Volume 84 — Illinois Appellate Court Reports

Assninpsit, upon a check. Trial in the Circuit Court of Rock Island County; the Hon. William H. Gbst, Judge, presiding. Verdict and judgment for plaintiff; appeal by defendant. Heard in this court at the May term, 1899.

Forcible Entry and Detainer.—Trial in the Circuit Court of Carroll County, on appeal from a justice of the peace; the Hon. James Shaw, Judge, presiding. Verdict and judgment for plaintiff; appeal by defendants. Heard in this court at the May term, 1899.

Assumpsit, on a promissory note. Trial in the Circuit Court of Iroquois County; the Hon. Robert W. Hilsher, Judge, presiding. Verdict and judgment for defendant; appeal by the plaintiff. Heard in this court at the May term, 1899.

Assumpsit, for legal services. Trial in the Circuit Court of Iroquois County; the Hon. Robert W. Hilsher, Judge, presiding. Verdict and judgment for plaintiff. Appeal by defendant. Heard in this court at the May term, 1899.

Assumpsit, for broker’s services. Trial in the Circuit Court of Lee County, on appeal from a justice of . the peace; the Hon. James S. Baume, Judge, 'presiding. Verdict and judgment for plaintiff; appeal by defendant. Heard in this court at the May term, 1899.

Trespass, for killing domestic animals. Trial in the Circuit Court of Jo Daviess County, on appeal from a justice of the peace; the Hon. James Shaw, Judge, presiding. Verdict and judgment for defendant by direction of the court. Appeal by plaintiff. Heard in this court at the May term, 1899.

<p>Error, to the Circuit Court of Whiteside County; the Hon. Frank D. Ramsay, Judge, presiding. Heard in this court at the May term, 1899.</p>

Bill to Set Aside a Conveyance.—Trial in the Circuit Court of Peoria County; the Hon. Leslie D. Puterbaugh, Judge, presiding. Decree dismissing the bill for want of equity. Appeal by complainant. Heard in this court at the May term, 1899.

Assumpsit, on an open account. Tidal in City Court of Aurora, on appeal from a justice of the peace; the Hon. Bussell P. Goodwin, Judge, presiding. Finding and judgment for plaintiff; appeal by defendant. Heard in this court at the May term, 1899.

Action for Damage Done by Fire.—Trial in the County Court of Kankakee County, on appeal from a justice of the peace; the Hon. Eben R. Gower, Judge, presiding. Verdict and judgment for plaintiff. Appeal by the defendant. Heard in this court at the May term, 1899. „

Assumpsit, on an insurance note. Trial in the Circuit Court of Livingston County; the Hon. George W. Patton, Judge, presiding. Finding and judgment for plaintiff; appeal by defendant. Heard in this court at the May term, 1899.

Assumpsit, on a building contract. Trial in the City Court of Aurora; the Hon. Russell P„ Goodwin, Judge, presiding. Verdict and judgment for plaintiff. Appeal by defendant. Heard in this court at the May term, 1899.

Assumpsit, for money paid, etc. ' Trial in Circuit Court of Lake County; the Hon. Charles H. Donnelly, Judge, presiding. Finding and judgment for the plaintiff; appeal by defendants. Heard in this court at the May term, 1899.

<p>Assumpsit, for broker’s commissions. Trial in the Circuit Court of Knox County; the Hon. George W. Thompson, Judge, presiding. Verdict and judgment for plaintiff. Appeal by defendant. Heard in this court at the May term, 1899.</p>

<p>1. Attorneys—Improper Conduct.—It is improper for an attorney, after accepting a joint employment from both parties in a matter, for the purpose of effecting a settlement, to then, under the guise of such employment, act as attorney for one of the parties in a litigation against the other, indirectly connected with such matter, and adversely affecting his interests, without advising him of the fact; and a decree affecting his rights, entered in such a proceeding, may be impeached for fraud.</p> <p>2. Fraud—Improper Conduct of an Attorney.•—Where the grantor, and the grantee of land upon which a purchase money mortgage from the latter to the former remains unpaid, jointly hire an attorney to perfect the title for their joint benefit, if such attorney procures a decree defeating the grantor’s title and mortgage, without the grantor’s knowledge, the latter may impeach the decree for fraud.</p>

<p>Action in Case, for personal injuries. Appeal from the Circuit Court of Knox County; the Hon. John J. Glenn, Judge, presiding. Heard in this court at the May term, 1899.</p>

<p>I. Evidence—Preponderant Not Always with the Greater Number of Witnesses.—The preponderance of evidence does not necessarily depend upon the number of witnesses on each side.</p>

Assumpsit, for stone sold and delivered. Trial in the Circuit Court of Whiteside County; the Hon. Frank D. Ramsay, Judge, presiding. Verdict and judgment for plaintiff for $105; appeal by plaintiff. Aeard in this court at the May term, 1899.

Action in Tort.—Trial in the Circuit Court of Knox County; the Hon. George W. Thompson, Judge, presiding. Verdict and judgment for defendant; appeal by plaintiff. Heard in this court at the May term, 1899.

<p>Assumpsit, for work, labor, etc. Trial in the Circuit Court of Iroquois County; the Hon. Robert W. Hilsher, Judge, presiding. Verdict and judgment for plaintiff; appeal by defendant. Heard in this court at the May term, 1899.</p>

Debt, on an injunction bond. Trial in the Circuit Court of Kendall County; the Hon. Charles A. Bishop, Judge, presiding. Finding for defendants; appeal by plaintiff. Heard in this court at the May term, 1899.

<p>1. Execution—Effect of a Return Nulla Bona.—When an execution is returned nulla bona its vitality is lost.</p> <p>2. Garnishment—General Prerequisites.—If a judgment debtor has no cause of action proceedings in garnishment can not be maintained.</p> <p>3. Same—Amendment to Answer.—A garnishee may file an amendment to his sworn answer stating material facts occurring after his original answer is filed.</p>

Bill to Set Aside a Conveyance.—Trial in the Circuit Court of Kankakee County; the Hon. John Small, Judge, presiding. Decree dismissing the bill; error by complainant. Heard in this court at the May term, 1899.

<p>Error to the Circuit Court of Du Page County; the Hon. Charles A. Bishop, Judge, presiding. Heard in this court at the May term, 1899.</p>

<p>1. Chancery Pleading—Proof as to Allegation Not Denied.—In equity pleading allegations of the bill not referred to in the answer are not thereby admitted but must be proven.</p> <p>2. Foreign Corporations—Acting as Trustees in This State.—A foreign corporation can not execute iii this State any active powers conferred upon it by a trust deed without first complying with the provisions of the statute.</p> <p>8. Statutes—Construction of the Act of June 15,1887.—The act of June 15, 1887, entitled “An act to provide for and regulate the administration trusts by trust companies ” (Laws 1887, 144), was enacted as a defense to creditors, and is not to be interpreted so as to deprive the holders of purchase money bonds of their security because of the failure of the trustee named in the instrument securing them to properly qualify.</p> <p>4. Redemption—Bight of, Must be Exercised in Compliance with the Statute.—Parties desiring to redeem property from a judicial sale must, at their peril, bring themselves within the provisions of the statute.</p> <p>5. Same—Preferences Between Creditors Not to be Determined by a Cross-bill.—Which of several judgment creditors is first entitled to redeem can not be determined on a cross-bill in a foreclosure suit.</p>

Action in Case, for personal injuries. Trial in the Circuit Court of Jackson County; the Hon. Joseph P. Robarts, Judge, presiding. Verdict and judgment for plaintiff; appeal by defendant. Heard in this court at the August term, 1898.

Action in Case, for death from negligent act. Trial in the Circuit Court of Perry County; the Hon. Martin W. Schaefer, Judge, presiding. Verdict and judgment for plaintiff; error by defendant. Heard in this court at the February term, 1899.

Assumpsit, on a check. Trial in the Circuit Court of Perry County; the Hon. Martin W. Schaefer, Judge, presiding. Finding and judgment for plaintiff; appeal by defendant Heard in this court at the February term, 1899.

Garnishment.—Trial in the City Court of East St. Louis; the Hon. Silas Cook, Judge, presiding. Verdict and judgment for plaintiff; appeal by defendant. Heard in this court at the February term, 1899.

Suit to Recover a Fine for a violation of a city ordinance. Trial in the Circuit Court of Williamson County, on appeal from a justice of the peace; the Hon. Alonzo K. Vickers, Judge, presiding. Verdict and judgment for defendant; appeal by plaintiff. Heard in this court at the February term, 1899.

Action in Case,—Damages by water. Trial in the Circuit Court of Madison County; the Hon. William Hartzell, Judge, presiding. Yer-diet and judgment for plaintiff; appeal by defendant. Heard in this court at the February term, 1899.

Replevin.—Trial in the Circuit Court Crawford County; the Hon. Edmund D. Youngblood, Judge, presiding. Verdict and judgment for defendant by direction of the court; appeal by plaintiff. Heard in this court at the February term, 1899.

Trespass, to real property. Trial in the City Court of East St. Louis; the Hon. Silas Cook, Judge, presiding. Verdict and judgment for plaintiff; appeal by defendant. Heard in this court at the February term, 1899.

Assumpsit, for goods sold, etc. Trial in the City Court of Alton; the Hon. Silas Cook, Judge, presiding. Verdict and judgment for defendant; appeal by plaintiff. Heard in this court at the February term, 1899,

Debt, on official bond. Appeal from the Circuit Court of Perry County; the Hon. Martin W. Schaefer, Judge, presiding. Verdict and judgment for defendants; appeal by plaintiffs. Heard in this court at the February term, 1899.

Assumpsit, on an insurance policy. Trial in the Circuit Court of Fayette County; the Hon. Samuel L. Dwight, Judge, presiding. Verdict and judgment for plaintiff; appeal by defendant. Heard in this court at the August term, 1898.

Assumpsit, on a promissory note. Trial in the Circuit Court of Alexander County; the Hon. Joseph P. Robarts, Judge, presiding. Verdict and judgment for plaintiff; appeal by defendant. Heard in this court at the February term, 1899.

Action in Case, for slander. Trial in the Circuit Court of Madison County; the Hon. Silas Cook, Judge, presiding. Verdict and judgment for plaintiff; appeal by defendant. Heard in this court at the February term, 1899.

Action for Personal Injuries.—Trial in the Circuit Court of Marion County; the Hon. Truman E. Ames, Judge, presiding. Verdict and judgment for plaintiff; appeal by defendant. Heard in this court at the February term, 1899.

Action in Case, for personal injuries. Trial in the Circuit Court of St. Clair County; the Hon. Martin M. Schaefer, Judge, presiding. Verdict and judgment for plaintiff; appeal by defendant. Heard in this court at the February term, 1899.

Assumpsti, on a policy of life insurance. Trial in the Circuit Court of Pope County; the Hon. Alonzo K. Vickers, Judge, presiding. Verdict and judgment for plaintiff; appeal by defendant. Heard in this court at the February term, 1899.

Assumpsit, for attorney fees. Trial in the Circuit Court of Fayette County; the Hon. Samuel L. Dwight, Judge, presiding. Finding and judgment for plaintiff; appeal by defendants. Heard in this court at the February term, 1899.

Trespass, for personal injuries. Error to the Circuit Court of Fayette County; the Hon. Samuel L. Dwight, Judge, presiding. Verdict and judgment for defendant by direction of the court below. Heard in this court at the February term, 1899.

Action in Case.—Death by reason of non-compliance with the miner’s act. Trial in the Circuit Court of Marion County; the Hon. William M. Farmer, Judge, presiding. Verdict and judgment for plaintiff; appeal by defendant. Heard in this court at the February term, 1899.

Trespass.—Trial in the Circuit Court of Madison County; the Hon. William Hartzell, Judge, presiding. Verdict and judgment for plaintiff; appeal by defendant. Heard in this court at the February term, 1899.

Action to Recover Damages for a breach of covenant in a lease. Trial in the Circuit Court of Saline County; the Hon. Alonzo K. Vickebs, Judge, presiding. Verdict and judgment for plaintiff; appeal by defendant. Heard in this court at the February term, 1899.

Assumpsit, for mules sold and delivered. Trial in the Circuit Court of St. Glair County; the Hon. Martin W. Schaeffer, Judge, presiding. Verdict and judgment for plaintiff; appeal by defendant. Heard in this court at the February term, 1899.

<p>Assumpsit.—Trial in the County Court of Fayette County; the Hon. George T. Turner, Judge, presiding. Non-suit; appeal by defendant. Heard in this court at the February term, 1899.</p>

Assumpsit, on a beneficiary certificate. Trial in the Circuit Court of St. Clair County; the Hon. Martin W. Schaefer, Judge, presiding. Verdict and judgment for plaintiff; appeal by defendant. Heard in this court at the February term, 1899.

Replevin.—Trial in the Circuit Court of Jasper County, on appeal from a justice of the peace. Verdict'and judgment for plaintiff; appeal by defendant. Heard in this court at the February term, 1899.

Proceedings to Sell Real Estate to Pay Debts.—Trial in the Circuit Court of Johnson County; the Hon. Alonzo K. Vickers, Judge, presiding. Hearing and decree for complainants; error by one of the defend- ants. Heard in this court at the February term, 1899.

<p>1. Lis Pendens—When it Exists—Lis pendens does not exist until the defendant in the bill has been duly served. In the case of service by publication the lis pendens does not commence until the time of the completion of the publication.</p> <p>2. Practice—Where a Bill to Remove a Cloud CanbeMaintained.— There are but two cases under our statute in which a bill to remove a cloud from the title of real estate can be maintained, viz.: where the complainant is in possession of the premises, and where ‘they are unoccupied.</p> <p>3. Jurisdiction— Of Courts of Eq. ';/ to Remove Clouds from Title. —Courts of equity have jurisdiction of the subject-matter, to remove a cloud from title, and are the only courts in this State which have such ' jurisdiction.</p> <p>4. Notaries Public—Of Foreign States—Not Presumed to Have Authority to Administer Oaths.— A court can not presume that a notary public of another State has authority to administer oaths, and such authority must be shown in some way or the affidavit will be treated as at nullity.</p> <p>5. Same—How Authority May Be Shoion.—There is no law requiring the authority of a foreign notary to be shown in any particular way; it • may be shown by any competent evidence.</p> <p>6. Same—Presumptions as to Authority Shown.—Where the court finds in the decree that due notice of the pendency of the suit had been given by publication in accordance with the statute, the presumption is that the officer’s, authority was shown in some proper way.</p> <p>7. Practice—Notice of Pendency of Suit—Failure to Pi'eserve Evidence of in the Record Does Not Affect Jurisdiction.—Tire failure to preserve the evidence of notice of the pendency of a suit in the record in no way affects the jurisdiction and can not be urged in a collateral attack.</p>

Suit on Official Bond.—Tidal in the Circuit Court of Fayette County; the Hon. Samuel L. Dwight, Judge, presiding. Finding and judgment for plaintiff; appeal by defendant. Heard in this court at the February term, 1899.

Mortgage Foreclosure.—Trial in the Circuit Court of Williamson County; the Hon. Oliver A. Harker, Judge, presiding. Hearing and decree for complainant; appeal by defendants. Heard in this court at the February term, 1899.

<p>Proceedings in Voluntary Assignment.—Appeal from the County Court of St. Clair County; the Hon. Frank Perrin, Judge, presiding. Heard in this court at the February term, 1899.</p>

Assumpsit, on a policy of insurance. Trial in the Circuit Court of Saline County; the Hon. Alonzo K. Vickers, Judge, presiding. Verdict and judgment for plaintiff; appeal by defendant. Heard in this court at the February term, 1899.

Debt, for a statutory penalty. Trial in the Circuit Court of St. Clair County; the Hon. William Hartzell, Judge, presiding. Verdict of guilty and judgment; appeal by defendant. Heard in this court at the February term, 1899.

Replevin.—Trial in the Circuit Court of Madison County; the Hon. Martin W. Schaefer, Judge, presiding. Finding and judgment for defendant; error by plaintiff. Heard in this court at the February term, 1899.

Suit for the Violation of an Ordinance.—Trial in the Circuit Court of Clinton County; the Hon. Truman E. Ames, Judge, presiding. Finding and judgment for defendant; error by plaintiff. Heard in this court at the August term, 1898.

<p>Eights of Property.—Trial in the Circuit Court of Pulaski County; the Hon. Joseph P. Robaets, Judge, presiding. Finding and judgment for defendant; appeal by plaintiff. Heard in this court at the February term, 1899.</p>

Prosecution for an Assault and Battery.—Trial in the County Court of Crawford County; the Hon. Ausby L. Lowe, Judge, presiding. Verdict and judgment of guilty; error by defendant. Heard in this court at the February term, 1899.

Assumpsit, for goods lost by a carrier. Trial in the Circuit Court of Jefferson County; the Hon, Edmund D. Youngblood, Judge, presiding. Verdict and judgment for plaintiff; appeal by defendant. Heard in this court at the February term, 1899.

<p>1. Construction of Statutes—Application of Sec. 99, Ch. 114, JR. S., Relating to Flagmen at Public Crossings.— Sec. 99, Ch. 114, R. S. (Sec. 99, Hurd’s Statutes 1897, 1255), applies to streets in cities (C., B. & Q. R. R. Co. v. Dougherty, 110 Ill. 523).</p> <p>2. Penal Statutes—Construction.—A penal statute must be strictly construed.</p> <p>•3. Railroads—Flagmen—Requisites of Notice Under Sec. 99, Ch. 114, R. S.—Before a valid notice to a railroad company to place and retain a flagman at a street crossing can be given, there must be a finding in some way by the authorities that such a flagman is necessary. A mere notice unaccompanied by an ordinance is insufficient.</p> <p>4. Resolutions—Of Legislative Bodies—Defined.—A resolution is not a law, but merely the form in which the legislative body expresses . an opinion. It is of a special and temporary character.</p> <p>5. Ordinances—Of Municipal Corporations—Defined.—An ordinance of a municipal corporation is an enactment prescribing a permanent rule of conduct or of government.</p>

<p>Assumpsit, on a promise in compromise of claims. Tidal in the Circuit Court Union County; the Hon. Joseph P. Robarts, Judge, presiding. Verdict and judgment for plaintiff; error by defendant. Heard in this court at the February term, 1899.</p>

Mechanic’s Lien.—Proceedings in the Circuit Court of Sangamon County; the Hon. Owen P. Thompson, Judge, presiding. Hearing and decree dismissing the bill; appeal by complainants. Heard in this court at the May term, 1899.

Attachment and Interpleader.—Trial in the Circuit Court of Vermilion County; the Hon. Henry V. Sellar, Judge, presiding. Verdict and judgment for the interpleader; appeal. Heard in this court at the May term, 1899.

Assumpsit,—Trial in the Circuit Court of Vermilion County; the Hon. Ferdinand Bookwalter, Judge, presiding. Judgment for defendant on demurrer; appeal by plaintiff. Heard in this court at the May term, 1899.

Bill to Set Aside a Sale of Machinery under a chattel mortgage. Trial in the Circuit Court of McLean County; the Hon. Colostin D. Myers. Judge, presiding. Decree for complainant; appeal by defendant. Heard in this court at the May term, 1899.

<p>Action in Case.—Misconduct of attorney. Trial in the Circuit Court of Vermilion County; the Hon. Ferdinand Bookwalter, Judge, presiding. Verdict and judgment for plaintiff; appeal by defendant. Heard in this court at the May term, 1889.</p>

Bill to Prevent a Forfeiture of an Insurance Contract.—Trial in the Circuit Court of McLean County; the Hon. Colostin D. Myers, Judge, presiding. Decree dismissing the bill; error by complainant. Heard in this court at the May term, 1899.

Assumpsit, on three promissory notes. Trial in the Circuit Court of Sangamon County; the Hon. James A. Creighton, Judge, presiding. Verdict and judgment for plaintiff; appeal by defendant. Heard in this court at the May term. 1899.

Action in Case, for damages to a building by fire. Trial in the Circuit Court of Vermilion County: the Hon. Ferdinand Bookwalter, Judge, presiding. Verdict and judgment for defendants; appeal by plaintiff. Heard in this court at the May term, 1899.

Assumpsit, for goods sold and delivered. Trial in the Circuit Court of Adams County, on appeal from a justice of the peace; the Hon. John C. Broady, Judge, presiding. Judgment against defendant for $9.25, and against plaintiff for costs. Heard in this court at the May term, 1899.

<p>Bill for Mechanic’s lien.—Trial in the Circuit Court of Vermilion County; the Hon. Ferdinand Bookwalter, Judge, presiding. Decree for complainants; appeal by defendants. Heard in this court at the May term, 1899.</p>

<p>Bill of Interpleader.—Trial in the Circuit Court of Vermilion County; the Hon. Ferdinand Bookwalter, Judge, presiding. Decree for complainant; appeal by defendants. Heard in this court at the May term, 1899.</p>

<p>1. Corporations—Assignment of Stock Rights of Assignees.—The assignee of stock in a corporation takes it subject to any equities which exist between the assignor and the corporation, and he can not invoke the law of an innocent purchaser for value to protect himself.</p>

Bill to Specifically Enforce the Extension of a lease.—Trial in the Circuit Court of Fulton County; the Hon. John A. Gray, Judge, presiding. Decree dismissing the bill; appeal by complainants. Heard in this court at the May term, 1899.

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. Heard in this court at the May term, 1899.

<p>1. Building and Loan Associations—Liability of Borrowing Members.—A borrowing member of a building and loan association is not entitled to have his mortgage indebtedness reduced by deducting therefrom the premiums paid by him to such association for his loan, and legal interest thereon. He assumes, with other stockholders, all the risks incident to such relation, and when the association becomes insolvent, he has no more right to withdraw from its assets premiums paid in by him than any other stockholders have to withdraw the payments made by them of installments, interest and premiums.</p> <p>2. Same—Basis of Settlement.—Borrowing members of a building and loan association are chargeable with the amount of money actually received by them, with legal interest thereon from the time it was received, and are entitled to credit for all interest and premiums paid, and are chargeable with so much of the gross premiums as are earned at the time' the society passes into the hands of a receiver, estimating, the life of the loan at eight years.</p>

Assumpsit, on a promissory note. Trial in the Circuit Court of Hancock County;, the Hon. John A. Gray, Judge, presiding. Verdict and judgment for defendant; appeal by plaintiff. Heard in this court at the May term, 1899.

Bill to Construe a Will.—Trial in the Circuit Court of Hancock County; the Hon. John A. Gray, Judge, presiding. Bill dismissed for want of equity; appeal by complainants. Heard in this court at the May term, 1899.

Assumpsit, for commissions. Trial in the Circuit Court of Piatt County, on appeal from a justice of the peace; the Hon. William G-. Cochran, Judge, presiding. Verdict and judgment for plaintiff; appeal by defendant. Heard in this court at the May term, 1899.

Bill for an Injunction.—Trial in the Circuit Court of McDonough County; the Hon. George W. Thompson, Judge, presiding. Decree for complainant; appeal by defendant. Heard in this court at the May term, 1899.

Bill to Enjoin the Collection of a Judgment at law__Trial in the Circuit Court of Greene County; the Hon. Owen P. Thompson, Judge, presiding. Bill dismissed for want of equity; appeal by complainants. Heard in this court at the May term, 1899.

Assumpsit, for work and labor. Trial in the Circuit Court of Macon County; the Hon. Edward P. Vail. Judge, presiding. Verdict and judgment for plaintiff; appeal by defendant. Heard in this court at the May term, 1899.

Replevin.—Trial in the Circuit Court of Montgomery County; the Hon. William M. Farmer, Judge, presiding. Finding and judgment for plaintiff; appeal by defendant. Heard .in this court at the May term, 1899.

Replevin, of impounded cattle. Trial in the Circuit Court of Shelby County; the Hon. Samuel L. Dwight, Judge, presiding. Finding and judgment for plaintiff; appeal by defendant. Heard in this court at the May term, 1899.

Claim. In Probate.—Trial in the Circuit of McLean County, on appeal from the County Court; the Hon. Colostin D. Myees, Judge, presiding. Verdict and judgment for defendant; appeal by plaintiffs. Heard, in this court at the May term, 1899.

<p>1. '"Subrogation—Upon Residuary Estate.—The devisee of a life estate is entitled to be reimbursed from the residuary real estate of the testator for the amount of a debt owing by the testator when he died, and which was paid by selling the real estate specifically devised to him.</p> <p>2. Same—Powers of Courts of Equity.—A court of equity has jurisdiction to subrogate the devisee of a life estate which has been sold under a mortgage given by the testator in his lifetime and securing his debt, to a lien upon the residuary real estate, in the absence of sufficient personal property belonging to the estate.</p>

Action upon an Account.—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. Heard in this court at the May term,, 1899.

Assumpsit, on a beneficiary certificate. Trial in the Circuit Court of Champaign County; the Hon. Francis M. Weight, Judge, presiding. Verdict and judgment for plaintiff; appeal by defendant. Heard in this court at the May term, 1899.

<p>Foreclosure.—Appeal from the Circuit Court of Vermilion County; the Hon. Ferdinand Bookwalter, Judge, presiding. Heard in this court at the May term, 1899.</p>

Bill to Remove an Ambiguity from a policy of insurance. Trial in the Circuit Court of DeWitt County. Decree dismissing bill for want of equity. Appeal by complainants. Heard in this court at the May term, 1899.

Writ of Error, to Circuit Court of Fulton County; the Hon. John A. Gray, Judge, presiding. Verdict and judgment for plaintiff; error by defendant. Heard in this court at the May term, 1899.

Assumpsit, on a promissory note. Tidal in the Circuit Court of Logan County; the Hon. John H. Moffett, Judge, presiding. Finding and judgment for plaintiffs; appeal by defendant. Heard in this court at the May term, 1899.

Debt, for a statutory penalty. Trial in the Circuit Court of McLean County; the Hon. Colostin D. Myers, Judge, presiding. Verdict and judgment for plaintiff. Appeal by defendant. Heard in this court at the May term, 1899.

Assumpsit, for goods sold and delivered. Trial in the County Court of Vermilion County; the Hon. M. W. Thompson, Judge, presiding. Verdict and judgment for the defendant; appeal by plaintiff. Heard in this court at the May term, 1899.

Assumpsit, for commissions. Trial in the Circuit Court of Sangamon County; the Hon. James A. Creighton, Judge, presiding. Finding and judgment for defendant; error by plaintiff. Heard in this court at the May term, 1899.

Action in Case, for damages sustained from shipping cattle in infected cars. Trial in the Circuit Court of Champaign County; the Hon. Francis Wright, Judge, presiding. Verdict and judgment for plaintiff; appeal by defendant. Heard in this court at the May term, 1899.

Assumpsit, on a promissory note. Trial in the Circuit Court of Hancock County; the Hon. George W. Thompson, Judge, presiding. Verdict and judgment for defendant; error by plaintiff. Heard in this court at the May term, 1899.

Assumpsit, for lumber, etc. Trial in the Circuit Court of Champaign County; the Hon. Francis M. Wright, Judge, presiding. Verdict and judgment for plaintiff; error by defendant. Heard in this court at the May term, 1899.

Assumpsit, on a promissory note. Trial in the Circuit Court of Edgar County; the Hon. Henry Van Seller, Judge, presiding. Finding and judgment for plaintiff; appeal by defendant. Heard in this court at the May term, 1899.

Assumpsit, for sick benefits. Trial in the City Court of Litchfield, on appeal from a justice of the peace; the Hon. Amos Oller, Judge, presiding. Verdict and judgment for plaintiff; error by defendant. Heard in this court at the May term, 1899.

Replevin.—Trial in the Circuit Court of Sangamon County; the Hon. Robert B. Shirley, Judge, presiding. Verdict and judgment for defendant; appeal by plaintiff. Heard in this court at the May term, 1899.

<p>Appeal from the Circuit Court of Morgan County; the Hon. James A. Creighton, Judge, presiding. Heard in this court at the May term, 1899.</p>

Action in Case, for personal injuries. Trial in the Circuit Court ofSangamon County; the Hon. James A. Creighton, Judge, presiding. Verdict and judgment for defendant by direction of the court; error by plaintiff. Heard in this court at the May term, 1899.

Action in Case, for personal injuries. Trial in the Circuit Court of Morgan County; the Hon. James A. Creighton, Judge, presiding. Yerdict and judgment for plaintiff; appeal by defendant. Heard in this court at the May term, 1899.

In Equity, for contribution. Trial in the Circuit Court of Logan County; the Hon. John H. Moffett, Judge, presiding. Decree for complainants. Appeal by defendants. Heard in this court at the May term, 1899.

Action in Case, for personal injuries. Trial in the Circuit Court of Vermilion County; the Hon. Ferdinand Bookwalter, Judge, presiding. Verdict and judgment for plaintiff; error by defendant. Heard in this court at the May term, 1899.

Action in Case.—Trial in the Circuit Court of McLean County; the Hon. Colostin D. Myers, Judge, presiding. Verdict and judgment for plaintiff; appeal by defendant. Heard in this court at the May term, 1899.

Assumpsit, for goods manufactured, etc. Trial in the Circuit Court of Adams County; the Hon. John 0. Broady, Judge, presiding. Verdict and judgment for defendant; appeal by plaintiff. Heard in this court at the May term, 1899.

Debt, for statutory penalty. Trial in the Circuit Court of Jersey County; the Hon. Robert B. ShiRley, Judge, presiding. Finding and judgment for defendant in bar and for costs; appeal by plaintiff. Heard in this court at the May term, 1899,

Action to Recover Money Illegally Expended.—Trial in the Circuit Court of Hancock County, on appeal from a justice of the peace; the Hon. John A. Gray, Judge, presiding. Verdict and judgment for plaintiff; appeal by defendants. Heard in this court at the May term, 1899.

Indictment, for carrying concealed weapons, Trial in the County Court of Jersey County; the Hon. A. M. Slaten, Judge, presiding. Verdict of guilty and judgment; error by defendant. Heard in this court at the May term, .1899.

<p>1. Evidence—When Photographs are Admissible.— Photographs may be received in evidence, under certain circumstances, to assist the jury in understanding the case, provided they are verified by proof as being true representatives of the subject.</p> <p>3. Ordinary Care—In Grossing Railroad Tracks.—A person driving a team, when about to cross a railroad track, must exercise ordinary care to ascertain whether or not a train is approaching.</p>

Debt, on sheriff’s bond. Trial in the Circuit Court of Pike County; the Hon. Charles E. Fuller, Judge, presiding. Finding and judgment for defendant; appeal by plaintiff. Heard in this court at the May term, 1899.

Action in Case, for personal injuries. Trial in the Circuit Court of Macon County; the Hon. Edward P. Vail, Judge, presiding. Verdict and judgment for plaintiff; appeal by defendant. Heard in this court at the May term, 1899.

<p>Appeal from the Circuit Court of Sangamon County; the Hon. Owen P. Thompson, Judge, presiding. Verdict and judgment for plaintiff. Heard in this court at the May term, 1899.</p>

Assumpsit, on a policy of insurance. Trial in the Circuit Court of Cook County, on appeal from a justice of the pc ace; the Hon. Abner Smith, Judge, presiding. Finding and judgment for the defendant; error by the plaintiff. Heard in this court at the March term, 1899.

Action in Case, for personal injuries. Trial in the Superior Court of Cook County; the Hon. John Barton Payne, Judge, presiding. Verdict for plaintiff. Judgment, non obstante veredicto, for defendant; appeal by plaintiff. Heard in this court at the March term, 1899;

<p>Interpleader.—Appeal from the Superior Court of Cook County; the Hon. Theodore Brentano, Judge, presiding. Heard in this court at the October term, 1898.</p>

Bill for the Surrender of Securities, etc.—Trial in the Superior Court of Cook County; the Hon. Theodore Brentano, Judge, presiding, depree for complainants; appeal by defendant. Heard in this court at the October term, 1898.

Appeal, from an interlocutory order appointing a receiver, entered by the Circuit Court of Cook County; the Hon. Edward F. Dunne, Judge, presiding. Heard in this court at the March term, 1899.

<p>1. Mandamus—Requisites of the Petition.— In proceedings for mandamus the petition must set forth distinctly all the material facts on which the relator relies, so that the same may be traversed or admitted, and must show a clear right on his part to have the act performed, and set forth every material fact showing that it is the duty of the person sought to be coerced, to perform the act in question.</p> <p>2. Same—Demand, When Necessary.—When the right sought to be enforced is a private right and the duty to be performed is not a public duty, a demand should be made before mandamus will issue.</p>

Debt on a Bond.—Trial in the Superior Court of Cook County; the Hon. John Barton Payne, Judge, presiding. Verdict and judgment for plaintiff; appeal by defendants. Heard in this court at the March term, 1899.

<p>1. Pleading—-Contracts Not to be Varied on Parol Evidence.—To admit evidence under an unverified plea of the general issue, in an action upon a guaranty indorsed on a promissory note, tending to show that the liability of the defendant was that of an indorser and not of a guarantor, is equivalent to permitting a party to contradict by oral testimony the terms of the written contract of guaranty, and in effect to deny its execution.</p> <p>2. Practice—Denying the Execution of the Instrument Sued On.— A defendant is not permitted, under the plea of the general issue unverified, to deny the execution of the instrument sued on.</p> <p>3. Guaranty—An Original Contract.—A guaranty of a note is not a collateral contract, but is an original undertaking, and the guarantor is an original promisor.</p> <p>4. Same—Consideration.—When a contract of guaranty is placed upon a promissory note at the time of its execution, the consideration for the note is the consideration for the guaranty, and no further consideration need be proved.</p>

Bill for Separate Maintenance.—Trial in the Circuit Court of Cook County; the Hon. Frank Baker, .Judge, presiding. Decree for complainant; appeal by defendant. Heard in this court at the March term, 1899.

Action for Personal Injuries.—Trial in the Superior Court of Cook County; the Hon. George A. Trude, Judge, presiding. Verdict and judgment for defendant by direction of the court; error by plaintiff. Heard in this court at the March term, 1899.

Suit oil Replevin Bond.—Trial in the County Court of Cook County, on appeal from a justice of the peace ; the Hon. C. F. Wheat, Judge, presiding. Verdict and judgment for plaintiffs ; appeal by defendants. Heard in the Branch Appellate Court at the October term, 1899.

Assumpsit.—Trial in the Superior Court of Cook County, on appeal from a justice of the peace; the Hon. Samuel C. Stough, Judge, presiding. Verdict and judgment for plaintiff; appeal by defendant. Heard in the Branch Appellate Court at the October term, 1899.

Assumpsit, for goods sold and delivered. Trial in the Circuit Court of Cook County; the Hon. James A. Carver, Judge, presiding. Finding and judgmentforplaintiff; appeal by defendant. Heard in the Branch Appellate Court at the October term, 1899.

<p>Error, to the Circuit Court of Cook County; the Hon. John Gibbons, Judge, presiding. Heard in this court at the March term, 1899.</p>

<p>Foreclosure of a Trust Deed.—Appeal from the Superior Court of Cook County; the Hon. Theodore Brsntano, Judge, presiding. Heard in this court at the March term, 1899.</p>

Assumpsit, for commissions. Trial in the Circuit Court of Cook County; the Hon. Elbridge Hanecy, Judge, presiding. Finding and judgment for plaintiff; appeal by defendant. Heard in the Branch Appellate Court at the March term, 1899.

<p>1. Rents and Profits—As Between a Holder of a Second Mortgage and the Assignee of the Equity of Redemption.—Where there is no deficiency in satisfying a first mortgage in a foreclosure proceeding, and the holder of a second mortgage does not intervene until after the expiration of the term at which the decree of foreclosure is entered by answer, cross-bill or petition to obtain the foreclosure of his mortgage, but simply claims a junior right to share in distribution, as between him and the assignee of the equity of redemption, the latter is entitled to the rents and profits of the mortgaged premises collected by the receiver.</p> <p>2. Equity Practice—Power of the Court in Foreclosure Proceedings after the Close of the Term.-—After a term of court at which a final decree in foreclosure is entered and no deficiency decree has been obtained or sought by any one, the court has no power in the same proceeding to reach the rents and profits during the period of redemption, for the purpose of applying them on a second mortgage upon which no relief had been sought or obtained.</p> <p>3. Receivers—As Quasi Trustees.—A receiver is a quasi trustee, holding-the fund for the benefit of whomsoever may eventually establish title thereto,</p> <p>4. Same—Effect of an Order to Take Charge of the Funds on the Parties.—The mere entry of an order directing a receiver to take charge of funds, in no way affects the right of parties to the controversy to assert their claims to such funds thereafter.</p>

Assumpsit, on an oral contract of insurance. Trial in the Circuit Court of Cook County; the Hon. Richard S. Tutiiill, Judge, presiding. Finding and judgment for plaintiff; appeal by defendant. Heard In this court at the March term,. 1899.

<p>Assumpsit, on a promissory note. Appeal from the Superior Court of Cook County; the Hon. Philip Stein, Judge, presiding. Heard in the Branch Appellate Court at the October term, 1899.</p>

<p>Motion to Vacate Judgment by Confession.—Error to the Superior Court of Cook County; the Hon. Jonas Hutchinson, Judge, presiding. Heard in this court at the March term, 1899.</p>

<p>Indictment for Embezzlement—Trial in the Criminal Court of Cook County; the Hon. Edmund W. Burke, Judge, presiding. Verdict of guilty; error by defendant. Heard in this court at the March term, 1899.</p>

<p>Foreclosure.—Appeal from the Circuit Court of Cook County; the Hon. Edmund W.- Burke, Judge, presiding. Heard in the Branch Appellate Court at the October term, 1899.</p>

<p>Foreclosure of a Mortgage.—Appeal from the Superior Court of Cook County; the Hon. Theodore Brent ano, Judge, presiding. Heard in the Branch Appellate Court at the October term, 1899.</p>

Action in tile 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 the Branch Appellate Court at the October term, 1899.

<p>Foreclosure of a Trust Deed.—Error to the Circuit Court of Cook County; the Hon. Elbride Hanecy, Judge, presiding. Heard in thia court at the March term, 1899.</p>

<p>1. Freehold—When Not Involved.—A freehold is not involved in a proceeding to enjoin a street railway from laying its tracks in a public street, in the sense in which the term “freehold ” is used in the statute relating to appeals.</p>

<p>1. Forms—0/ Declaration Against a Corporation for Assault and Battery.—The court gives and approves a declaration as a.statement of a good cause of action for an assault and battery committed by a servant of a corporation.</p> <p>2. Assault and Battery—Gist of the Action for.—The gist of every assault and battery is the force and unlawfulness of the act.</p> <p>3. Same—Reasonable Force in Removing Intruders.—The law justifies the use of reasonable force to expel an intruder who refuses to comply with a command to depart from the premises of another, and if the owner, or one authorized by him. exercises only such reasonable force as is necessary to eject the intruder, it affords a complete defense to an action for damages because of such forcible expulsion.</p> <p>4. Same—Use of Reasonable Force a Matter of Defense.—The use of only reasonable and necessary force is a matter of defense, and it is for the defendant to justify under the protection that the law affords him if he has used only so much force as was reasonable and necessary.</p> <p>5. Master and Servant— When Liable for the Acts of a Servant.— Where a person sworn in by the police department of the city of Chicago, to act as special policeman to protect the property of a corporation, ejects trespassers, etc., and reports for duty and instructions to the foremen of the corporation, and acts in pursuance of instructions received from them, he is in law the servant of the corporation, and it is responsible for whatever excessive force he uses in the performance of his duties.</p>

<p>1. SoLiciTOit’s Fees—Buie in Allowing.—The rule concerning the allowance of solicitor’s fees in foreclosure cases, where the parties have stipulated in the-mortgage the. amount thereof, is that the mortgagor and his grantees shall be concluded by the amount agreed upon-, unless it appears that the amount was inserted as a cover for usury, unreasonable, excessive, or is obnoxious as a penalty.</p>

Assumpsit.—-Trial in the Circuit Court of Cook County; the Hon. John Barton Payne, Judge, presiding. Verdict and judgment for defendant; error by plaintiff. Heard in this court at the March term, 1899.

<p>Action for Rent.—Appeal from the Circuit Court of Cook County; the Hon. Richard W. Clifford, Judge, presiding. Heard in the Branch Appellate Court at the October term, 1899.</p>

Assumpsit, for goods sold, etc. Trial in the Circuit Court of Cook County;' the Hon. Richard W. Clifford, Judge, presiding. Verdict and judgment for plaintiffs; error by defendant. Heard in the Branch Appellate Court at the October term, 1898.

<p>1. Questions of Fact—Findings Conclusive.—Where the trial is by the court without the intervention of a jury, the finding must be manifestly against the weight of the evidence to justify a reversal by the Appellate Court.</p>

<p>Assumpsit.—Appeal from the Superior Court of Cook County; the Hon. George A. Trude, Judge, presiding. Heard in the Branch Appellate Court at tfie October term, 1898.</p>

Assumpsit, on a contract for advertising. Trial in the Circuit Court of Cook County, on appeal from a justice of the peace; the Hon. Charles A. Bishop, Judge, presiding. Verdict and judgment for plaintiff; appeal by defendant. Heard in the Branch Appellate Court at the October term, 1898.

<p>1. Payment—Burden of Proof.—The burden of proving payment is upon the party alleging it.</p> <p>: 2., Practice—Prima Facie Case.—The production by the complainant in a foreclosure suit of the notes secured by the mortgage is sufficient to make out a prima facie case and cast the burden of proving payment on the defendant.</p>

Trespass, to recover damages for the killing of plaintiff’s intestate. Trial in the Superior Court of Cook County; the Hon. Philip Stein, Judge, presiding. Verdict and judgment for plaintiff; appeal by defendant. Heard in the Branch Appellate Court at the October term, 1898.

<p>Bill of Interpleader.—Appeal from the Superior Court of Cook County; the ííon. John Barton Payne, Judge, presiding. Heard in the Branch Appellate Court at the October term, 1898.</p>

Assumpsit.—Common counts. Trial in the Circuit Court of Cook County; the Hon. Charles G. Neely, Judge, presiding. Finding and judgment for plaintiff; appeal by defendant. Heard in the Branch Appellate Court at the October term, 1898.

Action in Case, for personal injuries. 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 the Branch Appellate Court at the October term, 1898.