Volume 76 — Illinois Appellate Court Reports

<p>Motion to Dismiss, on a short record. Appeal from the Circuit Court of Cook County; the Hon. Richard W. Clifford, Judge, presiding.</p>

<p>1. Questions op Fact—For the Jury.—The question as to whether some of the subsequent dealings between the parties were to be governed by the original contract alone, or by that in connection with later oral agreements between the parties, is one of fact for the jury, to determine from the facts and circumstances shown in evidence.</p> <p>2. "Vendor and Vendee—Damages After Repudiating the Contract. —Where the vendee under a contract for the sale of coal wrote to the vendor, “You can consider our contract off and stop all shipments on all orders; we will not take or receive any more coal under this contract,” it was held that the trial court properly refused to admit evidence of damages claimed because of the failure of the vendor to deliver coal after the receipt of the letter.</p>

<p>Assumpsit, to recover moneys in a bank. Trial in the County Court of Cook County; the Hon. Wales W. Wood, Judge, presiding. Verdict and judgment for plaintiff. Defendant appeals.</p>

Bill, for an accounting. Trial in the Circuit Courc of Cook County; the Hon. John Gibbons, Judge, presiding. Hearing on remanding order and decree pursuant to the mandate of the Appellate Court. Appeal by defendant.

Trespass, for false imprisonment. Trial in the Circuit Court of Cook County; the Hon. John Gibbons, Judge, presiding. Demurrer to special plea overruled. Judgment for plaintiff, nil dieit. Defendant appeals.

<p>Mechanic’s Lien Proceedings.—Trial in the Circuit Court of Cook County; the Hon. Oliver H, Horton, Judge, presiding. Hearing and decree for defendants; complainants appeal.</p>

<p>1. Husband and Wife—Preferred Creditors.—Where the husband undertakes to prefer his wife to the exclusion of other creditors, the proof should be clear and satisfactory that the wife has a valid subsisting debt which is to be enforced and payment exacted regardless of the fortune or misfortune of the husband.</p>

<p>1. Banks and Banking—Transfer of Deposit by Checks.— The check of a depositor upon his banker transfers to the payee the title to so much of the deposit as the check calls for, provided, the depositor has funds to that amount on deposit, subject to his check at the time it is presented.</p>

Trespass on the Case, for personal injuries. Trial in the Superior Court of Cook County; the Hon. John Barton Payne, Judge, presiding. Verdict and judgment for defendant. Plaintiff appeals.

Assuntpit, for a balance due on a contract. Trial in the Superior Court of Cook County; the Hon. Jonas Hutchinson, Judge, presiding. Verdict and judgment for defendant. Appeal by pi an tiff.

Trespass on the Case, for personal injuries. Trial in the Superior Court of Cook County; the Hon. Arthur H. Chetlain, Judge, presiding. Verdict and judgment for plaintiff, $3,000. Appeal by defendant.

<p>1. Mechanics’ Liens—In Derogation of the Common Law.—The statute with regard to liens is in derogation of the common law, and is to be strictly construed.</p> <p>2. Same—Statement Required by Section J.—The provision of section 4 of the mechanic’s lien law, that the statement required to be filed shall set forth the times when the material was furnished or labor performed, is material and imperative.</p> <p>8. Same—Strictness Required.—The statute requires a true statement, verified by affidavit, of the time when the material was furnished or labor performed. A false statement of the time is fatal.</p> <p>4. Same—When it Exists.—A statutory lien can exist only when it has been perfected in the manner prescribed by the statute authorizing it.</p>

Proceedings under the Mechanic’s Lien Act.—Trial in the Circuit Court of Cook County; the Hon. Oliver H. Horton, Judge, presiding. Judgment on demurrer for defendant and bill dismissed for want of equity. Appeal by complainant.

Trespass on the Case.—Death from negligent act, etc. Trial in the Circuit Court of Cook County; the Hon. Edward F. Dunne, Judge, presiding. Verdict and judgment for plaintiff, $4,600. Appeal by defendant.

Trespass on the Case, for personal injuries. Trial in the Circuit Court of Cook County; the Hon. Elbridge G. Haneoy, Judge, presiding. Verdict for plaintiff, $10,000. Remittitur for $3,500. Judgment for $7,500. Appeal by defendant.

Forcible Detainer, for possession of demised premises. Trial in the Circuit Court of Cook County on appeal from Justice’s Court; the Hon. Richard W. Clifford, Judge, presiding. Verdict and judgment for plaintiff; defendant appeals.

Assumpsit, on a carrier’s contract. Trial in the Circuit Court of Cook County, without a jury; the Hon. Charles G. Neely, Judge, presiding. Finding and judgment for plaintiff of $985. Appeal by defendant.

<p>1, Witness—Competency After the Death of the Adverse Party.— When a party dies pending a suit, the testimony of his adversary, given at a former trial and prior to his decease, can not be admitted as against his executors.</p>

Bill of Foreclosure.—Trial in the Circuit Court of Cook County; the Hon. Arthur H. Chetlain, Judge, presiding. Hearing and decree; appeal from an order affirming in part the receiver’s account.

' Trespass on the Case.—Death from negligent act. Trial in the Superior Court of Cook County; the Hín. Arthur H. Chetlain, Judge, presiding. Verdict and judgment for plaintiff, $3,500. Appeal by defendant.

<p>1. Ordinary Care—Exercise of, a Question for the Jury.—The question. as to whether the plaintiff was in the exercise of ordinary care is for the jury.</p> <p>2. Instructions—When Not Reversible Error.—An instruction improperly given on a point not arising in the case, unless it is calculated to mislead the jury or prejudice them against the opposite party, is not reversible error.</p>

<p>1. Appeals—The Right Statutory.—The right of appeal is purely statutory and the statute must be complied with or the right is gone.</p>

<p>1. Benefit Societies.—Assignment of Certificates.—It is not necessary that the assignee of a certificate of insurance issued by a beneficiary society organized under the act of 1883 (2 S. & C. Stat. 1896, p. 2278) should have an insurable interest in the life of the assured.</p> <p>2. Same—Act of 1893 Has No Retrospective Effect. —The “ Act to provide for the organization and management of fraternal benefit societies,” etc., approved and in force June 22, 1893, (2 S. & C. Stat., 1896, p. 2278), does not apply to certificates issued prior to its passage.</p> <p>3. Same—Effect of Assignment of the Certificate.—The conditions of the approval of the assignment of a beneficiary certificate are the acts of the society, and no part of the contract with the assured; they can not have the effect of limiting the right of the assured to change the beneficiary.</p>

Trespass on the Case, for injuries received before birth. Trial in the Superior Court of Cook County; the Hon. Farlin Q. Ball, Judge, presiding. Judgment for defendant on demurrer; appeal by plaintiff.

In Chancery.—Bill to establish and enforce a trust. Trial in the Circuit Court of Cook County; the Hon. John Gibbons, Judge, presiding. Hearing and bill dismissed for want Of equity; appeal by complainant.

Order of the Circuit Court, striking a transcript of a justice’s judgment from the files; the Hon. Frank Baker, Judge, presiding. Appeal by the party filing the transcript.

<p>Assumpsit, on five promissory notes. Trial in the Circuit Court of Cook County; the Hon. Frank Baker, Judge, presiding. Judgment for plaintiff. Appeal by defendant.</p>

<p>Trover.—Misdelivery of goods by a warehouseman. Trial in the Circuit Court of Cook County; the Hon. Edward F. Dunne, Judge, presiding. Finding and judgment for plaintiff, $250. Appeal by defendant.</p>

<p>Bill to Cancel a Contract.—Trial in the Circuit Court of Cook County; the Hon. John Gibbons, Judge, presiding. Hearing and decree for complainant. Appeal by defendant.</p>

Assumpsit, for moneys deposited in a bank. Trial in the County Court of Cook County; the Hon. Wales W. Wood, Judge, presiding. Verdict and judgment for plaintiff. Appeal by defendants.

Assumpsit, for money deposited in a bank. Trial in the Circuit Court of Cook County; the Hon. Richard S. Tuthill, Judge, presiding. Verdiet and judgment for plaintiff. Defendant appeals.

<p>1. Acceptances—Rights of the Acceptor.—An acceptor of a draft either satisfies himself out of the funds of the drawer .which he has in his possession, or he may recover of the drawer the amount which he pays on it; but in no casó can he bring an action against the drawer or charge the amount of the bill in the account of the drawer before he actually pays it, and thus discharges the drawer from all responsibility.</p> <p>2. Mechanics’ Liens—Not Defeated by the Receipt of Acceptances.— A contractor in the course of the construction of a building drew several drafts upon the owners of the premises in favor of and delivered them to a company furnishing material, and which were accepted by such owners but nothing was paid upon them. In the absence of an agreement to receive the acceptances as payments it was held that they could not be considered as such to defeat the right of the contractor to a mechanic’s lien.</p> <p>3. Bills of Exchange—When Dishonored—Rights of Creditors.—A debtor breaks his contract to pay, when his bill or note is dishonored; and if the creditor, who has parted with value, sues for the original consideration, the authorities predominate in favor of allowing him to recover.</p> <p>4. Promissory Notes—When Taken as Payments.—The mere giving of a note or other negotiable security, unless specially agreed to be received as payment, is treated, prima facie, as a conditional payment only.</p> <p>5. Same—Recovery on the Original Consideration.—The court cites authorities in support of the proposition that if a note or bill is lost, or can not be produced on the trial for cancellation, a recovery may be had on the original consideration.</p> <p>6. Same—Expression “Prima Fade Payment” Explained.—The expression found in the text books and some of the decisions, that the giving of a note is prima facie conditional payment, only tends to confuse the subject. It can only mean that when the holder is paid the amount evidenced by the note, then and then only, the debt is paid.</p>

<p>1. Negligence—Rate of Speed —Grip Oars — Crowded Streets.— Whether a rate of speed equal to six miles an hour, in the streets of a city crowded with teams and people on foot, is negligence on the part of a cable car company, is a question dependent upon the surrounding circumstances, and is for the determination of the jury.</p> <p>2. Instructions—Court Not Bound to Repeat.—A. trial court is not bound to repeat instructions.</p>

Trespass ou the Case, for personal injuries. Trial in the Circuit Court of Cook County; the Hon. Edward F. Dunne, Judge, presiding. Verdict for plaintiff for $8,600. Remittitur for $4.600. Judgment for $4,000. Appeal by defendant.

Bill of Interpleader and Cross-bill.—Trial in the Superior Court of Cook County; the Hon. Henry M. Shepard, Judge, presiding. Hearing and cross-bill stricken from the files. Appeal.

Bill, of Interpleader, by a sublessee against the original lessor (landlord) and the sublessors (tenants), each claiming the rents. Cross-bill by the original lessor, trial in the Superior Court of Cook County; the Hon. Henry V. Freeman, Judge, presiding. Hearing and decree for the original lessor on the cross-bill. Appeal by the sublessors (tenants).

Assumpsit, for goods sold and delivered. Trial in the Superior Court of Cook County without a jury. The Hon. William Gr. Ewing, Judge, presiding. Finding and judgment for plaintiff. Defendant appeals.

<p>1. Abstracts—Cases Improperly on the Short Cause Calendar.— Where there is nothing in the abstract to show whether or not a case was properly placed upon the short cause calendar, the Appellate Court will not search the record for information on the question.</p> <p>2. Presumptions—As to the Regularity of Proceedings.—In the absence of anything in the record showing to the contrary, the court having jurisdiction of the person and subject-matter, it will be presumed that its proceedings were regular and in conformity to the law.</p> <p>3. Waiver—Going to Trial Without the Issues Made Up.—By going to trial without making the objection that the issues are not complete, a party waives the right to insist upon such want of issues as error in the Appellate Court.</p> <p>4. "Variance—Pleadings and Proof.—Where the declaration sets out a judgment against a party, and the proof shows a judgment in another State against him on personal service, and against another party on service by publication, it is sufficient to justify a finding against the defendant.</p>

Action on the Case, against a sheriff for alleged negligence in failing to levy an execution. Trial in the Superior Court of Cook County; the Hon. Arthur H. Chetlain, Judge, presiding. Verdict and judgment for plaintiff. Defendant appeals.

<p>1. Eminent Domain—When .the Power is Exercised—Mortgagee's Lien.—When the power of eminent domain is exercised, the money paid stands in place of the land condemned, and a mortgagee’s lien attaches to the same,- and the mortgagee is entitled to have such money, in place of the land, applied to-the payment of his indebtedness.</p> <p>2. Same— Where the Owner Disposes of his Property and, Becomes Mortgagee—Assignment of Claims.—Where the owner of property conveys the same to another, takes a mor.tgage thereon to secure the payment of the purchase money, and afterward relinquishes all -his claims, including that under his mortgage, to the fund which stands in lieu of the premises taken, he will not be entitled to have the fund applied to the payment of the mortgage debt.</p>

<p>1. Injunctions—Without Notice.—An injunction without notice should not be allowed except in extreme cases, and as a general rule it may be avoided, where there is apprehension on the part of the complainant that he may be deprived of the benefits of the injunction he seeks by some action of the defendant after notice is served and before the application can be heard, by giving notice of immediate application to the chancellor; where, if there can not be a hearing at once, the chancellor may require matters to remain in statu quo pending the hearing, by a stay order, or issue the injunction instanter, and give the defendant a hearing upon a motion to dissolve.</p> <p>2. Pleadings—Must State Facts.—The pleader must state in his pleadings facts, not conclusions.</p> <p>3. Same—Allegations as to Decisions in Other Oases.—Statements as to what has been decided in another case more properly find their place in the brief and argument than in the pleadings of counsel.</p> <p>4. Dedication—A Question of Intention—Pleadings.—Dedication is a question of intention of the dedicator, who must be the owner in fee, and is not complete until accepted; and where a dedication is claimed, the facts constituting it should be set out in the bill.</p>

<p>1. Sales—By Insolvent Persons.—Where creditors obtain a good title to property by purchase from a debtor, they have a right to use it as they deem best to enable them to realize in cash the amouhts due them and paid by them as the consideration for the transfer.</p> <p>2. Equity Practice—Discretion, in Referring Oases to the Master.— The reference of a case to the master is a matter within the reasonable discretion of the trial court, and where it does not appear that this discretion was not properly exercised, the reference will be allowed to stand.</p> <p>3. Amendments—To the Record After the Term.—Amendments to the record after the close of the term at which the case was finally disposed of should not be allowed where there is no memorandum, minute or note of the judge which can be made a part of the record by which to amend; the mere recollection of the judge, or affidavits of witnesses as to their recollection of what was said or done, do not supply the place of such minute or memorandum so made and preserved as a part of the record.</p>

<p>1. Contracts—Payable in Gold Coin Valid.—A contract expressly made payable in gold is valid, and is enforceable as made.</p>

Assumpsit, for merchandise sold and delivered. Trial in the Circuit Court of Cook County; the Hon. Richard S. Tuthill, Judge, presiding. Verdict and judgment for plaintiff. Appeal by defendant.

Bill to Enforce an Agreement.—Trial in the Circuit Court of Cook County; the Hon. Oliver H. Horton, Judge, presiding. Hearing and decree dismissing the bill for want of equity. Appeal by complainants.-

<p>1. Appeals—In Cases Relating to the Revenue.—Appeals in all cases relating to the revenue, or in which the State is interested as a party or otherwise, must be taken directly to the Supreme Court.</p> <p>2. Revenue—The Term Defined.—The word “ revenue,” as used in the revenue act, is to be construed to embrace public revenue, whether State or municipal, all taxes and assessments imposed by public authority, and to special assessments for almost every municipal purpose, as well as to general taxes.</p> <p>8. Same—Right of a Taxpayer Before the Board of Review. —The right of a taxpayer to a hearing before a town board of review, when assembled, is clearly secured by the present statute. It is a substantial right and should not be taken away by implication.</p>

Bill for Injunction, to restrain the use of a trade-name. Trial in the Superior Court of Cook County; the Hon. Nathaniel C. Sears, Judge, presiding. Hearing and decree for complainant. Appeal by defendant.

<p>1. Instructions—Not Marked “ Given”—Where the record shows that the instructions were in fact given to the jury, the case will not be reversed because the trial court inadvertently failed to mark them “ Given.”</p> <p>2. Appellate Court Practice—Motions for New Trials and Assignments of Error.—Where the point that an instruction was given to the jury without being marked “Given,” is not specifically made either in the written motion for a new trial filed in the court below, or in the errors assigned in the Appellate Court, it can not be urged as a ground for reversal.</p> <p>3. Practice—Motions for New Trial.—Only one copy of a motion for a new trial with the reasons is required, and that is to be filed with papers so that both court and counsel may have access to it.</p> <p>4. Same—After Motion Filed.—A party is not bound to read his motion for a new trial to the court in extenso, or to comment upon each and every item thereof. He will not be deemed to have waived the points not read or commented upon provided he has not in some manner deceived the trial court or otherwise waived such points.</p> <p>5. Fellow-Servants—Risks of Negligence of.—The negligence of fellow-servants is one of the ordinary perils of the service, of which one takes the hazard in entering into an employment.</p> <p>6. Same—Personal Acquaintance.—A personal acquaintance between different servants of the same master is not necessary to constitute the relation of fellow-servants.</p> <p>7. Employer and Employe—The Former Notan Insurer.—Tlie rule that a common carrier of persons for hire is practically an insurer of the safety of passengers does not exist in the case of employer and employe.</p> <p>8. Same—Where Neither are at Fault—Accidents.—Where neither employer nor employe is to any extent at fault, then, as between them, any injury or damage which may come to either of them by reason of the employment must be held, in law, to be from an accident for which neither is liable to the other.</p> <p>9. Same—Duty of Employer.—The law requires of every employer that he be vigilant and careful, and that he exercise every reasonable care and caution in the selection of co-employes for the safety and protection of all persons employed by him.</p> <p>10. Same—Reciprocal Duties and Obligations.—The duties and obligations of employer and employe, though greatly differing in extent, are reciprocal. Neither is an insurer of the other against every injury which may result from an accident, where he is not guilty of any negligence or lack of proper care or caution.</p>

<p>Proceedings Under the Insolvent Act.—Appeal from an order allowing exemption to the assignor. Made by the County Court of Cook County; the Hon. C. H. Donnelly, Judge, presiding.</p>

Trespass on the Case, for personal injuries. Trial in the Superior Court of Cook County; the Hon. William G. Ewing, Judge, presiding. Verdict and judgment for plaintiff. Appeal by defendant.

Trespass on the Case, for personal injuries. Trial in the Circuit Court of Cook County; the Hon. Richard S. Tuthill, Judge, presiding. Verdict and judgment for plaintiff. Appeal by defendant.

<p>1. Verdict—Upon Conflicting Evidence.—Verdicts of juries as to where the truth lies in cases of conflicting evidence must stand.</p>

<p>Assumpsit, for commissions. Trial in the County Court of Cook County; the Hon. Wales W. Wood, Judge, presiding. Verdict and judgment for plaintiff. Defendant appeals.</p>

Trespass on the Case, for personal injuries. Trial in the Superior Court of Cook County; the Hon. Philip Stein, Judge, presiding. Verdict and judgment for plaintiff. Appeal by defendant.

<p>1. Abstract—Must be Sufficiently Full.—An abstract must, as against the appellant, be sufficiently full to present all the errors upon which he relies.</p>

<p>1. Trial by the Court—Questions of Fact.—Where a cause is submitted to the court without a jury, the presumption is that the judge trying it is in a position to determine accurately whether the finding is right, and acting under the responsibility of his place, has determined correctly.</p> <p>3. Judgment—Who Can Not Object that it is Too Small.—The fact that a judgment is too small is an error of which the person against whom it is rendered can not complain.</p> <p>3. Bill of Particulars— Office of.—The bill of particulars limits the claims for which recovery can be had to those specifically set forth in it, but it does not limit the introduction of evidence tending to prove such claims.</p> <p>4. Abstract—Must Be Sufficiently Full.—The abstract must be sufficiently full to present all errors upon which appellant relies.</p>

<p>1. Insolvency—Preferences May be Acquired.—Under the existing statutes of this State, and in the absence of any national bankruptcy law, a creditor may legally acquire a preference in the security or payment of a bona fide debt, when there is neither fraud on the part of the creditor nor collusion .with the debtor.</p> <p>2. Voluntary Assignments—Preferences Under.—Section 13 of the Assignment Act which prohibits preferences among creditors, is directed toward insolvent debtors, and is intended to limit and regulate their course of conduct, after they have determined to yield the dominion and control of their property for the benefit of creditors, by making a general assignment. It has no application to the conduct of creditors, except in case of collusion with debtors, by which an authorized preference is sought to be made. The creditor may, notwithstanding the statute, take steps to secure his debt as best he can. The law does not deprive a creditor of the fruits of superior diligence in securing his indebtedness so long as he does no act resulting in an unlawful preference by the debtor.</p> <p>3. Same—Where Security or Payment is Obtained.—Where security or payment is obtained in such a manner as to be treated as having been acquired under or as a part of a general assignment by the debtor, it is a fraud and will not be sustained.</p> <p>4. Estoppel—Of a Party by His Pleadings.—A party litigant will be estopped from denying the allegations of his own pleading.</p>

<p>Assumpsit, for rent. Trial in the Superior Court of Cook County; the Hon. Theodore Brent ano, Judge, presiding. Verdict and judgment for plaintiff, $200. Appeal by defendant.</p>

Assumpsit, for balance due on overdrafts. Trial in the Circuit Court of Cook County; the Hon. Edward F. Dunne, Judge, presiding. Verdict and judgment for plaintiff by direction of the. court. Appeal by defendant.

<p>Replevin.—Count in trover! Trial in the Circuit Court of Cook County; the Hon. Charles G. Neely, Judge, presiding. Verdict and • judgment for plaintiff, $600. Appeal by defendants.</p>

Trespass on the Case, for malicious prosecution. Trial in the Circuit Court of Cook County; the Hon. Elbridge Haneoy, Judge, presiding. Verdict for plaintiff, §2,500. Remittitur by suggestion of the court, §2,100. Judgment for §400. Appeal by defendant.

Assumpsit, for an officer’s salary. Trial in the Circuit Court of Cook County; the Hon. Frank Baker, Judge, presiding. Judgment for defendant on demurrer to plaintiff’s replication to defendant’s special plea. Error by defendant.

Trespass on the Case, for personal injuries. Trial in the Circuit Court of Cook County; the Hon. Thomas Gr. Windes, Judge, presiding. Verdict and judgment for plaintiff, $5,000. Appeal by defendant.

Assumpsit, for merchandise sold and delivered. Trial in the Superior Court of Cook County, on appeal from a justice of the peace; the Hon. Theodore Brentano, Judge, presiding. Hearing by the court without a jury. Finding and judgment for plaintiff, $126.36. Appeal by defendant.

<p>1. Instructions—Canceling Leases.—It is error to instruct a jury that the parties to a lease can not rescind or cancel it without the consent of the principal parties who are only guarantors upon it for the payment of the rent.</p> <p>3. Same—Should Not Limit the Finding, etc.—An instruction should not limit the finding to a part of the facts bearing on the point presented.</p> <p>3. Principal and Guarantor—Liability.—When the principal is not liable the guarantor will not be.</p>

Assumpsit, for moneys deposited in a bank. Trial in the Circuit Court of Cook County; the Hon. Frank Baker, Judge, presiding. Verdict for plaintiff, etc.; appeal by defendants.

Assumpsit, for moneys deposited in a bank. Trial in the Circuit Court of Cook County; the Hon. Edmund W. Burke, Judge, presiding. Verdict and judgment for plaintiff. Appeal by defendant.

<p>Action for Rent.—Trial in the Circuit Court of Cook County, on appeal from a justice of the peace; the Hon. Edward F. Dunne. Judge, presiding.</p>

Trespass on the Case, for personal injuries. Trial in the Superior-Court of Cook County; the Hon. Theodore Brentano, Judge, presiding. Verdict and judgment for plaintiff. Appeal by defendant.

<p>Motion, to set aside a default. Heard in the Superior Court of Cook County; the Hon. Henry V. Freeman, Judge, presiding. Hearing and motion denied, error, etc.</p>

<p>1. Gambling Contracts—Made in This State.—A contract void under Section 130 of the Criminal Code (Hurd’s Statutes, i898, 571), although made in another State and valid where made, will not be enforced by the courts of this State.</p> <p>3. Lex Loci Contractus—Exceptions to the Rule. —While it is true, however, that one State or Nation will recognize and execute the laws of another, through comity, yet the principle of comity does not permit the enforcement of foreign laws which are prejudicial to the interests of the State where they are sought to be enforced.</p> <p>3. Contracts—Made in Another State— When Not Enforceable Here. —A contract made in one State will not be enforced in another, when to do so would contravene the law of the latter State, or would be against the express prohibition of its laws.</p> <p>4. Comity—Between Different States—What it Requires.—Comity between different States does not require a law of one State to be executed in another when it would be against the public policy of the latter State.</p> <p>5. Same—Contracts Injurious to the Welfare of the People.—No State is bound to recognize or enforce contracts which are injurious to the welfare of its people, or which are in violation of its own laws.</p>

<p>1. Certificate of Evidence—PFTiera Made Solely upon the Personal Recollection of the Judge.—A certificate of evidence made only and solely upon the personal recollection of the judge as to what occurred at a prior term, will not be considered as a part of the record by a reviewing court, when objected to in apt time by one of the parties to the suit.</p> <p>2. Interlocutory Order—Where an Interlocutory Order Chanting an Injunction is Final.—An interlocutory order granting an injunction is an order from which no appeal lies except by virtue of the statute. But if there is no change in such order by the court, and it is appealed from, then, as to such appeal, it is to be treated as a final order; and it can not, for the purpose of such appeal, be explained or affected by a certificate of evidence made at a subsequent term of the court.</p> <p>3. Injunctions—When to Issue Without Notice.—It is not necessary that the facts showing that the rights of a party complainant will be unduly prejudiced, unless an injunction is issued without notice, should appear in the affidavit. It is sufficient if such facts appear in a properly verified bill.</p> <p>4. Same—Sufficiency of Bill for Injunction Without Notice.—The court recites in the opinion and holds sufficient the allegations of a bill for the issuing of an injunction without notice.</p> <p>5. Mercantile Show Windows — Doctrine of Ancient Lights.— There is something more than light involved in the case of mercantile show windows in large cities. Courts recognize the fact that such windows are a very large element in the renting value of business places.</p>