Volume 78 — Illinois Appellate Court Reports

<p>Assumpsit, on promissory notes. Trial in the Circuit Court of Peoria County; the Hon. Thomas M. Shaw, Judge, presiding. Verdict and judgment for plaintiff. Error by defendants.</p>

<p>1. Admissions—Of Amount Due in Specific Performance.—Where a bill for specific performance of a contract for the sale of real estate admits a sum to be due and offers to pay it, a finding and decree by the court for a less amount is erroneous.</p>

<p>1. Consideration—Of a Contract Applies to Future Modifications. —When a contract is made upon an ample consideration and is afterward modified by separate instruments, the whole constitutes but one contract, and the consideration of the original contract applies to and is sufficient for the modifications.</p>

Trespass on the Case,,to recover the value of certain grain sold by tenant. Trial in the Circuit Court of Bureau County; the Hon. Harvey M. Trimble, Judge, presiding. Verdict and judgment for plaintiff. Appeal by defendant.

Assumpsit, by indorsee on a promissory note. Trial in the Circuit Court of Peoria County, on appeal from a justice of the peace; the Hon. Leslie D. Puterbaugh, Judge, presiding. Finding and judgment for plaintiff. Appeal by defendant.

<p>Fee Bill, for costs. Appeal from an order quashing a fee bill. Entered by the Circuit Court of Woodford County; the Hon. John H. Moffett, Judge, presiding.</p>

<p>1. Master and Servant—Duty of the Master.—It is the duty of the master to use reasonable care to furnish his servant a reasonably safe place in which to perform his work. This is a positive obligation resting upon the master and he is liable for the negligent performance of such duty, whether he undertakes its performance personally or through another servant.</p> <p>2. Same—When the Servant Assumes the Risk.—If the servant knows of the danger, or by the exercise of reasonable care might know and avoid it, but voluntarily assumes the risk, he can not recover for an injury sustained, even though the master may have been negligent in his duty to the servant.</p> <p>3. Negligence—When the Master Has Knowledge of Danger and Fails to Inform the Servant.—The servant has a right to rely on the statements of the master, and if he knows a place is dangerous and fails to inform the servant, it is such negligence as will authorize a recovery.</p>

<p>1. Contracts—Recovery of Money Advanced on Real Estate Contracts.—Wheretwo persons enter-into a contract for-the sale of real property, conditioned that the vendor shall furnish an abstract showing a good title and to be satisfactory to the vendee, unless such an abstract is furnished, the vendee will be entitled tp -recover back moneys' advanced by him upon such sale,</p>

<p>1. Cities 'and Villages—Appropriations of Funds for Building Bridges after the Time Limited by Law Has Expired.—If a proposition' to build a bridge and issue bonds for the same is sanctioned by a major- . ity of the legal voters of the city, either by petition signed by them .or at an election duly called, it is immaterial whether the subject was included in the annual appropriation bill or not. Further appropriations at any other time than during the first quarter of the fiscal year are authorized by law.</p> <p>2. Same—Appropriation Bill May Be Amended.—A city council may at any time during the first quarter of the fiscal year amend an appropriation bill passed by it, and in such amendment include an item for the building of a bridge not previously included.</p> <p>3. Same—Force of Resolution.—A resolution adopted by a city council by the same vote which is necessary for the adoption of an ordinance! has the samé force and effect as if in the form of an ordinance.</p>

Trespass on the Case, for an assault, etc. Trial in the Circuit Court of Woodford County; the Hon. George W. Patton, Judge, presiding. Verdict and judgment for plaintiff. Appeal' by defendant.

Forcible Detainer.—Trial in the Circuit Court of DuPage County, on appeal from a justice of the peace; the Hon. Charles A. Bishop, Judge, presiding. Order dismissing appeal entered on call. Appeal by plaintiff.

Trespass on the Case, for damages sustained by the destruction of a building by fire. Trial in the Circuit Court of Kane County; the Hon. Charles A. Bishop, Judge, presiding. Verdict and judgment for plaintiff. Appeal by defendant.

<p>Bill of Foreclosure.—Trial in the Circuit Court of Jo Daviess County; the Hon. James Shaw, Judge, presiding. Hearing and bill dismissed for want of equity. Appeal by complainants.</p>

<p>Covenant.—Trial in the Circuit Court of Peoria County; the Hon. Thomas M. Shaw, Judge, presiding. Verdict and judgment for defendant. Appeal by plaintiff.</p>

<p>Replevin.—Trial in the Circuit Court of La Salle County; the Hon. Charles Blanchard, Judge, presiding; finding and judgment for plaintiff; appeal by defendant.</p>

Assumpsit, on a contract. Trial in the Circuit Court of Peoria County; the Hon. Thomas M. Shaw, Judge,'presiding. Finding and judgment for plaintiff for nominal damages. Appeal by plaintiff.

Trespass on the Case, for personal injuries. Trial in the Circuit Court of Will County; the Hon. John Small, Judge, presiding. Verdict and judgment for plaintiff. Appeal by defendant.

<p>Bill of Interpleader.—Appeal from the Circuit Court of Iroquois County; the Hon. John Small, Judge, presiding.</p>

Trespass on the Case, to recover damages sustained by being shot by an employe. Trial in the Circuit Court of Kankakee County; the Hon. John Small, Judge, presiding. Verdict and judgment for plaintiff. Appeal by defendant.

<p>1. Reversible Error—Questions of Fact.—In this case the court finds no reversible error and affirms the judgment of the court below.</p>

Assumpsit,, for merchandise manufactured, etc. Trial in the Circuit Court of Winnebago County, the Hon. Charles E. Fuller, Judge, presiding. Verdict and judgment for defendant. Appeal by plaintiff.

Assumpsit, for merchandise sold and delivered. Trial in the Circuit Court of Peoria County; the Hon. Leslie D. Puterbaugh, Judge, presiding. Verdict and judgment for plaintiff. Appeal by defendant.

<p>1. Counties—Liability for Surgical Aid Rendered to Poor Persons. — A surgeon who renders surgical aid to a person not coming within the definition of a pauper, may recover for such services from the county, provided he can show an employment by the overseer of the poor, or a ratification of his services after they are rendered, by such overseer.</p> <p>2. County Boards—Power to Adopt Rules.—The county board has the power to adopt reasonable rules and regulations; and when adopted 'they must be complied with, or the county will not be liable; but in the ■ absence of such rules, the power of the overseer of the poor, or the supervisor of tlie town, to bind the county, is unrestricted, except that he can not stipulate for unreasonable amounts.</p> <p>3. Overseers of the Poor—Authority Not Lost by Removal of Sick Person.—The necessity of removing the patient to a hospital, in another town, does not deprive the overseer of the poor of his authority in the case.</p> <p>4. Admissions—By Tender.—Where a county makes a tender to a person presenting a claim it is an admission of its liability to the extent of the tender.</p>

Assmhpsit, for work and services. Trial in the Circuit Court óf Knox County, on appeal from a justice of the peace; the Hon. John A. Gray, Judge, presiding. Verdict and judgment for defendant. Error by plaintiff.

<p>1. Trespass—For Taking Coal—Burden of Proof.—In an action of trespass for taking coal, the burden of proof is upon the plaintiff, not only to show that the coal was taken from his land, but before defendants can be made responsible, he must show that they took the coal, or in some way aided, assisted or directed the taking, or that they had charge ©r control of the underground work of the mine, and were therefore bound to know at their peril whose coal was being taken.</p>

Trespass on the Case, for personal injuries. Trial in the Circuit Court of La Salle County; the Hon. Samuel C. Stough, Judge, presiding. Verdict and judgment for defendant. Appeal by plaintiff.

<p>■ Bill for Relief.—Tri^l in the Circuit Court of Whiteside County; the Hon. John C. Carver, Judge, presiding. Hearing and decree for defendant; error by complainant.</p>

<p>Indictment, for selling intoxicating liquors without a license. Trial in the Circuit Court of Lake-County; the Hon. Charles H. Donnelly, Judge, presiding. Verdict of guilty. Error by defendant.</p>

Mandamus, to compel a mayor to sign warrants for a marshal’s salary.' Trial in the Circuit Court of La Salle County; the Hon. Charles Blanchard, Judge, presiding. Finding and judgment for relator. Appeal by respondent.

<p>1. Rents and Profits—In Partition.—A proper division of rents and profits is germane to a bill for partition, and relief on that subject may be granted by the decree in the partition suit.</p> <p>2. Equity Practice—Jurisdiction—When Retained for All Purposes.—When a court of equity has obtained jurisdiction for one purpose it will, under proper pleadings and prayer, proceed to grant complete relief touching the subject-matter of the suit, even if it involves relief which could have been had at law.</p> <p>8. Partition—Bents and Profits Determined, in—By Arbitration.—■ The fact that the parties in a suit for partition resort to arbitration for the purpose of ascertaining what sum is due from one of the parties for his.use of the premises is still germane to the suit for partition, and the court will enforce the payment of the sum so ascertained, upon its being brought before the court by a proper supplemental pleading.</p> <p>4. Practice—Interval Between Computation and Decree—Antedating Decrees.—Where there is an interregnum between the time fixed in a computation and the date of the entry of a decree or judgment thereon, he who wishes the intermediate time covered by the judgment should specifically ask the trial court to act on the subject, and if he does not he is not in a position to complain of the omission.</p>

Bill for Foreclosure, Cross-Bill, etc.—Trial in the Circuit Court of La Salle County; the Hon. Charles Blanchard, Judge, presiding. Hearing and bill dismissed for want of equity. Complainant appeals.

<p>1. Insurance—Construction of Policies.—The rule to be'adopted in construing the clauses of an insurance policy should be a liberal one and favorable.to the insured, so as not to defeat, without a plain necessity, his claim to the indemnity which, in making the insurance, it was his object to secure.</p> <p>2. Same—Construction of Particular Clauses.—In construing a policy of insurance the purpose of the following clause—“ $50,000 on freight cars of every description, the property of other roads, firms, individuals or corporations, for which the assured are or may be liable while on the line of their road, the limit of loss, if any, on any one freight car not to exceed $500,” was held to be to indemnify the assured (a common carrier) against claims of or controversies with the owners of property lost by fire while in its possession.</p>

Trespass on the Case, for personal injuries. Trial in the Circuit Court of La Salle County; the Hon. Charles Blanchard, Judge, presiding. Verdict and judgment for plaintiff. Appeal by defendant.

<p>Claim in Probate.—Appeal from the Circuit Court of Knox County; the Hon. John A. Gray, Judge, presiding.</p>

<p>1. Live Insurance—Suicide Does Not Always Avoid the Policy.—A provision in a policy of life insurance avoiding the policy in case of suicide by the assured can not be enforced where the assured is driven to the suicidal act by an uncontrollable insane impulse.</p>

Bill for the Reformation of a Deed, etc.—Trial in the Circuit Court of Carroll County; the Hon. James S. Baume, Judge, presiding. Hearing and bill dismissed for want ■ of equity. Appeal by complainant.

<p>Order Vacating a Judgment by Confession.—Trial in the Circuit Court of Winnebago County; the Hon. Charles E. Fuller, Judge, presiding. Appeal by the judgment plaintiff.</p>

<p>Order Vacating a Judgment by Confession,—Trial in the Circuit Court of Winnebago County; the Hon. Charles E. Fuller, Judge, presiding. Appeal by the judgment plaintiff.</p>

<p>1. Service of Process—By Publication.—Affidavits of non-residence can be filed and service by publication had only as to those who are defendants.</p> <p>2. Parties—Service by Publication—In Chancery.—No one can be a defendant in a cause in equity until he has been so named in the bill of complaint, with a prayer for relief against him, and until a party is so named a notice to him by publication is a nullity.</p> <p>3. Lis Pendens—When Suits in Equity Are.—A suit in equity is not lis pendens to a party until a bill has been filed against him and service had upon him.</p> <p>4. Error—Where the Writ Lies—Parties.—When a decree makes a person an apparent party and recites service upon him by publication, establishes a lien upon his land and orders it sold and the proceeds paid to others, he has a legal right to resort to a writ of error to secure its reversal, although he was not served with process in the suit.</p>

<p>1. Voluntary Assignments—Title of the Assignee.—An assignee under the insolvent acts takes no greater interest in or better title to the property assigned than the assignor possessed.</p> <p>2. Promissory Notes—Taker of Past Due Paper.—The rule that the taker of past'due commercial paper takes it subject to all equitable and legal defenses, means defenses and equities which the maker has against the note, and has no reference to any equities of intermediate indorsers and indorsees of which the indorsee after maturity has no actual notice.</p> <p>3. Commercial Paper — Transfers, When Overdue.— Commercial paper transferred when overdue is not subject to equities existing between the maker and parties other than the payee, of between the intermediate parties.</p> <p>4. Same—Transfers by Intermediate Holders—Notice of Fraud.—A transfer by one who is not an original party to a bill or note is not notice of fraud in his possession of the instrument.</p> <p>5. Same—Failure of Consideration—Intervening .Indorsements.— Failure of the consideration for an intervening indorsement can not be setup by the maker of a note against an indorsee after maturity.</p> <p>6. Same—Unknown Equities in Favor of Third Parties.—In general, unknown equities in favor of third persons constitute no valid defense even against a purchaser after maturity. The equities to which such paper is subject are those which arise out of the instrument itself.</p> <p>7. Same—Equities Between Remote Indorsers and Indorsees.—The indorsee of overdue paper can not be prevented from recovering on the instrument on account of equities arising between remote indorsers and indorsees. Be is only subject to those equities which arise between the original parties and between himself and his immediate indorser.</p>

<p>Bill for Divorce and Alimony.—Trial in the Circuit Court of Adams County; the Hon. Oscar P. Bonney, Judge, presiding. Hearing and decree for complainant. Error by defendant.</p>

<p>Assumpsit.—Trial in the Circuit Court of Vermilion County; the Hon. Ferdinand Bookw alter, Judge, presiding. Judgment for plaintiff. Appeal by defendant.</p>

Mandamus, to compel the treasurer of the city of Mattoon to deposit money in a depository selected by the city council. Trial in the Circuit Court of Coles County; the Hon. Frank K. Dunn, Judge, presiding. Finding and judgment for- respondents on demurrer to petition. Error by relator.

<p>1. Statute of Limitations—What is Not a New Promise.—The mere fact that a party was anxious for his brother to pay the debt in question, and urged him to do so, will not amount to a promise sufficient to take the case out of the statute.</p>

<p>' 1. Fraudulent Conveyance—Inadequate Consideration—Rule in Chancery—When it Will Stand as a Mortgage.—When, a grantee purchases without actual notice of the intent of the grantor to defraud his creditors, but for a consideration that is so inadequate that it would be inequitable to allow the deed to stand as a conveyance, a court of equity may set it aside, so far as it purports to be an absolute conveyance, but permit it to stand as a security only for the money advanced.</p>

Assumpsit, to recover money had and received, etc. Trial in the Circuit Court of Pike County; the Hon. Jefferson Obr, Judge, presiding. Judgment for defendant nil capiat on demurrer to a special plea. Appeal by plaintiff.

<p>Assumpsit, on a contract for transportation. Trial in the Circuit Court of McLean County; the Hon. Colostin D. Myers, Judge, presiding. Verdict and judgment for plaintiff. Appeal by defendant.</p>

Debt, on a dram shop keeper’s bond. Trial in the Circuit Court of Sangamon County; the Hon. James A. Creighton, Judge, presiding. Verdict and judgment for plaintiff. Appeal by defendant.

<p>1. Trials by the Court—Findings on Conflicting Evidence.—Where a cause is tried by the court without a jury, and there is evidence to support the finding, it will not be disturbed.</p> <p>2. Variance—Altered Instruments.—In a replevin suit to recover the possession of a promissory note, by the rightful owner, the fact that the note has been wrongfully altered by changing the name of the' original payee can not be held to be a variance.</p>

<p>1. Religious Corporations—Ratification of Church Debts.—A religious congregation, by raising funds to discharge an indebtedness and authorizing the payment thereof, ratifies the indebtedness and becomes liable for what remains unpaid after exhausting the amount raised.</p>

<p>Petition to Have a Receiver Discharged.—Trial in the Circuit Court of Ford County; the Hon. John H. Moppett, Judge, presiding. Hearing and petition dismissed. Appeal by petitioners.</p>

Trespass on the Case, for personal injuries.- Trial in the Circuit Court of Pike County; the Hon. Thomas N. Mehan, Judge, presiding. Verdict and judgment for plaintiff; appeal by defendants

• Trespass on the Case, for personal injuries. Trial in the Circuit Court of McLean County; the Hon. Colostin D. Myers, Judge, presiding. Verdict and judgment for plaintiff. Appeal by defendant.

Assumpsit, for a failure to deliver grain, etc. Trial in the Circuit Court of Fulton County; the Hon. John J. Glenn, Judge, presiding. Verdict and judgment for defendant. Appeal by plaintiff.

<p>1. Mortgage—Position of an Assignee.—The assignee of a mortgage or deed of trust does not occupy the position of an assignee of commercial paper, but takes and holds such mortgage subject to all the equities that could have been urged against it in the hands of the original holders.</p> <p>2. Fraud—Constructive—Attorney and Client.—Where the relation of attorney and client exists between the parties to a note and mortgage, and fraud is charged, the burden of proof is upon the attorney to show fairness, adequacy and equity, and upon failure to make this proof, a court of equity will treat the case as one of constructive fraud.</p> <p>3. Attorneys—Duty to Clients.—An attorney who bargains in a matter of advantage to himself with a client is bound to show the transaction is fair and equitable; that he fully and faithfully discharged his duty to his client, without misrepresentation or concealment of the facts material to the client; that the client was fully informed of bis rights and interest in the subject-matter of the transaction.</p>

<p>Indictment, for carrying concealed weapons; Trial in the Circuit Court of Piatt County; the Hon. William Gr. Cochran, Judge, presiding. Verdict of guilty. Appeal by defendant.</p>

<p>1. Negotiable Instruments—Construction of the Act of June 4, 1895.—The statute, June 4, 1895, relating to negotiable instruments, applies to cases where a suit is brought against two or more persons severally liable on a negotiable instrument, and one or more of them makes default, and the plaintiff proceeds to trial against the others and fails; he still can have the damages assessed, and upon the finding have judgment by default against the defendants not putting in a defense.</p> <p>2. Statutes—Construction—Repeals by Implication.—Repeals by implication, either of a statute or a well recognized principle of the common law, are not favored if there is inconsistency between the new act and the old statute, or between the new act and the common law.</p> <p>3. Same—Rule of Construction—Application of the Act of June 4, 1895, to Commercial Paper.—When a statute is clear in meaning and purpose it is not within the power or province of the court to extend its application to a case not within its terms, and especially when such extension would work a. repeal of a well-established principle of the common law.</p>

Action for Damages, caused by the obstruction of a water-course. Trial in the Circuit Court of Vermilion County; the Hon. Ferdinand Bookwalter, Judge, presiding. Verdict and judgment for plaintiff. Appeal by defendant.

<p>1. Voluntary Assignments—'What the Assignee Takes—It an assignor has no right to the property assigned the assignee acquires no title to it. He takes no greater interest or better title to the property than the assignor possessed.</p> <p>S. Same—Rule of Superior Diligence Does Not Apply.—The rule in equity—that when a creditor has, through the instrumentalities of a court of equity, discovered property which he had been unable before to discover and seize, upon execution at law, he becomes entitled to preference over other creditors to have his judgment paid first—does not apply to the assignments for the benefit of creditors under the insolvent act.</p> <p>3. Same—Replevin Does Not Lie.—A claimant of property in the hands of an assignee can not maintain replevin for it; be must present his claim by petition to the County Court having jurisdiction of the matter.</p>

<p>Trespass, for assault vi et annis. Trial in the Circuit Court of . Shelby County; the Hon. Samuel L. Dwight, Judge, presiding. Verdict and judgment for plaintiff. Appeal by defendant.</p>

<p>1. Jury—Province of—Questions of Fact.—Where the evidence is conflicting, it is the peculiar province of the jury to say where the truth was.</p> <p>2. Practice—Re-opening Cases, Discretionary.—A court commits no error in re-opening a cáse after the defendant has concluded his testimony.</p>

<p>Action to Recover a Penalty, under Section 87, Ch. 114, R. S. Trial in the Circuit Court of Vermilion County; the Hón. Ferdinand Bookwalter, Judge, presiding. Finding and judgment for plaintiff. Appeal by defendant.</p>

<p>1. Appeals—In Matters of Trivial Importance.—Appeals in matters of trivial importance, especially where the merits of the case are clearly against the party appealing, should not be taken.</p>

<p>Debt, on an official bond. Trial in the Circuit Court of Pike County; the Hon. Thomas it. Meehan, Judge, presiding. Finding and judgment for plaintiff. Appeal by defendant.</p>

Action for Damages.—Death from negligent act. Trial in the Circuit Court of Christian County; the Hon. William M. Farmer, Judge, presiding. Verdict and judgment for plaintiff. Appeal by defendant.

Trespass on the Case, for personal injuries. Trial in the Circuit Court of Vermilion County; the Hon. Ferdinand Bookwalter, Judge, presiding. Verdict and judgment for plaintiff; appeal by defendant.

Trespass on the Case, for personal injuries. Trial in the Circuit Court of Vermilion County; the Hon. Ferdinand Bookwalter, Judge, presiding. Verdict and judgment for plaintiff. Appeal by defendant.

<p>Assumpsit, on a promissory note. Trial in the Circuit Court of Tazewell County; the Hon. Thomas M. Shaw, Judge, presiding. Judgment for defendant on demurrer to replication. Appeal by plaintiff.</p>

Assnmpsit, upon an account of deposit and charges wrongfully made. Trial in the Circuit Court of McLean County; the Hon. Colostin D. Myers, Judge, presiding. Finding and judgment for defendant. Appeal by plaintiff.

<p>Violation of City Ordinance.—Trial in the Circuit Court of Moultrie' County; the Hon. William G. Cochran, Judge, presiding. • Verdict and judgment for plaintiff. Appeal by defendant.</p>

<p>1. Foreign Insurance Companies—Suits Against Resident Agent. —A foreign insurance company can hot itself maintain a suit against one of its agents in this State without having complied with the laws of this State authorizing it to do business Within its borders.</p> <p>2. Garnishment—Rights ' of Garnishing Creditor.—It ‘is a well-established doctrine in garnishment proceedings that the garnisheeing creditor has no greater right to recover of the party garnisheed than the debtor in whose name the proceeding is conducted.</p> <p>8. Same—Liability of Agents of Foreign Insurance Companies Unauthorized to do Business in This State.—A resident agent of a foreign insurance company unlawfully doing business in this State is not liable to garnishee process for moneys of such company in his possession.</p>

Assumpsit, for merchandise sold and delivered. Trial in the Circuit Court of Ford County;- the Hon. John H. Moffett, Judge, presiding. Verdict and judgment for plaintiff. Appeal by defendant.

<p>Bill for an Injunction.—Trial in the Circuit Court of Coles County; the Hón. Frank. K. Dunn, Judge, presiding. Decree for complainant on demurrer. Appeal by defendants.</p>

Trespass on the Case, for personal injuries. Trial in the Circuit Court of Coles County; the Hon. Henry Van Sellar, Judge, presiding. Judgment for defendant on demurrer to declaration. Appeal by plaintiff.

<p>Bill of Interpleader.—Trial in the Circuit Court of Morgan County; the Hon. Robert B. Shirley, Judge, presiding; appeal by the unsuccessful party.</p>

<p>Mandamus.—Hearing in the Circuit Court of Vermilion County; the Hon. Ferdinand Bookwalter, Judge, presiding. Hearing and judgment for relators on demurrer to petition. ' Appeal by respondents.</p>

<p>1. Alimony—Pendente Lite—Allowance of, Where the Wife Has Property of 'Her Own.—Section 1 of the statute entitled “ Separate Maintenance,” provides that “.the court may grant allowances to enable the wife to prosecute her suit as in cases of divorce,” and that this provision has been construed to warrant an allowance pendente lite where the wife has property of her own and an income therefrom.</p>

Trespass on the Case, for damages resulting from fire set by engines. Trial in the Circuit Court of Logan' County; the Hon. John H. Moffett, Judge, presiding. Verdict and judgment for plaintiff. Appeal by defendant.

<p>1. Gambling Contracts—Agreement to Repurchase Stoek.—An agreement between the seller and purchaser of certain shares of stock, that at the expiration of five years, if the purchaser was then willing, the. seller would repurchase of him the stock in question at the price specified in the agreement of sale, is a contract for an option to buy at a future time and is void by reason of Section 130 of the Criminal Code. ■</p> <p>2. Practice—Instructions Not a Part of the Record Unless, etc.— Where the clerk in making up the transcript in accordance with the praecipe of counsel, copies into the transcript instructions and motions which are not in the bill of exceptions, under the hand and seal of the judge, such instructions and motions are no part of the record, and can not be considered by this court in passing upon the errors assigned, which call them in question.</p>

Assumpsit, for mining coal, etc. Trial in the Circuit Court of Vermilion County, on appeal from a justice of the peace; the Hon. Ferdinand Bookwalter, Judge, presiding. Finding and judgment for plaintiff. Appeal by defendant.

<p>1. Practice—Estoppel to Object to Instructions.—A party is not allowed to urge the objection that there is no evidence in support of a proposition contained in an instruction, when he himself asked for an instruction based upon the same theory as to the evidence.</p> <p>2. Instructions—As to Material Allegations of the Declaration.— What were the material allegations of the declaration is a question of law, and it is error to submit to the jury what are and what are not material allegations of the declaration.</p> <p>3. Same—As to the Credibility of Witnesses.—An instruction which tells the jury that if any witness has sworn falsely as to any material matters in issue then, they may disregard the whole of such witness’ testimony except wherein it is corroborated by creditable evidence in the case, is erroneous as omitting the element that the witness had willfully or knowingly sworn falsely.</p>

<p>Assumpsit, on the money counts. Trial in the Circuit Court of Macoupin County; ■ the Hon, James A. Creighton, Judge, presiding. Hearing and judgment for defendant. Appeal by plaintiff.</p>

<p>Debt, on executor’s bond. Trial in the Circuit Court of McLean County; the Hon. John H. Moffett, Judge, presiding. Finding and judgment for plaintiffs. , Error by defendant.</p>

<p>I. Intoxicating Liquors—Liability of the Saloon Keeper.—A saloon keeper who furnishes a party partially intoxicated, with liquor, is liable for that person’s death resulting from intoxication a few hours later, though he drank during the time at other places, and from a jug of gin belonging to a neighbor.</p>

Action to Recover Damages, resulting from the operation of an electric light plant. Trial in the Circuit Court of Sangamon County; the Hon. James - A. Creighton, Judge, presiding. Verdict and judgment for plaintiff. Appeal by defendant.

<p>Trespass on the Case, for a nuisance. Trial in the Circuit Court of Montgomery County; the Hon. Truman E. Ames, Judge, presiding. Verdict and judgment for plaintiff. Appeal by defendant.</p>

<p>1. Practice—Insufficient Affidavits for Continuance.—In an action by an administrator upon a promissory note, an affidavit by the defendant setting up that he had paid the deceased for legal services, at one time $50, and at another time $35, in the presence of third persons whom he did not know and of whose whereabouts he could learn nothing after diligent search and inquiry, is not sufficient to support a motion for a continuance.</p> <p>2. Attorneys—Dealing with Clients. —The rule of law that makes dealings between client and attorney prima facie fraudulent as against the attorney, and requires the attorney in controversy with his client to show that the transaction is fair and equitable, does not apply where the transaction is simply the giving of a note in payment of legal services performed.</p> <p>3. Attorney and Clients—Business Transactions Between, etc.— In a case where the transaction is simply the giving of a note in payment of legal services performed, no greater duty rests with the attorney seeking collection by suit than devolves upon any other person suing upon a promissory note.</p>

<p>1. Commissioners of Highways—Authority to License Telegraph Companies to Erect Poles in the Highway.—In an action of trespass for setting telegraph poles in the highway along the plaintiff’s premises a special plea setting up that the locus in quo is a public highway on which the appellant was authorized by law to construct lines of telegraph poles upon obtaining the consent of the county board and of the commissioners of highways of the town in which the highway is situated, is not a good plea.</p> <p>2. Highways—Telegraph Poles Impose an Additional Burden, etc.— The use of the land within a highway for the poles and wires of telegraph companies imposes a new and additional burden upon the fee of the land therein, other than that contemplated by the taking of the land for the purpose of a highway.</p> <p>8. Trespass—Possession Necessary in Bringing the Action.—In order to maintain the action of trespass quare clausum fregit the plaintiff must show that at the time of the alleged trespass he was in possession, or, if the lands are unoccupied, there was no other exclusive possession.</p> <p>4. Agents—To Collect Bents—No Implied Authority to License Telegraph Companies to Set Poles.—An agent, with authority to lease farms and collect rents, has no implied authority to license telegraph companies to erect poles in the highway in front of such farms.</p> <p>5. Possession—Of Highways in Front pf Lands Occupied by Tenants. —The owner of lands occupied by tenants has such a possession of the highway in front of such lands as will enable him to maintain an action of trespass against a telegraph company for erecting poles therein without his consent.</p> <p>6. Statute of Frauds—Acts Which Amount to a Permanent Interference with the Use of Land.—Acts which amount to a permanent interference with the soil and use of the land, ought not to be exercised by any one except Those having a durable and fixed interest in the same, such as can only be granted by the owner, or his agent duly authorized in writing so to do, in order to be binding upon the owner, when he invokes the statute of frauds.</p>

<p>1. Jury—Duty in Conflieting Evidence.—Where there is a sharp conflict in the testimony, it is the province of the jury to determine with whom is the greater weight or credibility of the testimony, and when so determined the verdict will not be interfered with, if free from passion, prejudice or partiality.</p> <p>2. Partnership—What is Not.—An agreement made by a real estate agent to give a person one dollar an acre for assisting him to sell a certain farm does not make them partners.</p> <p>3. Presumptions—From Taking a Note, etc.—Where a note is given by one party and accepted by another with whom he has had dealings, the presumption obtains that it was intended as a settlement and satisfaction of all antecedent demands.</p>

<p>Assumpsit, for board, etc. Trial in the Circuit Court of Schuyler County; the Hon. Harry Higsbee, Judge, presiding. Verdict and judgment for plaintiff. Appeal by defendant.</p>

Assumpsit,-for work and labor, etc. Trial in the Circuit Court of Moultrie County; the Hon. William G. Cochran, Judge, presiding. Verdict and judgment for plaintiff. Appeal by defendant.

<p>•1. Quo Warranto—Burden of Proof on Respondent. —When a respondent in a quo warranto proceeding sets up a good title to the office in. question, the burden of proving such title is upon-him, and if he fails to do so it is proper for the court to instruct the jury to find for the relator.</p>

<p>Bill to Enforce a Lien upon certain funds. Trial in the Circuit Court of Fulton County; the Hon. Owen P. Thompson, Judge, presiding. Decree dismissing the bill. Appeal by complainants.</p>

<p>Assumpsit, for breach of contract. Appeal from the County Court of McLean County; the Hon. R. A. Russel, Judge, presiding.</p>

Assumpsit, for services as a school teacher. Trial in the Circuit Court of Brown County; the Hon. Harry Higbee, Judge, presiding. Verdict and judgment for plaintiff. Appeal by defendant.

<p>1. Bill of Exceptions—Must be Signed'and Sealed.—It is indispensable that, a bill of exceptions be signed and. sealed by the judge by whom it is made.</p>

<p>1. Vendor and Vendee—Seller's Statements—When Not Fraudulent.—Statements made by a vendor to his vendee as to the value of property, when selling the same, where no confidential relations exist between them and the property can be seen and inspected by the vendee, are considered as mere seller’s.statements, and furnish no ground for an action for damages, as such statements do not relieve the vendee from the responsibility of investigating for himself before purchasing.</p>

Assumpsit, for work and services. Trial in the Circuit Court of Edgar County; the Hon. Henry Van Sellar, Judge, presiding. Verdict and judgment for plaintiff. Appeal by defendant.

Trespass on the Case, for allowing certain street tiles and drains to become clogged, whereby in heavy rains property becomes flooded. Trial in the Circuit Court of Montgomery County; the Hon. William M. Farmer; Judge, presiding. Yerdict and judgment for plaintiff. Appeal by defendant.

<p>Creditor’s Bill.—Trial in the Cn-cuit Court of McLean County; the Hon. Colostin D. Myers, Judge, presiding. Decree for complainant. Appeal by defendants.</p>

<p>Bill for Injunction.—Trial in the Circuit Court of Hancock County; the Hon. John A. Geay, Judge, presiding. Judgment for defendant on demurrer to bill. Appeal by complainants.</p>

<p>1. Garnishment—An Equitable Proceeding—Equitable Assignments Protected.—Garnishment being an equitable proceeding, an equitable assignment of a debt will be protected and recognized against it by a creditor of the assignor.</p> <p>2. Equitable Assignment—When It Will Protect Against Attachments.—An equitable assignment will secure the property against attachment for a debt of the assignor, though no notice to the person holding the property is given prior to the attachment if such notice is given in time to enable him to bring it to the attention of the court .before judgment is rendered against a garnishee.</p> <p>3. Practice—Certifying Indictments to the County Court for Trial. —The failure of the clerk of the Circuit Court to indorse on the back of an indictment the statutory certificate, certifying the case to the County Court for process and trial, when the certificate and indictment are transmitted together under the same cover, does not vitiate the proceedings. It is at most simply an irregularity that can be cured if the attention of the court is called to it, and such failure is not the subject of attack in a collateral proceeding.</p>

<p>Assumpsit, for work and services. Trial in City Court of Canton; the Hon. John A. Gray, Judge, presiding. Verdict and judgment for plaintiff. Appeal by defendant.</p>

<p>Bill for Settling a Partnership, etc.—Trial in the Circuit Court of McLean County; the Hon. COLOSTIN D. Myers, Judge, presiding. Decree for complainant. Appeal by defendants.</p>

Trespass, for damage to real estate. Trial in the County Court of McLean County; the Hon. R. A. Russel, Judge, presiding. Verdict and judgment-for plaintiff. Appeal by defendant.

<p>1. • Nuisance—Threshing Machine.—The setting of a grain threshing machine within two hundred feet of the plaintiff’s dwelling and the threshing of grain there'a whole day, whereby dust, chaif and smoke were blown into his house, to the annoyance of his family and the injury of his furniture, is a nuisance.</p>

<p>Replevin.—Trial in the County Court of Morgan County; the Hon. Charles A. Barnes, Judge, presiding. Yerdict and judgment for defendant. Appeal by plaintiff.</p>

<p>1. Books of Account—Memoranda to Refresh the Memory Are Not. —Mere memoranda for the convenience of a real estate firm, disclosing no purpose to charge or bind any one, are proper to aid the memory of a witness, but not as proof to the jury of a disputed fact.</p>

Assumpsit, for wages. Trial in the Circuit Court of Sangamon County on pleas of set-off; the Hon. James A. Creighton, Judge, presiding. yerdict and judgment for plaintiff. Appeal by defendant.

<p>Assumpsit, on a promissory note. Trial in the Circuit Court of Montgomery County; the Hon. William M. Farmer, Judge, presiding. Verdict and judgment for plaintiff. Appeal by defendant.</p>

Action for Rent.—Trial in the Circuit Court of McLean County, on appeal from a justice of the peace; the Hon. Colostin D. Myers, Judge, presiding. Verdict and judgment for plaintiff. Appeal by defendant.

Assumpsit, on a promissory note. Trial in the Circuit Court of Moul- ■ trie County; the Hon. Edward P. Vail, Judge, presiding. Verdict for plaintiff on balance of note after deducting usury, etc., and judgment accordingly. Appeal by plaintiff.

<p>Action to Recover the Value of Domestic Animals Killed by a Railroad Company.—Trial in the Circuit Court of Vermilion County; the Hon. Ferdinand Bookwalter, Judge, presiding. Verdict and judgment for plaintiff. Appeal by defendant.</p>

Action to Recover Damages, for damming a ditch. Trial in the Circuit Court of Vermilion County, on appeal from a justice of the peace; the Hon. Ferdinand Bookwalter, Judge, presiding. Verdict and judgment for plaintiff. Appeal by defendant.

<p>Motion to Vacate Judgment.—Hearing in the Circuit Court of Champaign County; the Hon. Fbancis M. Weight, Judge, presiding. Motion denied. Appeal by judgment debtors.</p>

<p>Bill to Have Conveyances of Beal Estate Set Aside as fraudulent and clouds upon title. Trial in the Circuit Court of Macoupin County; the Hon. Robert B. Shirley, Judge, presiding. Bill dismissed on demurrer. Appeal by complainant.</p>

<p>Bill to Wind up the Affairs of a Corporation.—Trial in the Circuit Court of Clark County; the Hon. Ferdinand Bookwalter, Judge, presiding. Decree for complainants. Error by defendants.</p>

Assumpsit, for money had and received. Trial in the Circuit Court of Macon County; the Hon. Edward P. Vaii,, Judge, presiding. Verdict and judgment for plaintiff. Appeal by defendant.

Debt, for the violation of an ordinance. Trial in the Circuit Court of Montgomery County; the Hon. TruSlan E. Ames, Judge, presiding. Finding and judgment for defendant. Appeal by plaintiff.

<p>Assumpsit, for money paid, etc. Trial' in the County Court of Cumberland County; the Hon. Gesham Monohon, Judge, presiding. Verdict and judgment for plaintiff. Appeal by defendant.</p>

<p>1. Attachments—Where the Defendant Enters into a Recognizance. —Where a defendant in attachment proceedings enters into a recognizance in conformity with the provisions of Sec. 15, Ch. 11,‘R. S. entitled “ Attachments,” the character of the suit as a proceeding in rem is changed to a proceeding in personam, as completely so as if it had been originally commenced by an ordinary summons and no attachments issued.</p> <p>2. Same—When the Writ Becomes Functus Officio—Amendments.— When a person enters into a recognizance in conformity with the statute the writ of attachment becomes functus officio and the action is changed to a proceeding in personam, and the court may permit amendments in the same manner.</p> <p>3. Same—Interest Accruing During the Pendency of the Proceedings. —In attachment proceedings the recovery is limited to the amount stated in the affidavit, and the interest thereon' accruing during the pend-ency of the proceeding.</p> <p>4. Variances—In* Attachment Suits.—In attachment suits no advantage can be taken of a variance between the declaration and the affidavit in the amount of damages stated, except where the declaration counts upon a different cause of action from that stated in the affidavit.</p>

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

Debt on an Appeal Bond.—Trial in the Circuit Court of Cook County, on appeal from a justice of the peace; the Hon. Francis Adams, Judge, presiding. Finding and judgment for plaintiff for nominal damages. Appeal by plaintiff.

<p>Assumpsit, for services in procuring a tenant. Trial in the Circuit Court of Cook County, on appeal from a justice of the peace; the Hon. Francis Adams, Judge, presiding. Appeal dismissed for want of prosecution. Appeal to this court by defendant.</p>

Assumpsit, for wages, etc. Trial in the Superior Court of Cook County, on appeal from a justice of the peace; the Hon. William Gr. Ewing, Judge, presiding. Verdict and judgment for plaintiff. Appeal by defendant.

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>Trespass, for false imprisonment. Trial in the Superior Court of Cook County, the Hon. Arthur H. Chetlain, Judge, presiding. Verdict and judgment for plaintiff. Appeal by defendant.</p>

<p>Garnishment,—Appeal from the Circuit Court of Cook County; the Hon. Edwabd F. Dunne, Judge, presiding.</p>

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

<p>Appeal from the Circuit Court of Cook County; the Hon. Elbridge Hanecy, Judge, presiding.</p>

Assumpsit.—Trial in the Superior Court of Co.ok County, on appeal from a justice of the peace; the Hon. Philip Stein, Judge, presiding. Verdict and judgment for plaintiff. Appeal by defendant.

Assumpsit, for an alleged breach of agreement. Trial in the Superior Court of Cook County; the Hon. Philip Stein, Judge, presiding. Finding and judgment for plaintiff. Appeal by defendant.

<p>1. Voluntary Assignments—Authority of Assignee to Continue Business, etc.—The County Court, proceeding under the assignment act, derives its power solely from the statute, and no authority is there given to empower an assignee to continue the business of an insolvent debtor at great expense and to borrow money or create an indebtedness for that purpose. Any order of the County Court, authorizing such a course or providing that the assignee may issue certificates for such indebtedness, making the same a first lien upon any property or effects belonging to the insolvent’s estate which may come into the possession of the assignee, is invalid and in no wise affects the rights of parties holding prior liens.</p> <p>2. Samé—Personal Liability of the Assignee.—Under the assignment act the assignee is, in many respects, absolutely subject to the control and direction of the County Court, while in some respects he has common law powers and is subject to common law liabilities. What his position as to personal liability may be, depends upon the facts and circumstances of each particular case.</p> <p>3. Same—When the County Court Acquires Jurisdiction.—When an assignment is made and recorded, the County Court, in the character of an insolvent debtor’s court, by operation of law, at once acquires jurisdiction over and becomes possessed of all the property and estate embraced within the assignment. The assignee, the insolvent debtor, and all persons claiming an interest in or upon the fund, aré subject alike to the summary jurisdiction of that court.</p> <p>, 4. Same—Inability When the Assignee Has No Authority to Create the Debt.—A trustee is frequently held to be personally liable simply "because he had no authority to create a contract obligation on- the part of his principal.</p> <p>5. Same—Relation of Assignee and His Creditors.—The relations of an assignee continuing the business of an insolvent debtor, and the creditors, are those of trustee and cestui quo trust. Their rights, duties and obligations as to each other are those of, and are to be determined by the rules governing the relation of, trustee and cestui que trust.</p> <p>6. Same—Personal Liability of the Assignee in General.—A private trustee is bound personally by the contracts he makes as trustee, although describing himself as such, and nothing will discharge him but an express provision, showing clearly that both parties agreed to act upon the responsibility of the fund alone, or of some other responsibility exclusive of that of the trustee, or some other circumstance clearly indicating another party who is bound by the contract, and upon whose credit alone it is made.</p> <p>7. Same—What Will Not Discharge the Assignee.—The mere use by a promisor of the name of trustee, or of any other name of office or employment will not discharge him. Some person must be bound by the contract, and if he does not bind some other person he binds himself, and the official name is then only regarded as describing and designating him.</p> <p>8. Equitable Estoppel— Of a Claimant in Probate Proceedings.— Where a person files a. claim against the estate of an insolvent in proceedings under the voluntary assignment act and receives a dividend declared therein by the court, he will be estopped in equity from seeking to enforce a personal liability afterward by presenting a claim for the balance due on the claim against the estate of the person who acted as assignee.</p> <p>9. Same—Person Furnishing Merchandise to Assignee.—Where an assignee is continuing the business of his insolvent, at the special instance and request of persons afterward furnishing him goods for that purpose, and upon orders signed by him as such assignee, such persons are estopped from claiming.that such assignee is personally liable for the goods so ordered.</p>

<p>1. Voluntary Assignments—Personal Liability of the Assignee.— Under the order of the County Court an assignee continued this business of the assignor, and in doing so purchased goods from a third party, who presented his claim and received a dividend the same as other creditors. Held, that he was estopped by such action to hold the assignee or his estate personally liable for the balance of the purchase price of said goods.</p>

<p>Claim in Probate.—Trial in the Circuit Court of Cook County; the Hon. Area N. Waterman, Judge, presiding. Finding and judgment for claimant. Appeal by the administrator.</p>

<p>Bill to Restrain Proceedings at Law.—Trial in the Superior Court of Cook County; the Hon. Philip Stein, Judge, presiding. Decree dismissing the bill for want of equity. Error by complainant.</p>

Action for Damages.—Death from negligent act. Trial in the Circuit Court of Cook County; the Hon. Abner Smith, Judge, presiding. Verdict for defendant by direction of the court, - Appeal by plaintiff.

Trespass on the Case, for personal injuries. Trial in the Circuit .Court of Cook County; the Hon. Abner Smith, Judge, presiding. Verdict for defendant by direction of the court. Error by plaintiff.

<p>1. Pleas—Informal Conclusions.—Defects of form in pleading can only be taken advantage of where specifically pointed out and objected to on demurrer.</p>

<p>1. Usury—The Defense of, Must Be Stated in the Pleading.—The statute (Starr & C., Ch. 74, Sec. 7) requires that the defense of usury be claimed in the pleadings.</p> <p>3. Stock—Pledges by Delivery—Subsequent Levies.—A. pledge of stock by delivery of the same, with notice to the corporation, passes the title to the pledgee as against an execution subsequently levied upon it.</p> <p>3. Set-Off—Stock in a Homestead Loan Association.—A defendant in a foreclosure suit can not set off the value of stock in a homestead loan association, purchased by him of the mortgagee, when the transaction by which he acquired such stock has no connection whatever with the notes secured by the trust deed, and is consequently not a subject of set-off, unless there is some equitable circumstance which would make it so.</p>

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

<p>Assumpsit, for legal services. Trial in the Circuit Court of Cook County; the Hon. Charles.GK Neely, Judge, presiding. Finding and judgment for plaintiffs. Appeal by defendant.</p>

<p>1. Assignment of Errors—Must he Shown by the Abstract.—An' assignment of errors, if written on or’ attached to the record, as the rule requires, is part of the record, and under the rule must be abstracted.</p>

<p>1. Decrees—Upon Conflicting Evidence.—Where, upon a hearing on conflicting testimony, the chancellor who hears the testimony and sees the witnesses dismisses the bill for want of equity, the Appellate Court will not disturb the decree.</p>

<p>Covenant, on a written lease. Trial in the Superior Court of Cook County; the Hon. Theodore Brentano, Judge, presiding. Finding and judgment for defendant. Appeal by plaintiff.</p>

<p>1. Assignee—What the Lato Requires for His Protection.^-All that the law requires for the complete protection of the assignee is that the transfer to him shall have been made in good faith, and without any intent to hinder, delay or defraud creditors.</p> <p>2. Corporations—Directors are Trustees for the Creditors When Insolvent.—The directors of an insolvent corporation are trustees for the creditors of the corporation.</p> <p>3. Same—Directors, as Creditors of, When Insolvent—Preferences.— A director, being also a creditor of an insolvent corporation, can not lawfully procure or receive any advantage or preference in the payment of any claim he may have against the corporation at the expense of other creditors.</p> <p>4. Trustees—Not to Appropriate the Property for Their Own Benefit. —Trustees and persons standing in fiduciary relations are prohibited from exercising their powers or managing or appropriating the property of which they have control, for their own profit or emolument, or taking advantage of their situation to obtain any personal benefit to themselves at the expense of the cestui que trust.</p> <p>5. Same—The Rule Applied to Insolvent Corporations.—The basis of the rule is the duty which an insolvent corporation owes to its creditors, who can look only to the corporate assets for payment of the corporate debts.</p> <p>6. Assignment—Where the Good Faith of the Transfer Must he Shown.—If sufficient evidence be presented to cast suspicion upon the transfer by assignment, the good faith of the transaction must be shown.</p> <p>7. Same—Presumptions in Favor of the Transfer.—The assignee will in the first' instance be entitled to the benefit of all presumptions in his favor, but those presumptions may be overthrown by proof as in any other transaction.</p> <p>8. Same—When Fraudulent, Will Not Defeat an Attachment.—If the assignment be direct from the debtor, and made without consideration, or with a fraudulent intent known to the assignee, it can not be availed of to defeat an attachment.</p> <p>9. Attachment Act—Must he Liberally Construed.—The attachment act must be construed in all courts in the most liberal manner' for the detection of fraud.</p>

<p>1. Preferences—By Superior Diligence.—The law gives the creditor the advantage he may secure by his superior diligence, where he is guilty of no fraud or of unlawful confederation or collusion to evade the provisions of the statute.</p> <p>2. Same—Under the Assignment Act.—The statute is not intended to regulate the act of the creditor. He may, notwithstanding the statute, if he does not know that his debtor contemplates making an assignment, take a mortgage, or'other security for his debt, in good faith and enforce the same. And if he obtains a preference over the assignment by his own diligence, and without collusion with the debtor, the subsequent assignment will not affect his security.</p> <p>3. Mortgages—By Insolvents Prior to Assignments.—The question as to the operation of a chattel mortgage upon the stock in trade assigned, executed by the assignor prior to the assignment, can not be raised by the assignee or by simple contract creditors.</p> <p>4. Fraudulent Conveyances—Who May Impeach for Fraud.— Only such creditors as are armed with an execution, writ of attachment or other process of court, are regarded as creditors in the sense that they are authorized to impeach a conveyance or transfer of property by their debtors, for fraud, or question the validity of an equitable lien on personal property which is good as against such debtors themselves, and their heirs, executors, administrators and voluntary assignees.</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 defendant. ■ Appeal by plaintiff.

Assumpsit, for warehouse charges. Trial in the Circuit Court of Cook County; the Hon. Elbridge Hankcy, Judge, presiding. Verdict and judgment for defendant, on a plea of set-off. Appeal by plaintiff.

Judgment by Confession, upon a promissory note. Motion and leave given defendant to plead. Trial in the Circuit Court of Cook County; the Hon. Elbridge Hanecy, Judge, presiding. Verdict for plaintiff by' direction of the court and judgment. Appeal by defendant.

<p>1. Mandamus—Office of the Writ—Where it Lien.—The office of the writ of mandamus is, in general, to compel the performance of ministerial acts prescribed by law. It lies, however, also to subordinate judicial tribunals, to compel them to act where it is their duty to act, but never to require them to act in a particular manner.</p> <p>2. Same—Cara Compel a Decision, But Not in a Particular Way.— _ Where a subordinate body is vested with power to determine a question 'of fact, the duty is judicial, and although it can be compelled by mandamus to determine the fact, it can not be directed to decide it in a particular way, however "clearly it may be made to appear what the decision ought to be.</p>

<p>1. New Trials—On Newly-Discovered Evidence.—In order to obtain a new trial on the ground of newly-discovered evidence it must be conclusively shown to the court, not only that it has been discovered since the trial, but that it is material to the issues, and could not by the use of reasonable diligence have been produced at the trial.</p>

Trespass on the Case, for .personal injuries. Trial in the Circuit Court of Cook County; the Hon, Charles G, Neely, Judge, presiding. Verdict and judgmént for plaintiff. Appeal by defendant.

Trespass on the Case.—For injuries by a domestic animal. Trial in the Superior Court of Cook County; the Hon. Joseph E. Gary, Judge, presiding. Verdict and judgment for plaintiff. Appeal by defendant.

<p>1. Trusts—How Abandoned or Abrogated.—A. trust can not be abrogated or merged in a new trust arrangement except by the consent of all of the cestuis que trust-.</p>

<p>1. Appeals—From Interlocutory Orders.—It is not necessary, in an appeal from an interlocutory order appointing a receiver, that any action be taken by the court as to allowing the appeal or fixing the amount of the appeal bond.</p> <p>2. Judicial Notice—Notaries Public.—'Courts will take judicial notice of notaries public of the county in which they sit.</p>

<p>1. Questions of Pact—Finding of the Master, When Conclusive, etc. —Where a question of fact has been passed upon by the master in chancery, who sees the witnesses and hears them testify, and his finding has been approved by the chancellor, it will, as a general rule, be conclusive as to the questions passed upon,</p> <p>2. Appeals—Purely Statutory—Who May Not Complain,—Appeals are purely statutory, and no' one can, on appeal, complain of a decree from which he has not appealed.</p> <p>3. Creditor’s Bills—By One Stockholder to the Exclusion of Others. —One stockholder of a corporation may pursue his remedy by creditor’s bill without joining the other stockholders.</p>

Debt, on a foreign judgment. Trial in the Circuit Court of Cook County, on appeal from a justice of the peace; the Hon. John Gibbons, Judge, presiding. Finding and judgment for plaintiff. Appeal by defendant.

<p>1. Obligations—When Construed to be Penal Bonds.—If in the course of a chancery litigation the chancellor enters an order requiring a bond to be given, such bond will not be an independent undertaking and, if not' in form a penal bond, will be considered'so in a suit for its enforcement.</p> <p>3. Equity Practice—Power of the Chancellor to Control Proceedings.—The power always rests with the chancellor to control the proceedings in a case pending before him, and to control the parties thereto in all matters directly connected with and forming a part of such proceeding.</p>

<p>1. Equity Jurisdiction—Multiplicity of Suits.—A multiplicity of suits is not a ground of equity jurisdiction in this State, where the right is disputed between two persons only—not for themselves and all others in interest, but for themselves alone—and such right has not been established at law.</p> <p>2. Jurisdiction—Lam and Equity Courts.—Where a law court first takes cognizance of a suit, equity courts will not take jurisdiction, even if it is concurrent with the law court, unless there is some equitable circumstance in the case which the party can not avail himself of at law.</p>

<p>1. Equity Practice—Objections to a Master's Report.— Where a party files no objection before the master and no exceptions to his report, it will be too late to raise the same on appeal in the Appellate Court.</p> <p>3. Same—Questions of Fact Referred to a Master for His Determination.—Where matters of fact are referred to a master for his determination, it is the duty of the parties, when notified, to appear before him and there contest the matter, and if his findings are not, in their judgment, supported by the evidence, it is their duty to interpose their objections, so as to afford the master an opportunity to modify his report if it should happen to be wrong; and if, in such case, after hearing the objections, the master declines to modify or change his report, it is the duty of the objecting parties, after it has been filed in court, to appear there and file exceptions to it; and wlien this course has not been pursued, and no sufficient reason is assigned for not doing so, the report, when approved by the court, will be deemed conclusive upon the question covered by it.</p> <p>3. Equitable Assignments — Of Funds Raised by Special Assessments. —Where money, raised by special assessment and levied for the improvement of a street, is due to the contractors for making the improvement, the giving of orders on such money by such contractors operates as an equitable assignment of such funds for the amount mentioned in the orders to the payees in such orders.</p> <p>4. Special Assessment — For Local■ Improvements — Ordinance Making, Must Provide How It Is to Be Made.—When an ordinance of a city or village provides for the making of a local improvement, the ordinance must prescribe whether the same shall be made by a special assessment, or by special taxation of contiguous property, or general taxation, or both, and the improvement can not be made in any other than the prescribed mode. S. &C. Stat. Ch. 24, par. 118.</p> <p>5. Same—Contractors Have No Lien upon a City, etc.—All persons making contracts with a city or village and who agree to be paid from special assessments, have no claim or lien upon the city or village, except upon the special assessment fund collected for the work contracted for.</p> <p>6. Same—Construction of Orders Drawn on the Fund.—A direction in an order drawn on a special assessment, to “ charge the same to our account of West Lincoln Ave.,” is, in effect, a direction to issue a warrant, for the amount of the order, on the special assessment fund for the improvement of West Lincoln avenue.</p>

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

<p>Assumpsit, on a certificate in a benefit society. Trial in the Circuit Court of Cook County; the Hon. Francis Adams, Judge, presiding. Verdict and judgment for plaintiff. Appeal by defendant.</p>

<p>Assumpsit.—Appeal from the Circuit Court of Cook County; the Hon. Richard W. Clifford, Judge, presiding.</p>

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

<p>1. Trespass—When Quare Clausum Fregit, the Cist of the Action is the Injury to Possession—Measure of Damages.—In trespass quare clausum fregit, the gist or basis oí the action is the injury to the possession, either actual or constructive, and where the trespass is a continuing one, the value oí the use of the property while the trespass lasts is the proper measure of damage.</p> <p>2. Same—A Judgment in Ejectment Not a Necessary Basis for the Action—Possession.—A judgment in ejectment is not necessary as a basis for the action. The right of possession by the plaintiff, and not necessarily his title to ttie premises, is all that is needed tobe determined ■as a preliminary basis for this action.</p> <p>3. Mesne Profits—The Action of Trespass for.—An action in form trespass quare clausum fregit, is pr per for the recovery of mesne profits.</p> <p>4. Possession—Right Established by Judgment in Forcible Detainer. —Judgment in forcible detainer is sufficient to establish the plaintiff’s right to immediate possession at the time the judgment is entered, and the title to the premises is not involved.</p>

<p>Forcible Entry and Detainer.—Trial in the Superior Court of Cook County; the Hon. Arthur H. Chetlain, Judge, presiding. Verdict and judgment for plaintiff. Appeal by defendant.</p>

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

Replevin.—Trial in the Circuit Court of Cook Comity, on appeal from a justice of the peace; the Hon. Frank Baker, Judge, presiding. Finding and judgment for defendant. Appeal by plaintiff.

<p>1. Corporations—Power of the Vice-President. —As a general rule, in the absence of the president of a corporation, or where a vacancy occurs in that office, the vice-president may act in his stead and perform the duties which devolve upon him.</p> <p>3. Same—Power to Execute a Voluntary Assignment.—The execution of a voluntary assignment by the vice-president, under the circumstances of this case, the president being absent, and an emergency existing, is no less effectual than if done by the president, if within the scope of his authority.</p> <p>3. Same—Power of the President to Dispose of the Property—Voluntary Assignment.—The president of a corporation having power to dispose of its property in the ordinary course of business, has not the power tó make a valid assignment of its assets for the benefit of creditors without express or implied authority conferred by the directors.</p> <p>4. Same-—Deeds, Regular and Properly Executed, Prima Facie' Evidence—Burden of Proof .—The execution of a deed Of assignment, regular on its face, by a properly constituted officer, is prima facie evidence that it was authorized by the corporation, and the burden of proving the contrary rests upon the parties objecting.</p> <p>. 5. Same—Power to Make Assignments for the Benefit of Creditors,— Under no theory of the implied or ex officio powers of the president of a corporation, can he assign, mortgage, or otherwise dispose of its prop-' erty for the payment of its debts, since 'this is, not a disposition of it in the ordinary course of its business. But this power may be conferred by the directors expressly or by implication.</p> <p>6. Same—General Powers of the President.—The president being the head of a corporation aggregate, unless prohibited by its charter or restricted by its by-laws, acts for the body, and through him they execute their contracts and agreements; and when his name appears to an instrument purporting to bind the company, the law will presume it is executed by sufficient authority from the body:</p> <p>7. Deeds—When Prima Facie Evidence of Execution.— When an instrument is duly executed by one having authority, it is prima facie evidence that the seal he attaches is the seal of the corporation until it is impeached or shown to be otherwise.</p> <p>8. Voluntary Assignments—Presumptions as to Its Execution.— Where it does not appeal- that the assignment was made without sufficient authority, in the absence of such proof the authority will be presumed.</p>

Assumpsit, for merchandise sold and delivered. Trial in the Superior Court of Cook County; the Hon. Theodore Brbntano, Judge, presiding. Verdict and judgment for plaintiff. Appeal by defendant.