cause came on to be heard before the Hon. Thomas C. Browne, at the November term 1845, upon a demurrer to the bill. The demurrer was sustained and the bill dismissed at the cost of the complainant.

In this case, a motion was made by the counsel for the plaintiffs, for a rule on the defendant to join in error. The motion was denied.

Assumpsit in the Winnebago Circuit Court, originally commenced by the plaintiffs in error against the defendant in error, in the Boone Circuit Court, from which Court the venue was changed at the April term 1843. At the April term 1844, the Hon. Thomas C. Browne presiding, the case was tried by a jury, and a verdict given for the defendant.

This suit was origin-ally'commenced before a justice of the peace iñ Jo Daviess - county, by the defendant in error, for the sum of '$81*91; being the difference in the sale of property sold at auction. Judgment was rendercd before the justice for the amount claimed, against the plaintiff in error, from’ which judgment he appealed to the Circuit Court of Jo Daviess county. At the June term 1845, of said Court, a verdict was. rendered against him for the above sum of $81-91.

Trespass on TH^-CAgE;, &c., in,the Menard Circuit Court, brought by the appellee against the appellant. The cause was heard- before the .Hon. Samuel H. Treat and a jury, at the June term 1845, of said Court, when a verdict was rendered for the plaintiff below-for $150.» The defendant moved for a new trial, which was overruled.

Bill in Chancery fór relief, &c., in the St: Clair'Circuit Court’,'filed by the appellees agairist the appellants, and hehrd before-' the Hon. Gustavus’ P. K'oérner, 'at the November special term 1845, on demurrer to the bill. The demurrer was overruled, and a decree pro confesso entered.

Assumpsit in the La Salle Circuit Court, brought by the defendant in error against the plaintiffs in error.

This was a suit originally commenced in this Court, by the . People against the defendant, McHatton, who was the collector of Schuyler county for the year 1839, and the securities upon his official bond.

Bill in Chancery to foreclose a mortgage, &c., filed by the appellant against the appellees in the Morgan Circuit Court. The cause was heard before the Hon. Samuel D. Lockwood, at the November special term 1845, and a decree rendered against the complainant below, &c.

Bill in Chancery for relief, and injunction, See. filed by the appellant against the appellees in the Vermillion Circuit Court, and heard before the Hon. William Wilson, at the October term 1843. The injunction was dissolved, and the bill dismissed. This case is based upon the same.state of facts as the case of McDonald v. Fithian, 1 Gilman, 269, wherein the allegations of the bill and the testimony are very fully set forth.

Trespass in the Lake Circuit Court, brought by the appellee against the; appellants, and heard before the Hon. Richard M. Young and a jury at the September Term 1844. Verdict and judgment for the plaintiff below for $45.

Ejectment in the Madison Circuit Court, brought by the plaintiffs in error against the defendant in error, and’ heard before the Hon. Gustavus P. Koerner aiid ’a jury,’ at the ■ October term 1845, when a verdict of “not guilty” was rén- ’ dered.

Assumpsit in the Kane Circuit Court, brought by the appellee against the appellant, and heard before the Hon. John D. Catón and a jury, at the April term 1844. Verdict and judgment for the plaintiff below for $550.

John D. Catón, at the November term 1845. The Court, at the hearing, ordered the sheriff to return them instanter, from which decision he appeals to this Court.

Bill in Chancery for an injunction, &c., in the Madison Circuit Court, filed by the defendant in error against the plaintiffs in error. The cause was heard at the May term 1843, when, among other things, a decree was rendered, making the injunction, previously granted, perpetual.

The case in the Probate Court was tried by a jury on the 9th day of June, 1842, who rendered a verdict against the estate of $873'45, on which judgment was entered. The case was taken to the Circuit Court by appeal, and heard at the October term 1844, before the Hon. William Wilson, without the intervention of a jury, and by agreement of the parties, judgment was to be entered in vacation.

Assumpsit in the St. Clair Circuit Court, originally brought by the defendant in error -against the plaintiff in error in the Washington Circuit Court, from which the venue was changed. The Cause was heard before the Hon. Walter B. Scates and a jury, at the May terra 1845, when a verdict was rendered in favor of the plaintiff below for $700. The instruction refused' by .the' Circuit Court and assigned for error, will appear in the Opinion of this Court.

Assumpsit in the Shelby Circuit Court, brought by the plaintiff in error against the defendant in error. The cause was heard before the Hon. Gustavus P. ICoerner and a jury, at the August term 1845, when a verdict and judgment was rendered in favor of the defendant.

Trespass in the Scott Circuit Court, brought by the plaintiff in error against the defendants in error. At the October term 1845, the Hon. Samuel D. Lockwood presiding, the defendants moved for and obtained a rule upon the plaintiff to give security for the costs. The rule not being complied with, the suit was dismissed.

Bill in Chancery in the Madison Circuit Court, filed by the defendants in error against Duncan and others at the May term 1843. The facts and various proceedings in the cause are stated by the Court. The administrator of Duncan prosecuted a writ of error. At the December term 1844, of this Court, the cause came on to be heard upon a motion to dismiss the bill, which motion was overruled.

Assumpsit, originally brought in the Morgan Circuit Court by the defendants in error against the plaintiffs in error. By agreement, the venue was changed to Sangamon county, and the cause was there tried before the Hon. Samuel H. Treat, at the March term 1845, without the intervention of a jury. Judgment for the plaintiffs below for $753-68.

Assumpsit in the Ogle Circuit Court, brought by the defendants in error against the, plaintiffs in error. The cause was heard before the Hon. John D. Catón and a jury, at the May term 1845, when a verdict was rendered in favor of the plaintiffs below for $1709-95.

Case for slander, in the Mason Circuit Court, brought by the defendants in error against the plaintiffs in error, and heard before the Hon. Samuel Treat and a jury, at the Jline term 1844. Verdict and judgment for the plaintiffs below, for $220 damages. •

Case for slander in the McHenry Circuit Cotirt, brought by the appellees against the appellant, and heard before the Hon. Richard M.. Young and a jury, at the September term 1845. Verdict for the plaintiffs below for $425 damages.

This was an original suit in this Court in favor of the People against the defendant, who was the sheriff of Schuyler county. The cause was heard upon demurrer to pleas, the substance of which is set forth in the Opinion of the Court. The demurrer was sustained.