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All Reporters → ill → Volume 255

Opinions in ill Volume 255

delivered the opinion of the court: The plaintiffs in error, Henry Rardin, Samuel Newlin and Ira Walker, were jointly indicted at the August term, 1910, of the Ford county circuit court for the crime of rape, by force, upon Julia Shadid, a female of about the age of eighteen years. After a motion to quash the indictment had been overruled a plea of not guilty was entered by each of the defendants,...
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delivered the opinion of the court: Aaron Butler Donaldson was tried and convicted in the circuit court of Christian county upon an indictment charging him with the confidence game. The indictment contains seven counts. At the close of the evidence for the prosecution a motion was made to instruct the jury to find the defendant not guilty as to each of the counts of the indictment. The motion was ...
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delivered the opinion of the court: The county court of Kendall county confirmed an assessment against a large body of land owned by Frank O. Hawley, one of the plaintiffs in error, levied by the Morgan Creek Drainage District, the defendant in error, and the record was brought to this court for review pursuant to a writ of error sued out by him. The judgment of confirmation was reversed for three...
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This was a bill in chancery filed by the appellee against Louis A. McDonald and others, in the superior court of Cook county, for the partition of lots 18, 19, 20 and 21 of Bennett’s subdivision of lot 7, in block 5, in Washington Heights, a subdivision of section 18, township 37, north, range 14,.east of the third principal meridian, Cook comity, Illinois, and for other relief. An answer and repl...
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delivered the opinion of the court: A branch of the Appellate Court for the First District affirmed a judgment recovered by defendant in error on a trial by the court without a jury in the municipal court of Chicago against plaintiff in error for $1322.52, the balance claimed under a contract by which the defendant in error was to furnish the material and perform the granite work for a bank buildi...
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delivered the opinion of the court: This is a controversy between the owners of the fee title to certain property and the holders of irregular and invalid tax titles on the same property as to the distribution of the damages awarded as compensation for the taking of the premises in a condemnation proceeding. The South Park Commissioners filed a petition in the circuit court of Cook county in 1905 ...
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delivered the opinion of the court: This suit was begun by appellants by bill in chancery filed in the circuit court of White county. The bill alleged complainants were children of John Rebstock, who died in White county, Illinois, November 13, 1910, leaving as his children and only hei'rs-at-law the complainants and all the persons named as defendants to the bill except Jacob Fechtig, who was a s...
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delivered the opinion of the court: This is an action of ejectment brought by Edward J. Phillips against Jacob Glos, D. Arnold and Lucy M. Glos for lots i and 10, block 3, Summerdale Park, a subdivision in section 7, township 40, north, range 14, east of the third principal meridian, Cook county. The suit was brought under section 7 of the Ejectment act, for unoccupied premises. Jacob Glos filed a...
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delivered the opinion of the court: The defendants have appealed from a decree of partition. Ann Maria Darling, a resident of Bangor, Maine, died there, testate, in 1892, leaving an estate consisting entirely of personal property. She left three daughters. By her will she gave two-thirds of the residue of her estate, after the payment of funeral expenses, debts and the cost of settlement, to two o...
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delivered the opinion of the court: This was a bill filed in the circuit court of Pike county praying for the appointment of some suitable person, as trustee, to carry out the provisions of the will of William H. Yates, deceased, or if the court should find that Edward Yates had been legally appointed as trustee, that it remove him and appoint some disinterested, competent and suitable person in h...
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delivered the opinion of the court: On May 31, 1890, Frederick P. Read, the appellee, and Jonathan E. Woodbridge, being the owners of block P, (except lot 9,) Morgan Park, Washington Heights, subdivided the same into forty-seven lots, with a street (called Belmont avenue) running north and south through the block. In March, 1892, they sold lots 3, 4 and 5 to Edith J. Wolhaupter as a result of nego...
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delivered the opinion of the court: This is an appeal from a decree of the circuit court of Piatt county dissolving an injunction and dismissing a bill for want of equity. The injunction restrained the county clerk from extending a certain tax levied for the purpose of constructing a town hall in the town of Blue Ridge, in said county. The decree ordered that an appeal should have the effect of co...
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delivered the opinion of the court: This is an information filed in this court upon the relation of the grievance committee of the Chicago Bar Association, in the name of the People, against Mason A. Bamborough and Albert F. Brown, who are regularly licensed attorneys of this court and who were practicing their profession as partners in the city of Chicago at the time the' information was filed, f...
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delivered the opinion of the court: This case was before us at a former term and the opinion then delivered will be found at page 455 of volume 248 of the Illinois Reports. We reversed the judgment and remanded the case for error in an instruction given for appellees, which, in effect, placed the burden upon appellant of proving that appellees did not have title to the disputed premises by adverse...
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delivered the opinion of the court: On January 2, 1889, Granville S. Ingraham, being the owner of one hundred acres of land in the south part of Chicago, entered into a contract with A. J. Cooper. The effect of the contract was to create a relation between the parties somewhat in the nature of a partnership, of which the one hundred acres of land constituted the capital, the value of which was fix...
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delivered the opinion of the court: This is a suit in ejectment brought in the circuit court of Montgomery county by appellees against appellants. On the first trial there was judgment against appellants. That judgment, on their motion, was set aside under the statute, the costs being paid, and a new trial had, which resulted again in a judgment against the appellants. On appeal this court held (2...
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delivered the opinion of the court: The appellant, Lillie B. Mooney, on April 14, 1911, filed her application in the circuit court of Cook county, to the May term, to register in her the title in fee to lot 25, in block 3, in Brown’s addition to Chicago, making the appellee, Charles A. Valentynovicz, together with others, a party defendant, and averring that he was in possession of said premises a...
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delivered the opinion of the court: October 3, 1893, Eugene Beresh became a member of a subordinate lodge of plaintiff in error and a certificate for $2000 was issued to him, payable at his death to Otto and Freddie Goldberger, who were stated in the application of Beresh to be his nephews. Beresh died in December, 1893, and in 1895 Otto and Freddie Goldberger, for use of Anna Beresh, brought suit...
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delivered the opinion of the court: This was a bill in chancery filed in the circuit court of Cook county by James M. Clark, the defendant in error, against Stanley Jankowski, the plaintiff in error, to enforce the specific performance of a certain contract in writing entered into by said Clark and Jankowski for the exchange of real estate. An answer and replication were filed and the cause was re...
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delivered the opinion of the court: This is an appeal from a judgment of the circuit court of Cook county which dismissed the appellant’s petition to condemn property described therein, on the ground that the appellant was without authority to condemn the property. The various grounds urged here against the legal right of appellant to condemn land for railroad purposes were urged in the recent cas...
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delivered the opinion of the court: The appellant, Matilda Lyons, filed her bill in the circuit court of Cook county against the Police Pension Board of Chicago, setting forth that she is the widow ó.f a policeman of the city of Chicago and for several years has been receiving a pension as such widow under the act of the General Assembly known as the Police Pension Fund act; (Hurd’s Stat. 1911, p....
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delivered the opinion of the court: On the 21st day of April, 1911, Robert Tilton, as State’s attorney of Morgan county, presented a petition to the Hon. Owen P. Thompson, circuit judge, alleging that Charles W. Mackey and others named assumed to be a private corporation for profit, under the name of “The Jacksonville Water-Works Company,” and to transact business as such without any lawful warran...
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delivered the opinion of the court: David S. Dempster filed a bill in the circuit court of' Cook county for the purpose of determining the ownership of 455 shares of the stock of the Rosehill Cemetery Company which were held in the name of Killian V. R. Lansingh, and of compelling an accounting for and delivery of so much of such stock as should be found due the complainant. A preliminary injuncti...
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delivered the opinion of the court: November i, 1905, James C. King died testate, domiciled at Chicago, Illinois, leaving him surviving a widow, Maud A. Robinson King, but no child, children or descendants thereof. On July 10, 1901, an ante-nuptial agreement was executed between said James C. King and Maud A. Robinson, then a spinster, by which she agreed to receive from his estate $100,000 in lie...
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delivered the opinion of the court: This was a bill in chancery filed in the circuit court of Coles county by Elliott W. Clark against Nancy Potts and William Potts to enforce the specific performance of a contract in writing alleged to have been entered into by Nancy Potts and her husband, William Potts, with Elliott W. Clark for the sale to Clark of the east half of the south-east quarter of sec...
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delivered the opinion of the court: By virtue of the statute athorizing the annexation of any city, incorporated village or town to any other incorporated city, village or town adjoining the same, an election was held on April 4, 1911, in the city of Chicago and the village of Morgan Park, pursuant to the order of the judge of the county court of Cook county, on a proposition for the annexation of...
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delivered the opinion of the court: The counsel for appellee have presented numerous contentions which it is insisted establish the unconstitutionality of the act of 1903. It will be observed from the foregoing statement that the waters of the upper district which are situated upon the lands of sub-district No. 1,—that is, the waters of appellee upon lands south of Copperas creek,— have no outlet ...
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delivered the opinion of the court: This is a writ of error to reverse a judgment of the criminal court of Cook county entered against plaintiff in error upon a plea of guilty and sentencing him to imprisonment in the penitentiary. At the February term, 1906, of the criminal court of Cook county the grand jury returned an indictment against the plaintiff in error, containing six counts. Two of the...
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delivered the opinion of the court : j The circuit court of Cook county sustained a demurrer ■ interposed by appellants to a bill for injunction filed by appellees and entered a decree dismissing the bill for want of equity. Appellees prosecuted an appeal to the Appellate Court for the First District and the cause was assigned to the branch of that court. For the -purpose of having- a final judgme...
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announced the decision of the court: This is a motion made by' appellee to dismiss this appeal on the ground that appellants have not complied with the order of court in perfecting the appeal, in this: that the appeal prayed for and allowed was joint, while the appeal bond filed was signed by only one of the appellants. It has been repeatedly held by this court that the right of appeal is purely s...
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delivered the opinion of the court: The county collector of Grundy county made application to the county court for judgment against the property of appellant, and for the sale of the same, for the delinquent taxes for ign levied in school districts 80, 83 and 84. Appellant objected to the levy for building purposes in each of said school districts, being one dollar on each $100 valuation in distri...
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delivered the opinion of the court: Appellee is a corporation organized under the laws of this State to “manufacture and sell, at wholesale and retail, bakers’ goods and restaurant supplies.” Its principal office is in Chicago, where its tangible property was assessed for the year 1911 by the local assessors. The same year -"the State Board of Equalization assessed its capital stock and franchise ...
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delivered the opinion of the court: This was a bill in chancery filed by the heirs-at-law of Rebecca E. Wilson, deceased, against Nellie A. Pensione, individually and as executrix, to set aside the probate of the last will and testament of said Rebecca E. Wilson on the ground of undue influence and want of mental capacity to make a will. An answer and replication were filed and issues of fact were...
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delivered the opinion of the court: Michael Stonebraker died testate in 1859, leaving his wife, Catherine Stonebraker, and his six children, surviving him. He died seized of 709.78 acres of land in Ogle county and a considerable amount of personal property. He resided upon one tract of this land containing 160 acres and occupied it as his homestead at the time of his death. Adjoining this tract, a...
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delivered the opinion of the court: This is an action in debt brought in the municipal court of Chicago to recover the penalty provided by sections 9 and 10 of the Medical Practice act of 1899 for a second violation of section 7 of that act. The action was begun by the filing of a praecipe and statement of claim, in which it was alleged that plaintiff in error practiced medicine, as defined in sec...
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delivered the opinion of the court: John Reilly secured a judgment in the circuit court of Cook county against the appellee for personal injuries. Branch “B” of the Appellate Court for the First District reversed this judgment without remanding and with a finding of fact under section 120 of the Practice act. The case is brought to this court by appeal on a certificate of importance. The finding o...
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delivered the opinion of the court: Robert Dunshee died testate on March 2, 1910, at his ' home in Carroll county, Illinois, leaving surviving him his widow, Sadie K. Dunshee, but leaving no children or descendants. By his last will and testament, executed January 26, 1910, he bequeathed to his wife $1000 in lieu of her award and devised to her 320 acres of land in fee simple, together with the un...
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delivered the opinion of the court: Plaintiff in error, George Gibson, was found guilty, in the criminal court of Cook county, of statutory rape upon Ida Cedergren, a girl twelve years of age at the time of the alleged crime, and sentenced to the penitentiary for seven years. This writ of error was thereupon sued out. The father of plaintiff in error was the proprietor of a stone yard on the south...
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delivered the opinion of the court: Plaintiff in error filed her bill for divorce in the superior court of Cook county, to which defendant in error filed a cross-bill. Issues were joined on the second amended bill and the answer thereto and the cross-bill and the answer thereto. By her second amended bill the plaintiff in error asked that the marriage be dissolved upon two grounds: Eirst, extreme ...
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delivered the opinion of the court: Thomas L. Geiger filed a bill in the circuit court of Lee county to contest the will of his father, John L. Geiger, on the ground of mental incapacity. A trial of the issue . was had, the court, on the motion of the executor, directed a verdict in favor of the will, and a decree was entered dismissing the bill. On the appeal of the complainant that decree was re...
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This was a bill in chancery filed by Saxton S. Barrett, as executor and individually, against Mary K. Barrett and the other defendants in error, in the superior court of Cook county, for a construction of the last will and testament of John R. Barrett, deceased. The defendants appeared in person or. by guardian ad litem and answered the bill, and a replication was filed. The cause was tried withou...
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delivered the opinion of the court: Appellant filed his bill to redeem from a master’s foreclosure sale in the circuit court of Cook county. Appellees answered, and the cause was referred to the master with direction to report his proofs with findings. The master reported finding all the issues for the appellees and recommended that the bill be dismissed for want of equity. The report of the maste...
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delivered the opinion of the court: William N. Robeson and Robert L- Robeson, the appellants, filed their bill in the circuit court of Lawrence county against Ella Cochran, Charles Richardville, Lida Sipes, and others,' appellees, for the partition of sixty-three acres off of the south end of location 16, in township 3, range 10, in Lawrence county. The complainants claimed to own an undivided one...
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delivered the opinion of the court: The appellees, heirs-at-law of George Miller, deceased, filed their bill in the circuit court of DeWitt county to set aside the last will and testament of the deceased on the ground that he lacked testamentary capacity at the time of the execution of the purported will and the two codicils thereto. Upon the trial the jury made special findings that the testator ...
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delivered the opinion of the court: The circuit court of Kankakee county held, in a suit to' construe the will of Louis Lawrence, deceased, that the forty acres of land in controversy in this case, being the east half of the west half of the south-west quarter of section 29, town 32, north, range 12, east of the third principal meridian, passed by the following clause in the will: “Second—I give a...
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delivered the.opinion of the court: .This is a suit brought in the circuit court of Will county by the administrator of the estate of John Dougherty, deceased, to recover damages for the death of plaintiff’s intestate. The declaration avers that the deceased, while a citizen and resident of Illinois, was injured while in the employ of the American McKenna Process Company at Elizabeth, New Jersey, ...
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delivered the opinion of the court: The plaintiffs in error, Mamie Schlick and Wilton B. Judd, by means of a writ of error sued out of this court seek the reversal of a decree entered in the circuit court of Cook county on a bill filed against them and Noah VanKleef by the defendant in error, Caroline Karle, setting aside a sale on execution, a redemption therefrom, a sale in pursuance of redempti...
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delivered the opinion of the court: The appellee made application to the circuit court of Cook county for the initial registration of her title to certain real estate in that county. The examiner to whom the application was referred reported that the appellee was the owner of a base or determinable fee simple estate in the premises, subject to be determined, as to two-thirds thereof, by her re-mar...
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delivered the opinion of the court: A petition for leave to file an information in the nature of a quo warranto was filed in the circuit court of Cook county in the name of the People, upon the relation of McKenzie Cleland, against Albert C. Barnes, respondent, to require him to show cause why he should not be ousted from the office of judge of the superior court of Cook county, to which office re...
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delivered the opinion of the court: William L. Martin, as State’s attorney in and for White county, filed an information in the county court, the fourth count of which charged that plaintiff in error, Felix Viskniskki, on or about the fifteenth day of December, in the year of our Lord one thousand nine hundred and eight, at and within the county of White aforesaid, in the State of Illinois, “did u...
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Appellant filed its bill in chancery in this case praying the specific performance of a contract to convey certain real estate described in the contract. After issue was joined the case was referred to a master in chancery to take and report the testimony, together with his conclusions thereon. The master reported that in his opinion appellant was not entitled to specific performance and he recomm...
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delivered the opinion of the court: The county court of Massac county rendered a judgment confirming the verdict of a jury assessing benefits to the right of way of the Chicago and Eastern Illinois Railroad Company in the Cache River Drainage District, and the railroad company has appealed. The commissioners’ roll described the right of way as containing 17.36 miles and assessed it for benefits at...
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delivered the opinion of the court: This is an appeal from a decree of the circuit court of Whiteside county sustaining the last will and testament of John Cunniff, deceased. Cunniff died seized of a farm worth from $16,000 to $20,000 and a small amount of personal property. He left surviving him five children,— Catherine E., Elizabeth H. and Edward F., who were complainants in the bill, and John ...
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delivered the opinion of the court: The appellants filed their bill in the circuit court of Peoria county contesting the will of Theresa Yess on the grounds of mental incapacity and undue influence of the appellee Joseph Yess. Upon the trial- the court withdrew from the consideration of the jury the issue as to undue influence, and a verdict having been returned in favor of the appellees, a decree...
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delivered the opinion of the court: In a condemnation proceeding filed in the superior court of Cook county in 1907 by the Chicago and Northwestern Railway Company against various owners of property included in the site now occupied by its new Chicago city passenger depot, the jury assessed the damages for the benefit of the owners of certain premises which for the purpose of this case may be desc...
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delivered the opinion of the court: This is a writ of error to the circuit court of McLean county to review the decree of that court in a partition proceeding involving the construction of the will of William J. Kerber, who died in 1906 leaving an estate of about $80,000, including real estate in said county. His widow died September 11, 1911, and thereafter this bill w.as filed. Plaintiff in erro...
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delivered the opinion of the court: Augusta Meyer filed her bill for divorce in the superior court of Cook county against her husband, Frederick C. Meyer, plaintiff in error. The bill charged plaintiff in error with habitual drunkenness and extreme and repeated cruelty, and alleged that the complainant owned certain furniture and personal property which she used in conducting a rooming house in th...
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delivered the opinion of the court: -On December 15, 1911, defendant in error Charles R. Lindsay, Jr., filed in the juvenile branch of the circuit court of Cook county a petition charging that William Lindsay, a male child under seventeen years of age, was a dependent child and did not have proper parental care; that his father was dead and he was in the care of his mother, Elizabeth Lindsay, and ...
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delivered the opinion of the court: The appellant, the Nutwood Drainage and Levee District, filed objections with the board of review of Jersey county, claiming as exempt from taxation a steam boiler, engine and machinery located within the boundaries of the drainage district and used in carrying on the business of the district, the articles being essential parts of the pumping plant. The board of...
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delivered the opinion of the court: The relator, James W. Waber, asked leave to file in this court his petition for a writ of mandamus against the defendant Hosea W. Wells, a judge of the municipal court of the city of Chicago, commanding him to vacate and expunge from the records of said court two orders entered by him, one on December 18, 1911, setting aside, conditionally, a verdict and judgmen...
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delivered the opinion of the court: Plaintiffs in error and John Doe were jointly indicted in the circuit court of Peoria county for the crime of setting-fire to and burning the household goods, wares and merchandise of the plaintiff in error Darr, which were insured against loss by fire by the German Fire Insurance Company of Peoria, Illinois, with intent to injure and defraud said insurance comp...
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delivered the opinion of the court: This writ of error is prosecuted to reverse a decree setting aside a deed from Fred Smith to his brother, Herman, and another from the latter to Fred Smith’s wife, rendered by the superior court of Cook county in a suit brought by Frank M. McKey, as trustee in bankruptcy of Fred Smith. The bill alleged that the complainant was elected trustee in bankruptcy of Fr...
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delivered the opinion of the court: The town of Shelbyville is a township of the county of Shelby, which is under township organization, and the city of Shelbyville is incorporated under the general laws of the State, situated within the township and covering only a part of its territory. On April 7, 1908, the proposition, “Shall the town of Shelbyville become anti-saloon territory?” was submitted...
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delivered the opinion of the court: On June n, 1909, E. H. Stemm filed his bill in the circuit court of Livingston county asking the court to decree that he was the owner of certain property in Pontiac, in said county, which he alleged had been wrongfully acquired by Edward J. Gavin, the appellant, while his agent and assuming to act for him as such, and that the appellant be compelled to re-conve...
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delivered the opinion of the court: This is an appeal from a decree setting aside a deed made in his lifetime by James W. Davis to appellants for 270 acres of land in Knox county. Appellee is the widow of Davis, who made the deed to appellants on the*22d day of April, 1910. He died June 19, 1910. At the time of his death he was eighty-three years old and appellee (his wife) was seventy-two. They h...
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delivered the opinion of the court: Sarah Rittenhouse filed a bill in the circuit court, of St.. Clair county seeking to have the legal title to forty acres of land declared to be in her and to cancel an administrator’s deed made to her deceased husband, William J. Rittenhouse, as a cloud upon her title. The theory of the bill is that appellant made an arrangement with her husband to purchase the ...
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delivered the opinion of the court: The county court of Cook county sustained legal objections interposed by Carl Berglund and other property owners, appellees, to the petition of the city of Berwyn, appellant, for the confirmation of a special assessment levied for the cost of a sewer, and dismissed the petition. The case comes to this court on appeal from that judgment. The objections presented ...
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delivered the opinion of the court: The Kickapoo Drainage District, defendant in error, was organized under the Levee act in 1908. The original assessment roll was filed by the commissioners and confirmed at the August term, 1909, of the county court. In 1910 the commissioners filed a complaint in the county court, stating that the lands therein described (among them being the lands of plaintiffs ...
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delivered the opinion of the court: This was a bill in chancery filed by the appellee against the appellant, in the circuit court of Montgomery'county, to enjoin the appellant from obstructing a natural watercourse at the point where it crosses one of the public highways of the said town and to require him to remove an obstruction which he had placed in said water-course. An answer and replication...
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delivered the opinion of the court: The plaintiffs in error were tried and convicted in the circuit court of Franklin county under an indictment for murder, and were respectively sentenced to serve the following terms in the penitentiary: George Kazakis thirty years, Pete Barkas, John Xerigotis and Louis Lackos each twenty years, and John Kalamaris, Jim Dimos, Christ Pitzounis, Bill Tatsis, Minos ...
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delivered the opinion of the court: Abe Weinstein was convicted in the municipal court of Chicago of pandering, and, the conviction having been affirmed by the Appellate Court, is seeking a reversal on the ground, among others, that the information was defective and should have been quashed upon his motion. The information was defective and should have been quashed because it was sworn to on July ...
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delivered the opinion of the court: Plaintiff in error first contends that the evidence of defendant in error, together with the justifiable inferences to be drawn therefrom, wholly fails to establish a cause of action under any of the counts on which the case was submitted. The first amended count charged that by reason of the failure of the plaintiff in error to comply with the statutory require...
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delivered the opinion of the court: Julius P. Taylor, the appellant, filed his bill in the circuit court of Cook county against Prank Marshall, William Marshall, Myrtle Ryan and Charles Reight to enjoin them from conducting a house of ill-fame in certain ‘premises in the city of Chicago known as 171, 173 and 175 Twenty-first street. By his bill he 'alleged that Elnoria H. Fowler was the owner in f...
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delivered the opinion of the court: This was a bill in chancery filed by the appellant in the superior court of Cook county, against the appellee, to remove a judgment lien as a cloud upon the title to certain real estate owned by the appellant, situated in the city of Chicago. A demurrer was interposed to the bill and sustained and the bill was dismissed for the want of equity, and an appeal has ...
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delivered the opinion of the court: The executors of the last will and testament of Silas Rosenthal, deceased, recovered a judgment in the circuit court of Logan county against plaintiff in error in the. sum of $2500 for the death of Rosenthal, caused by being struck by a tender attached to plaintiff in error’s engine while crossing the railroad tracks over Pulaski street, in the city of Lincoln. ...
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The municipal court of Chicago ren- dered a judgment' against the Federal Security Company for $231 for a personal property tax levied by the State Board of Equalization upon the capital stock of the defendant company. The company has sued out a writ of error from this court to obtain a review of the judgment below. The only point made against the validity of the tax is that it was levied by the S...
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delivered the opinion of the court: This was a bill filed by the appellees for a partition of the north-west quarter of section 8, township 11, north, range 7, east of the third principal meridian, in Christian county. The bill alleged that Sarah L. Cox was the owner of said tract of land at the time of her death, July 7, 1895 ; that she died intestate, leaving no child or children or descendants ...
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delivered the opinion of the court: The State’s attorney of Edgar county by leave of court filed an information in the circuit court of that county to its June term, 1910, upon the relation of C: T. Biddison, in the nature of a quo warranto, alleging that the Board of Education of the Paris Union School District was unlawfully usurping and exercising the powers of school directors and school trust...
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delivered the opinion of the court: The defendant in error obtained a decree setting aside a deed executed to her daughter, and the defendants sued out a writ of error. The daughter, Rozalia Janikowski, died during the pendency of the suit in the circuit court, and the plaintiffs in error are her husband and four children. The grounds on which the validity of the deed was attacked were, first, tha...
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It is apparent from the foregoing statement of facts that no freehold is involved upon this record and that this court is without jurisdiction to hear and determine this cause. Galbraith v. Plasters, 101 Ill. 444; Johns v. Boyd, 117 id. 339; Blackman v. Preston Bros. 119 id. 240; Herdman v. Cooper, 125 id. 359; Wilkinson v. Gage, 133 id. 137; Kronenberger v. Heinemann, 190 id. 17; Charleston State...
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delivered the opinion of the court: Plaintiffs in error and one Sam Mascarella were indicted, jointly, in the circuit court of LaSalle county, for murder. Mascarella gave bail and left the State and was not tried with plaintiffs in error. They were found guilty by the jury, who fixed their punishment in the penitentiary at fourteen years. This writ of error was then sued out. The murder of Joseph ...
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delivered the opinion of the court: This is an appeal from a decree of the circuit court of Montgomery county quieting title in appellee, Anna L,. Peabody, to a certain quarter section of land in that county. From the record it appears that the land in question was entered by or in the name of Ezra Peabody on June 23, 1851, as bounty land for his services in the Florida war, a patent being issued ...
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delivered the opinion of the court: Defendant in error brought suit in the municipal court of the city of Chicago in a case of the first class against H. O. Conklin, Doren Bugbee and plaintiff in error, as co-partners. Summons was issued to the bailiff of the municipal court on the day the suit was instituted and was served on the defendant Bugbee, only. Bugbee appeared and filed his affidavit of ...
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delivered the opinion of the court: This was a bill in chancery filed by the complainants against the defendants in the circuit court of McLean county to quiet title in themselves and to remove two or more deeds as clouds upon the title to certain land situated in said county, which was improved and in the possession of the defendants. The court sustained a demurrer to the bill and dismissed the s...
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delivered the opinion of the court: The sole question involved in this case is the title to a strip of land eight feet wide, extending north from West Byron street to an alley and forming the eastern boundary of lots 6 to 22, inclusive, of Sherman’s subdivision of block 21. The strip in question is claimed by the People’s Gas Light and Coke Company and also by the city of Chicago. The controversy ...
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delivered the opinion of the court: Harry Kilduff, defendant in error, recovered a judgment in the circuit court of Macoupin county for $1500 for personal injuries sustained by him while working as a miner in one of the rooms of the Consolidated Coal Company’s mine. The declaration charges a violation of the statutory duty to inspect the working places of the mine and place a conspicuous mark at a...
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delivered the opinion of the court: Caroline Kneip and others, owners of property located on Janssen avenue between Cornelia and Roscoe streets, filed a bill in the superior court of Cook county against Charles FI. Schroeder to enjoin him from constructing a building on said street which will occupy a portion of the space between the street line and the building line as established by the plat sub...
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delivered the opinion of the court: This was an action brought by appellees, George W. Noble and James F. Noble, against appellants, for the partition of the north-east quarter of the south-east quarter of section 14, town 12, north, range 4, west of the third principal meridian, in Henderson county, Illinois. The bill alleged that Clarinda Alice Noble died in March, 1906, leaving no child or chil...
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