82 Ill. App.

Volume 82 — Illinois Appellate Court Reports

124 opinions

82 Ill. App. 17Dyer v. Brown (1899)Affirmed
Foreclosure, of an equitable lien. Trial in the Circuit Court of Moultrie County; the Hon. William; G. Cochrax, Judge, presiding. Decree for complainant; appeal by complainant. Heard in this court at the November term, 1898. Rehearing denied.
82 Ill. App. 20Florville v. Stieren (1899)Affirmed
Assumpsit, on a promissory note. Trial in the County Court of Sangamon. County; the Hon, Charles P. Kane, Judge, presiding. Verdict and judgment for plaintiff; appeal by defendant. Heard in this court at the November term, 1898. Rehearing denied.
82 Ill. App. 22Pollard v. Donovan (1899)Affirmed
Assumpsit, on a promissory note. Trial in the Circuit Court of Vermilion County; the Hon. Ferdinand Bookw alter, Judge, presiding. Verdict and judgment for plaintiff; appeal by defendant. Heard in this court at the November term, 1898. Rehearing denied.
82 Ill. App. 24City of Streator v. Chrisman (1899)Affirmed
Action in Case, for personal injuries. Trial in the Circuit Court of LaSalle County; the Hon. Charles Blanchard, Judge, presiding. Verdict and judgment for plaintiff; appeal by defendant. Heard in this court at the November term, 1898.
82 Ill. App. 29Tompson v. Wilson (1899)Reversed and remanded
1. Legacies—When Deemed in Satisfaction of a Debt.—Whei'e a legacy is given to a creditor, it is deemed a satisfaction of the debt in cases where it is equal to or greater in amount than the debt, of the same nature, certain, and not contingent, and if there appear to be no particular motive for the gift.
82 Ill. App. 33Chicago & Alton Railroad v. Pettigrew (1898)Reversed and remanded
Action in Case, for personal injuries. Trial in the Circuit Court of McLean County; the Hon. John H. Moffet, Judge, presiding. Verdict and judgment for plaintiff. Appeal by defendant. Heard in this court at the November term, 1898. Rehearing denied.
82 Ill. App. 39Liquid Carbonic Acid Manufacturing Co. v. Convert (1899)Affirmed
jlalicious Prosecution.—Trial in the Circuit Court of Cook County; the Hon. Frank Baker, Judge, presiding. Judgments for the defendants on demurrer. Appeal by plaintiff. Heard in the Branch Appellate Court at the October term, 1898.
82 Ill. App. 45Illinois Steel Co. v. Richter (1899)Reversed and remanded
Trespass Oil the Case, for personal injuries. Trial in the Circuit Court of Cook County; the Hon. Charles G. Neely, Judge, presiding. Verdict and judgment for plaintiff; appeal by defendant. Heard in this court at the. October term, 1898.
82 Ill. App. 52Marshall v. Eggleston (1899)Reversed and remanded
Trespass.—Trial in the Circuit Court of Cook County; the Hon, Elbeidge Hanecy, Judge, presiding. Finding and judgment for defendants; appeal by plaintiff. Heard in this court at the October term, 1898.
82 Ill. App. 56Berlin Machine Works v. Keenan Bros. Mfg. Co. (1899)Remittitur, ordered filed April 30, 1899, and cause affirmed
Assumpsit.—Breach of contract. Trial in the. Circuit Court of Cook County; the Hon. Elbridge Hanecy, Judge, presiding. Verdict and judgment for plaintiff; appeal by defendant. Heard in this court at the October term, 1898.
82 Ill. App. 60Hinkley v. Reed (1899)Reversed and remanded with directions
Creditor’s Bill.—Trial in the Circuit Court of Cook County: the Hon. Richard S. Tuthill, Judge, presiding. Bill dismissed for want of equity; appeal by complainants. Heard in this court at the October term, 1898.
82 Ill. App. 71Dillaway v. Northwestern National Bank (1899)Affirmed
Assnmpsit, on a certified check. Trial in the Circuit Court of Cook County ; the Hon. Elbkidge Hanecy, Judge, presiding. Finding and judgment for defendant; appeal by plaintiff. Heard in this court at the October term 1898.
82 Ill. App. 76Marsh v. French (1899)Affirmed
Assumpsit, to recover an account paid by reason of having indorsed a draft at the request, etc. Appeal from the Circuit Court of Cook County; the Hon. O. A. Bishop, Judge, presiding. Verdict and judgment for plaintiff; appeal by defendant. Heard in this court at the October term, 1898.
82 Ill. App. 83Hyde v. Casey-Grimshaw Marble Co. ex rel. Sherburne (1899)Reversed
Attachment and Garnishment Proceedings.—Appeal from the Superior Court of Cook County; the Hon. John Baeton Payne, Judge presiding. Heard in this court at the October term, 1898.
82 Ill. App. 85Reddick v. People ex rel. Mason (1899)Reversed
Mandamus.—Trial in the Circuit Court of Cook County; the Hon, Richard W. Clifford, Judge, presiding. Judgment for relators on demurrer; appeal by respondents. Heard in this court at the October term, 1898.
82 Ill. App. 93Bonner v. Ames (1899)Reversed and remanded
Debt, on an appeal bond. Trial in the Circuit Court of Cook County; the Hon. Richard S. Tuthill, Judge, presiding. Verdict and judgment for plaintiff; appeal by defendants. Heard in this court at the October term, 1898.
82 Ill. App. 94World's Columbian Exposition v. Pasteur-Chamberland Filter Co. (1899)Affirmed
1. Damages—Loss of Profits from Advertising.—Evidence of witnesses qualified by special experience and knowledge, to give their opinions as to the value of advertising spaces, is competent in view of the uncertainties of such a case. 2. Measure of Damages—Matters Having no Market Vcdue.—ln suits involving matters having no general market value, the measure of damages to be recovered is the value as shown by persons whose skill and experience enabled them to testify to such values. 3. Revocation—Not Allowable After Approval.—Where, under a contract, a party is to be permitted to place signs at drinking stations advertising a water filter, the general appearance and character of such signs being subject to the approval of the party of the first part, such party, after having approved the same, can not revoke his approval.
82 Ill. App. 103Wallen v. North Chicago St. R. R. (1899)Reversed and remanded
Trespass on the Case, for personal injuries. Trial in the Circuit Court of Cook County; the Hon. Elbridge Hanecy, Judge, presiding. Verdict for defendant by direction of the court; appeal by plaintiff. Heard in this court at the October term, 1898.
82 Ill. App. 108Swift & Co. v. Rutkowski (1899)Affirmed
Trespass on the Cáse, for personal injuries. Trial in the Superior Court of Cook County; the Hon. George A. Trude, Judge, presiding. Verdict and judgment for plaintiff. Appeal by defendant. Heard in this court at the October term, 1898.
82 Ill. App. 116Barron ex rel. Poague v. Burke (1899)Reversed and remanded
Assumpsit, for commissions. Trial in the Circuit Court of Cook County; the Hon. Abner Smith, Judge, presiding. Verdict and judgment for defendant. Appeal by plaintiff. Heard in this court at the October term, 1898.
82 Ill. App. 125Gerson v. DeTurck (1899)Affirmed
Interlocutory Order Appointing a Receiver.—Appeal from the Superior Court of Cook County; the Hon. Farlin Q. Ball, Judge, presiding. Heard in this court at the October term, 1898.
82 Ill. App. 128North Chicago St. R. R. v. Allen (1899)Affirmed
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. Heard in this court at the October term, 1898.
82 Ill. App. 139Slingo v. Steele-Wedeles Co. (1899)Reversed and remanded
Trespass, de bonis asportatis. Trial in the Circuit Court of Cook County; the Hon. Richard S. Tuthill, Judge, presiding. Verdict and judgment for defendants by direction of the court; appeal by plaintiff. Heard in the Branch Appellate Court at the March term, 1899.
82 Ill. App. 145Smith v. Wallace (1899)Affirmed
I. Garnishment—Unascertained Indebtedness—Breach of Contract. —The fact that a person is guilty of a breach of contract does not necessarily render him liable to garnishee process; damages must be ascertained and fixed by a judgment or otherwise, before an indebtedness exists sufficient to render such person liable to this process.
82 Ill. App. 146North Chicago St. R. R. v. Irwin (1899)Reversed and remanded
1. Negligence—Street Car Companies Running North-Bound Cars upon South-Bound Traahs._—An instruction by which the jury are told that they may find a street car company, running a car northwardly on a track generally used for south-bound traffic, guilty of negligence, is erroneous. ■
82 Ill. App. 149Peshtigo Co. v. Merchants & Shippers' Agency (1899)Affirmed
Assumpsit, io ¡recover compensation, under a verbal agreement. Trial in the Superior Court of Cook County; the Hon. Abner Smith, Judge, presiding. Verdict and judgment for plaintiff; appeal by defendant. Heard in the Branch Appellate Court at the March term, 1899.
82 Ill. App. 151Evans v. Gould (1899)Affirmed
Assumpsit, on a contract of hiring. Trial in the County Court of Cook County; the Hon. Albert O. Marshall, Judge, presiding. Finding and judgment for plaintiff; appeal by defendants. Heard in the Branch Appellate Court at the March term, 1899.
82 Ill. App. 153Wheeler v. Foster (1899)Reversed and remanded with directions
Foreclosure of Trust Deed.—Trial in the Circuit Court of Coolr County; the Hon. Edward F. Dunne, Judge, presiding. Hearing and decree for complainant; appeal by defendant. Heard-in the Branch Appellate Court at the March term, 1899.
82 Ill. App. 157Julin v. Bauer (1899)Reversed and remanded
1. Contracts—Of Extension—Essentials.—In order that both parties should be bound by a contract of extension it is essential that some consideration should appear. Unless the debtor is bound to retain the money for a given time, and to pay the interest for that time, whether he retains the money for the time or not, such contract lacks consideration, and is not binding upon either-party. 2. Same—Void Under the Statute of Frauds.—To render a parol contract void under the statute of frauds, it must be the apparent understanding of the parties that it was not to be performed within a year from the time it was made.
82 Ill. App. 163Board v. O'Donovan (1899)Affirmed
Assumpsit, on a guaranty. Trial in the Superior Court of Cook County; the Hon. Philip Stein, Judge, presiding. Verdict and judgment for pin intiff; appeal by defendant. Heard in the Branch Appellate Court at tiie March term, 1899.
82 Ill. App. 166Allmendinger v. Malcom McDonald Lumber Co. (1899)Affirmed
Assumpsit, for merchandise sold, etc. Trial in the Superior Court of Cook Comity; the Hon. John Barton Payne, Judge, presiding. Verdict and judgment for plaintiff; appeal by defendants. Heard in the Branch Appellate Court at the March term, 1899.
82 Ill. App. 168Chicago General Ry. Co. v. Capek ex rel. Roeder (1899)Reversed and remanded
Action 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. Heard in the Bi-anch Appellate Court at the March term, 1899.
82 Ill. App. 172North Chicago Electric Ry. Co. v. Moosman (1899)Reversed and remanded
Trespass on the Case, for personal injuries. Trial in the Superior Court of Cook County; the Hon. Theodore Brentano, Judge, presiding. Yerdict and judgment for plaintiff; appeal by defendant. Heard in the Branch Appellate Court at the March term, 1899.
82 Ill. App. 178Sigmund v. Newspaper Co. (1899)Reversed and remanded
Action for Rent, on a sealed lease. Trial in the Circuit Court of Cook County; the Hon. Richard S. Tuthill, Judge, presiding. Finding and judgment for plaintiff; appeal by defendants. Heard in the Branch Appellate Court at the March term, 1899.
82 Ill. App. 185West Chicago St. R. R. v. Marks (1899)Affirmed
' Action for Personal Injuries.—Trial in the Superior Court of Copk County; the Hon. Philip Stein, Judge, presiding. Verdict and judgment for plaintiff; appeal by defendant. Heal’d in this court at the March term, 1899.
82 Ill. App. 185Garrity v. Geo. A. Fuller Co. (1899)Reversed and remanded
Action for Personal Injuries.—Appeal from the Superior Court of Cook County; the Hon. John Barton Payne, Judge, presiding. Verdict and judgment for defendant by direction of the court. Appeal by plaintiff. Heard in this court at the March term, 1898.
82 Ill. App. 192Ditto v. Pease (1899)Reversed and remanded
Replevin.—Appeal from the Superior Court of Cook County; the Hon. Farlin Q. Ball, Judge, presiding. Finding and judgment for defendant; appeal by plaintiff. Heard in the Branch Appellate Court at the March term, 1899.
82 Ill. App. 197Lehman v. Bagley (1899)Affirmed
Action for Personal Injuries.—Trial in the Circuit Court of Cook County; tire Hon. Elbkidge Hanecy, Judge, presiding. Verdict and judgment for defendant by direction of the court; error by plaintiff. Heard in this court at the October term, 1898.
82 Ill. App. 202West Chicago St. R. R. v. Levy (1899)Affirmed
Action fox* Pex’sonal Injuries,—Trial in the Circuit Court of Cook County; the Hon. Frank Baker, Judge, presiding. Verdict and judgment for plaintiff; appeal by defendant. Heard in the Branch Appellate Court at the March term, 1899.
82 Ill. App. 214Railway Passenger & Freight Conductors' Mutual Aid & Benefit Ass'n v. Leonard (1899)Reversed
Bill to Compel a Beneficiary Association to Levy an Assessment. —Trial in the Superior Court of Cook County; the Hon. John Barton Payne, Judge, presiding. Hearing and decree for'complainant; appeal by defendant. Heard in the Branch Appellate Court at the March term, 1899.
82 Ill. App. 223Dorn v. Ward (1899)Reversed and remanded
Foreclosure.—Trial in the Circuit Court of Cook County; the Hon. Edmund W. Burke, Judge, presiding. Hearing and deeree for complainant; appeal by defendant. Heard in the Branch Appellate Court at the March term, 1899.
82 Ill. App. 226Katzmann v. Mosler Safe Co. (1899)Affirmed
Assumpsit.—Trial in the Circuit Court of Cook Comity, on appeal from a justice of the peace; the Hon. George W. Brown, Judge, presiding. Suit dismissed on call, for want of prosecution; appeal by plaintiff. Heard in the Branch Appellate Court at the March term, 1899.
82 Ill. App. 228Beckman v. Menge (1899)Reversed and remanded with directions
Petition, for a discharge under the “ act concerning insolvent debtors.” Trial in the County Court of Cook County; the Hon. Orín N. Carter, Judge, presiding. Order for discharge entered; appeal by respondent. Heard in this court at the March term, 1899.
82 Ill. App. 231Case v. Phillips (1899)Affirmed
Creditor’s Bill.—Trial in the Circuit Court of Cook County; the Hon. Edward F. Dunne, Judge, presiding. Hearing and decree for defendants; appeal by complainants. Heard in the Branch Appellate Court at the March term, 1899.
82 Ill. App. 234Hirsch v. Chicago Carpet Co. (1899)Affirmed
Assumpsit, on a contract of guaranty. Trial in the Superior Court of Cook County; the Hon. Jonas Hutchinson, Judge, presiding. Verdict and judgment for plaintifE; appeal by defendant. Heard in the Branch Appellate Court at the March term, 1899.
82 Ill. App. 238North Chicago St. R. R. v. Lehman (1899)Reversed and remanded
Action for Personal Injuries.—Trial in the Circuit Court of Cook County; the Hon. Charles G. Neely, Judge, presiding. Verdict and judgment for plaintiff; appeal by defendant. Heard in the Branch Appellate Court, at the March term, 1899.
82 Ill. App. 241Chicago City Ry. Co. v. Peacock (1899)Reversed and remanded
Action for Personal Injuries'.—Trial in the Superior Court of Cook County; the Hon. Joseph E. Gary, Judge, presiding. Verdict and judgment for plaintiff; appeal by defendant. Heard in the Branch Appel: late Court at the March term, 1899.
82 Ill. App. 244Chott v. Tivoli Amusement Co. ex rel. Thurston (1899)Reversed and remanded
Garnishment.—Trial in the Circuit Court of Cook County; the Hon. Henry B. Willis, Judge, presiding. Verdict and judgment for garnishor. Appeal by garnishee. Heard in this court at the March term, 1898.
82 Ill. App. 251Dickinson v. Boyd (1899)Reversed and remanded
Assumpsit, on the common counts. Trial in the County Court of Cook County; the Hon. H. R. S. Wheatley, Judge, presiding. Binding and judgment for plaintiff; appeal by defendant. Heard in the Branch Appellate Court at the March term, 1899. Rehearing denied.
82 Ill. App. 254French v. Commercial National Bank (1899)Affirmed
Contempt Proceedings.—Creditor's bill. Trial in the Superior Court of Cook County; the Hon. Farlin Q. Ball, Judge, presiding. Order of restraint, etc., entered; appeal. Heard in this court at the March term, 1899.
82 Ill. App. 256Brieske v. North Chicago St. Ry. Co. (1899)Affirmed
1. Specific Performance—When the Consideration is Illegal.— The signatures of abutting property owners to a petition to a city council, charged with a public trust, for the laying of railroad tracks in a public street by a corporation, charged with a public duty, can not be lawfully purchased, and a consideration moving to the exclusive benefit of such owners for their signatures to such a petition and their consent to such a grant and an agreement based thereon, being opposed to public policy, will not be enforced by the courts. 3. Same—When Against Public Policy.—Public policy will not permit a party to enforce a promise which he has obtained by an illegal act, although he may have connected with such act another which is legal. 3. Contracts—Part of the Consideration Void.—As a general rule if any part of an entire consideration for a promise, or any part of an entire promise be illegal, whether by statute or at common law,.the whole contract is void. 4. Same—Consideration Illegal in Part.—A. contract illegal in part and legal as to the residue is void as to all when the parts can not be separated; when they can be the good will stand and the rest fall. One entire consideration can not within this rule be separated, though composed of distinct items, some of which are legal and others illegal. 5. Same—Consideration Void in Part.-—If pai’t of a consideration be merely void the contract may be supported by the residue of the consideration, if goodjpe?’ se, but if any part of a consideration be illegal it vitiates the whole.
82 Ill. App. 261Boisot v. Chandler (1899)Reversed and remanded
Foreclosure, of a trust deed. .Trial in the Circuit Court of Cook County; the Hon. Edmund W. Burke, Judge, presiding. Decree for complainant; appeal by defendant. Heard in the Branch Appellate Court at the October term, 1898.
82 Ill. App. 265Phenix Insurance v. Belt Railway Co. (1899)Affirmed
Assumpsit, on a policy of insurance. Trial in the Superior Court of Cook County; the Hon. Theodore Brentano, Judge, presiding. Verdict and judgment for plaintiff; appeal by defendant. Heard in this court at the October term, 1898.
82 Ill. App. 272Stockton v. Fortune (1899)Reversed and remanded with directions
Foreclosure, of trust deeds. Trial in the Circuit Court of Cook County; the Hon. Edward F. Dunnk, Judge, presiding. Hearing and decree for defendant; appeal by complainants. Heard in this court at the October term, 1898.
82 Ill. App. 285Smith v. Preston (1899)Keversed and remanded
Assumpsit, for breach of written contract. Trial in the Superior Court of Cook County, the Hon. Samuel C. Stough, Judge, presiding. Judgment for defendant; appeal by plaintiff. Heard in this court at the October term, 1898.
82 Ill. App. 297Bartling v. Thielman (1899)Original opinion adhered to
1. Rehearing—Sufficient Cause for.—The fact that the assignment of errors as contained in the abstract of the record, differs materially from the assignment of errors upon the record is a sufficient cause for a rehearing where the attention of the court is not called to it upon the original hearing of the case.
82 Ill. App. 298Seaverns v. Lischinski (1899)Affirmed
Action in Case, for personal injuries. Trial in the Superior Court of Cook County: the Hon. Eaelin Q. Ball, Judge, presiding. 'Verdict and judgment for plaintiff; appeal by defendant. Heard in the Branch Appellate Court at the October term, 1898.
82 Ill. App. 305Chicago City Ry. Co. v. Smith (1899)Allowed and appeal dismissed
Motion, to strike from the files the bill of exceptions contained in the supplemental transcript. Heard in the Branch Appellate Court at the October term, 1898.
82 Ill. App. 307Robinson v. Holmes (1899)Reversed and remanded
Assumpsit, on the common counts. Trial in the Circuit Court of Cook County; the Hon. Edward F. Dunne, Judge, presiding. Verdict and judgment for plaintiff. Appeal by defendant. Heard in the Branch Appellate Court at the October term, 1898.
82 Ill. App. 309Przckwas v. Illinois Steel Co. (1899)Affirmed
Action in Case, for personal injuries. Trial in the Circuit Court of Cook County; the Hon. Elbiudge Hanecy, Judge, presiding. Verdict and judgment for defendant by direction of the court; appeal by plaintiff. Heard in this court at the October term, 1898.
82 Ill. App. 311Hope v. West Chicago St. R. R. (1899)Reversed and remanded
Action in Case, for personal injuries. Trial in the Circuit Court of Cook County; the Hon. Blbridge Hanecy, Judge, presiding. Verdict and judgment for defendant; appeal by plaintiff. Heai-d in this court at the October term, 1898.
82 Ill. App. 318French v. Genoa Junction Ice Co. (1899)Dismissed
Appeal, from an order of the Circuit Court of Cook County; the Hon. Edward F. Dunne, Judge, presiding. Heard in the Branch Appellate Court at the October term, 1898.
82 Ill. App. 321Swing v. Blakely Printing Co. (1899)Affirmed
Assumpsit, on an assessment, etc. Trial in the Superior Court of Cook County; the Hon. Farlin Q. Ball, Judge, presiding. Verdict and judgment for defendant; appeal by plaintiff. Heard in the Branch Appellate Court at the October term, 1898.
82 Ill. App. 323Pease v. People ex rel. Perll (1899)Reversed
Habeas Corpus.—Trial in the Circuit Court of Cook County; the Hon. John Gibbons, Judge, presiding. Petitioner discharged and judgment against respondent for costs; appeal by respondent. Heard in this court at the October term, 1898.
82 Ill. App. 327Columbia Hardwood Lumber Co. v. Brandenberger (1899)Reversed and remanded
1. Liens—Sheriff and Assignee.—Where a sheriff seizes goods on an execution, the execution debtor afterward makes an assignment and the sheriff transfers the goods seized to the assignee, subject to the lien and rights acquired by levy of the execution, the execution creditor is not deprived of any of his legal rights. 2. Assignees—Liability for Unlawfully Disposing of Goods.—If an assignee sells the assets and uses the proceeds unlawfully, a creditor to whom he has paid the proceeds of such sale can not be held to account for them to other creditors. 3. Preferences—Right Purely Statutory.—The right to preference under See. 6, Chap. 10a, R. S. is purely statutory, and strict compliance is necessary to its enforcement; the claim for such preferences must be presented within ten days after seizure on execution whether an assignment follows or not.
82 Ill. App. 334Rasmussen v. Smith (1899)Reversed and remanded with directions
1. Practice—Vacation—Judgments by Confession.—Where matters arise in an application to vacate, a judgment by confession, proper to be submitted to a jury, further procéedings under the judgment should be stayed and the matters accordingly submitted.
82 Ill. App. 337Spingold v. Tigner (1899)Affirmed
Action ill Case, for maliciously swearing out a search warrant. Trial in the Superior Court of Cook County; the Hon. John Barton Payne, Judge, presiding. Verdict and judgment for plaintiff; appeal by defendant. Heard in the Branch Appellate Court at the October term, 1898.
82 Ill. App. 340Kronkrite v. McGrath (1899)Affirmed
1. Appellate Court Practice—06/ecf7ons Must First he Made in the Court Below.—Questions relating to the amount of attorney fees in a foreclosure proceeding must be presented to the. master or to the chancellor; they can not be raised for the first time in this court.
82 Ill. App. 341Rand, McNally & Co. v. Hornbarger (1899)Reversed and remanded
Assumpsit. Consolidated common counts. Trial in the Superior Court of Cook County; the Hon. John Barton Payne, Judge, presiding. Verdict and judgment for defendant; appeal by plaintiff. Heard in this court at the March term, 1899. Rehearing denied.
82 Ill. App. 343Steere v. Stewart (1899)Affirmed
Assumpsit, for physician’s services. Trial in the Superior Court of Cook County; the Hon. Jonas Hutchinson, Judge, presiding. Verdict and judgment for plaintiff; appeal by defendant. Heard in this court at the October term, 1898.
82 Ill. App. 344Lake Street Elevated R. v. Carmichael (1899)Affirmed
Assumpsit, on a guaranty. Trial in the Superior Court of Cook County; the Hon. John Barton Payne. Judge, presiding. Verdict and judgment for plaintiff by direction of the court; appeal by defendant. Heard in the Branch Appellate Court at the October term, 1898.
82 Ill. App. 351Polish Roman Catholic Union v. Warczak (1899)Affirmed
Assumpsit, on a beneficiary certificate. Trial in the Superior Court of Cook County; the Hon. Joseph E. Gary, Judge, presiding. Verdict and judgment for plaintiff; appeal by defendant. Heard in this court at theUctober term, 1898.
82 Ill. App. 361Herman Berghoff Brewing Co. v. Przbylski (1899)Reversed and remanded
Action in 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 defendants. Heard in the Branch Appellate Court at the March term, 1899.
82 Ill. App. 375Thorsell v. Chicago City Ry. Co. (1899)Affirmed
Action in Case, for personal injuries. Trial in the Circuit Court of Cook County; the Hon. Thomas G. Windes, Judge, presiding. Verdict for defendant by direction of the court; error by plaintiff. Heard in the Branch Appellate Court at the October term, 1898.
82 Ill. App. 378Dewitz v. Shoeneman (1899)Affirmed
Trover, for fixtures, etc. Trial in the Superior Court of Cook County; the Hon. Theodore Brentano, Judge, presiding. Finding and judgment for defendant; appeal by plaintiff. Heard in tbe Branch Appellate Court at the March term, 1899.
82 Ill. App. 380Brady v. Washington Insurance (1899)Affirmed
Assumpsit.—Trial in the Superior Court of Cook County, on appeal from a justice of the peace; the Hon. Joseph E. Gary, Judge, presiding. Appeal from the justice dismissed; appeal to this court by defendant. Heard in this court at the October term, 1898.
82 Ill. App. 384Stumer v. Wilson (1899)Affirmed
Assumpsit, for wages. Trial in the Circuit Court of Cook County; the Hon. Charles A. Bishop, Judge, presiding. Verdict and judgment for plaintiff; appeal by defendant. Heard in this court at the October term, 1898.
82 Ill. App. 386Masterson v. Furman (1899)Affirmed
Action in Case, for false imprisonment. Trial in the Circuit Court of Cook County: the Hon. John Gibbons, Judge, presiding. Verdict and judgment for plaintiff; appeal by defendant. Heard in this court at the October term, 1898.
82 Ill. App. 388Delbridge v. Lake, H. P. & C. B. & L. Ass'n (1899)Reversed and remanded
Debt, on a secretary’s bond. Trial in the Circuit Court of Cook County; the Hon. Richard W. Clifford, Judge, presiding. Judgment for plaintiff' on referee’s report; appeal by defendant. Heard in this court at the October term, 1898.
82 Ill. App. 396Rowersock v. Beers (1899)Affirmed
Trover.—Trial in the Circuit Court of Cook County: the Hon. Richard W. Clifford, Judge, presiding. Verdict and judgmentfor plaintiff; appeal by defendant. Heard in this court at the October term, 1898.
82 Ill. App. 402Bartlett v. Plows & Co. (1899)Affirmed
1. Injunctions—Assessment of Damages on Dissolution—Matter Foreign to an Appeal Not to be Considered.—Matters wholly foreign to an appeal from an order or decree of the court assessing damages by reason of the issuance of an injunction can not be considered by this court.
82 Ill. App. 404West Chicago St. R. R. v. Huhnke (1899)Reversed and remanded
Action in 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. Heard in this court at the October term 1898.
82 Ill. App. 407Chicago General Ry. Co. v. Chicago, B. & Q. R. R. (1899)Dismissed
In Equity.—Bill for relief. Appeal from the Superior Court of Cook County; the Hon. Faelin Q. Ball, Judge, presiding. Decree dismissing the bill. Heard in this court at the October term, 1898.
82 Ill. App. 408Eureka Elastic Paint Co. v. Pease (1899)Affirmed
1. Appellate ^oubt Practice—TP/iai the Abstract Must Show.— Whatever is relied upon as error should be shown in the abstraot.
82 Ill. App. 410Morrill v. Manhattan Life Ins. (1899)Affirmed
1. Interpleader—Requisites of the Remedy.—The equitable remedy of interpleader depends upon and requires the existence of the four following elements : First, the same thing, debt or duty, must be claimed by both or all the parties against whom the relief is sought. Second, all the adverse titles or claims must be dependent on or be derived from a common source. Third, the person asking the relief must not have, nor claim, any interest in the subject-matter. Fourth, he must have incurred no independent liability to either of the claimants; that is, he must stand perfectly indifferent between them, in the position of a mere stakeholder. 2. Same—Office of Complainant.—In an interpleader suit, the complainant’s office is widely different from that of a complainant in an ordinary suit in equity, seeking to avoid a liability, or to enforce some right against the defendant. He comes into court with the money in his hand to discharge an acknowledged debt, which he is prevented, by conflicting claims, from paying to either of the claimants with safety to himself. His duty is at an end when he has brought the rival claimants to interplead by filing them answers and putting the suit at issue.
82 Ill. App. 418Carey v. Rauguth (1899)Affirmed
1. Presumptions—In Favor of Sustaining Decrees.—The Appellate Court will sustain a decree unless it is manifestly against the evidence, and especially so where the chancellor has heard all the witnesses whose testimony relates to the points in controversy. 2. Same—From the. Possession of Trust Deeds.—Possession of a trust deed at the office, by the vice-president of a loan company and trustee named in the trust deed executed to secure a loan from the company, is sufficient to satisfy the grantor in paying it and taking a release from such vice-president and trustee. 3. Record—Right to Rely Upon.—Where a trust deed toa loan company is payable at any time, at the option of the maker, a purchaser of the premises without notice has a right to rely upon the record of a release made before the maturity of the trust deed and after the appointment of a receiver for the company. 4. Abstract op Record—Right to Rely Upon.—A person having an-abstract of a real estate title is not hound to go to the records where they are not different from the abstract.
82 Ill. App. 426Strong v. International B., L. & I. Union (1899)Affirmed
Claim for Attorney’s Services.—Heard on petition in the Superior Court of Cook County; petition dismissed; appeal by petitioner. Appeal heard in this court at the October term, 1898.
82 Ill. App. 432McAnson v. Martin (1899)Affirmed
Appeal, by a receiver from an order denying him compensation and attorney fees out of the receivership fund of the Superior Court of Cook County; the Hon. John Barton Payne, Judge, presiding. Heard in tliis court at the October term, 1898.
82 Ill. App. 435Brueggestradt v. Ludwig (1899)Affirmed in part and reversed in part with directions
Bill of Foreclosure.—Appeal from a decree of the Superior Court of Cook County; the Hon. Theodore Brentxno, Judge, presiding. Heard in this court at the October term, 1898.
82 Ill. App. 453Chicago & G. T. Ry. Co. v. Hoffman (1899)Reversed
Action in Case.—Death from negligent act. Trial in the Superior Court of Cook County; the Hon. Samuel C. Stough. Judge, presiding. Verdict' and judgment for plaintiff; appeal by defendant. Heard in this court at the October term, 1898.
82 Ill. App. 466Smith v. Lamson Bros. & Co. (1899)Affirmed
Attachment and Garnishee Process.—Appeal from the Circuit Court of Cook County; the Hon. Richard S. Tuthill, Judge, presiding. Judgment against interpleaders on demurrer; appeal by interpleaders. Heard in this court at the October term, 1898.
82 Ill. App. 469Goldzier v. Poole (1899)Reversed and remanded
Action in Case, for negligence in the management of suits. Trial in the Superior Court of Cook County; the Hon. Philip Stein, Judge, presiding. Verdict and judgment for plaintiff; appeal by defendant. Heard in this court at the October term 1898.
82 Ill. App. 473Schaefer v. North Chicago St. R. R. (1899)Reversed and remanded
Assault and Battery.—Trial in the Circuit Court of Cook County; the Hon. Charles G-. Neely, Judge, presiding. Verdict and judgment for defendant; appeal by plaintiff. Heard in this court at the October term, 1898.
82 Ill. App. 476Standard Oil Co. v. Estate of Holmes (1899)Reversed and remanded with directions
Claim in Probate.—Trial in the Circuit Court of Cook County; the Hon. George W. Brown, Judge, presiding. Finding and judgment for defendant; appeal by claimant. Heal’d in this court at the October term, 1898.
82 Ill. App. 484Hide & Leather National Bank v. Alexander (1899)Affirmed
Trover, for promissory note. Trial in the Superior Court of Cook County; the Hon. Joseph E. Gary, Judge, presiding. Finding and judgment for plaintiff. Appeal by defendant. Heard in this court at the October term, 1808.
82 Ill. App. 488Chicago & E. I. R. R. v. Hines (1899)Affirmed
Action in Case, for personal injuries. Trial in the Superior Court of Cook County; the Hon. Samuel C. Stough, Judge, presiding. Verdict and judgment for plaintiff; appeal by defendant. Heard in this court at the October term, 1898.
82 Ill. App. 493North Chicago St. R. R. v. Schwartz (1899)Affirmed
Action in 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. Heard in this court at the October term, 189S.
82 Ill. App. 499Fair v. Jose Morales & Co. (1899)Affirmed
1. Trade-Marks— Conveyancing.—A trade-mark can not be conveyed in gross, by independent transfer, without also conveying the business to which the trade-mark attaches. 2. Same—Equitable Jurisdiction.—Courts of equity are not without jurisdiction to grant relief in cases of inequitable and fraudulent competition by imitation of labels, names, etc., for the purpose of palming off goods as those of another, even when there is no exclusive and proprietary right in such labels, names, etc., as trade-marks.
82 Ill. App. 508O. S. Richardson Fueling Co. v. Peters (1899)Affirmed
Action in Case.—Death from negligent act. Trial in the Circuit Court of Cook County; the Hon. Charles A. Bishop, Judge, presiding. Verdict and judgment for plaintiff; appeal by defendant, Heard in this court at the October term, 1898.
82 Ill. App. 513Ward v. Schiesswohl (1899)Affirmed
Assumpsit, for goods sold. Trial in the Superior Court of Cook County; the Hon. Joseph E. Gaby, Judge, presiding. Verdict and judgment for plaintiff; appeal by defendant. Heard in this court at the October term, 1898.
82 Ill. App. 515Howe v. Medaris (1899)Affirmed
Action in Case, for personal injuries. Trial in the Circuit Court of Cook County: the Hon. Richard W. Clifford, Judge, presiding. Verdict and judgment for plaintiff; appeal by defendant. Heard in this court at the. October term, 1898.
82 Ill. App. 522Miland v. Meiswinkel (1899)Reversed and remanded
Assumpsit, for rent. Trial in the Superior Court of Cook County; the Hon. John Barton Payne, Judge, presiding. Verdict and judgment for plaintiff. Appeal by defendant. Heard in this court at the October term, 1898.
82 Ill. App. 528Klein v. Loeber (1899)Affirmed
Voluntary Assignments.—Petition for order on an assignee to deliver fixtures. Trial in the County Court of Cook County; the Hon. Orrin N. Carter, Judge, presiding. Finding and judgment for respondents; appeal by petitioners. Heard in this court at the October term, 1898.
82 Ill. App. 537American Trust & Savings Bank v. Crowe & Gillen (1899)Affirmed
Assumpsit, on a certified check. Trial in the Superior Court of Cook County; the Hon. Joseph E. Gary, Judge, presiding. Verdict and judgment for plaintiff; appeal by defendant. Heard in this court at the October term, 1898.
82 Ill. App. 539North Chicago St. R. R. v. Hoffart (1899)Reversed and remanded
Action in Case, for personal injuries. Trial in the Superior Court of Cook County; the Hon. ElbridGE Hanecy, Judge, presiding. Verdict and judgment for plaintiff; appeal by defendant. Heard in this court at the October term, 1898.
82 Ill. App. 542Cramblet v. Chicago & N. W. Ry. Co. (1899)Reversed and remanded
• Action in Case; for personal injuries. Trial in the Superior Court of Cook County; the Hon. John Barton Payne, Judge, presiding. Verdict and judgment for defendant by direction of the court; appeal by plaintiff. Heard in this court at the October term, 1898.
82 Ill. App. 551Fish Furniture Co. v. Jenkins (1899)Reversed and remanded, with directions
Appeal, from the County Court of Cook County; the Hon. R. W. S. Wheatley, Judge, presiding. Heard in this court at the October term. 1898.
82 Ill. App. 553West Chicago St. R. R. v. Lundahl ex rel. Hamill (1899)Affirmed
Action in Case, for personal injuries. Trial in the Superior Court of Cook County; the Hon. John Barton Payne, Judge, presiding. Verdict and judgment for plaintiff; appeal by defendant. Heard in this court at the October term, 1898.
82 Ill. App. 558Springer v. Orr (1899)Affirmed
Assmnpsit, for commissions. Trial in the Superior Court of Cook County; the Hon. Abner Smith, Judge, presiding. Verdict and judgment for plaintiff; appeal by defendant. Heard in this court at the October term, 1898.
82 Ill. App. 564Larney v. People (1899)Reversed and remanded
Debt, on a replevin bond. Trial in the County Court of Cook County; the Hon. R. W. S. Wheatly, Judge, presiding. Verdict and judgment for plaintiff ; appeal by defendant. Heard in this court at the October term, 1898.
82 Ill. App. 570People v. Blair (1899)Reversed and remanded with directions
Information Quo Warranto.—Trial in the Circuit Court of McHenry County; the Hon. Charles H. Donnelly, Judge, presiding. Judgment for relator on demui’rer to plea; appeal by respondent. Heard in this court at the December term, 1898.
82 Ill. App. 589Pinkerton v. Martin (1899)Affirmed
Trespass, for an alleged malicious arrest and false imprisonment. Trial in the Circuit Court of Kane County; the Hon. Charles A. Bishop, Judge, presiding. Verdict and judgment for plaintiff; appeal by defendant. Heard in this court at the December term, 1898.
82 Ill. App. 594Herrington v. Cassem (1899)Reversed
' Contempt Proceedings.—Trial in the Circuit Court of Kendall County; the Hon. Charles A. Bishop, Judge, presiding. Finding and judgment against defendant; error by defendant. Heard in this court at the December term, 1898.
82 Ill. App. 598Lyon v. Merchants National Bank (1899)Reversed and remanded with directions
1. Equity Practice—Where a Sworn Answer is Required.—Where a sworn answer is required, and filed, denying the material allegations of the bill, it is evidence for the defendant, and the complainant can have no decree until the allegations of such answer are overcome by the evidence of two witnesses, or its equivalent.
82 Ill. App. 605Chicago & Alton R. R. v. Pearson (1899)Affirmed
Trespass on the Case, for personal injuries. Trial in the Circuit Court of Livingston County; the Hon. George W. Patton, Judge, presiding. Verdict and judgment for plaintiff; appeal by defendant.' Heard in this court at the December term, 1898.
82 Ill. App. 616City of Aurora v. Scott (1899)Affirmed
Action in Case, for personal injuries. Trial in the Circuit Court of Kane County; the Hon. Charles A. Bishop, Judge, presiding. Verdict and judgment for plaintiff; appeal by defendant. Heard in this court at the December term, 1898.
82 Ill. App. 624Klees v. Chicago & E. I. R. R. (1899)Motion denied
1. Appellate Court Practice— Certificate of Importance, When to be Applied For.—A certificate of importance is a condition precedent to tlie right of appeal from the Appellate Court in cases involving less than $1,000, and must be procured within the twenty days allowed by section 90 of tlie practice act for praying appeals.
82 Ill. App. 626First National Bank v. Union District Number One (1899)Affirmed
Assumpsit, on drainage orders. Trial in the Circuit Court of White-side County; the Hon. Frank D. Ramsey, Judge, presiding. Finding and judgment for defendant; appeal by plaintiff. Heard in this court at the December term, 1898.
82 Ill. App. 630Roberts v. Woods (1899)Affirmed in part, reversed in part, and remanded with…
Bill to set Aside a Conveyance, and other relief. Trial in the Circuit Court of DeKalb County; the Hon. George W. Brown, Judge, presiding. Decree for complainant; appeal by defendant. Heard in this court at the December term, 1898.
82 Ill. App. 649Nevitt v. Woodburn (1899)Affirmed in part and reversed in part with directions
Bill for Injunction and Other Relief.—Trial in the Circuit Court of Whiteside County; the Hon. John C. Garver, Judge, presiding. Decree for complainants; error by defendants. Heard in this court at the December term, 1898.
82 Ill. App. 667Chicago & E. I. R. R. v. Argo (1898)Reversed
Action in Case.—Trial in the Circuit Court of Iroquois County; the Hon. John Small, Judge, presiding. Verdict and judgment for plaintiff; appeal by defendant. Heard in'this court at the May, term, 1898.
82 Ill. App. 679Chicago & Alton R. R. v. People (1899)Affirmed
Debt.—To recover statutory penalties for obstructing a highway. Trial in the Circuit Court of Livingston County; the Hon. George W. Patton, Judge, presiding. Verdict and judgment for plaintiff; appeal by defendant. Heard in this court at the December term, 1898.
82 Ill. App. 685F. F. Ide Mfg. Co. v. Sager Mfg. Co. (1899)Reversed
Assumpsit, for goods consigned, etc. Trial in the County Court of Peoria County; the Hon. R. H. Lovett, Judge, presiding. Finding and judgment for plaintiff; appeal by defendant. Heard in this court at the December term, 1898.
82 Ill. App. 688Sterling National Bank v. Union District Number One (1899)Affirmed
Appeal, from the Circuit Court of Whiteside County; the Hon. Frank D. Ramsey, Judge, presiding. Judgment against plaintiff for costs; plaintiff appeals. Heard in this court at the December term, 1898.