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Opinions in ne Volume 115

delivered the opinion of the court: The city of Chicago on April 7, 1911, instituted condemnation proceedings in the superior court of Cook county for the widening of East and West Twelfth street, in that city. David Shapiro and Hilda Shapiro, appellants, (two of the defendants in that proceeding,) are the owners of lots 7 and 8, in block 5, in Brand’s addition to Chicago. The property is located ...
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delivered the opinion of the court: This is a writ of error to review a judgment of the circuit court of Warren county entered in July, 1916, for $582.85, in favor of defendant in error and against plaintiff in error. The case has been brought directly to this court on the ground that the statute under which the summons in the cause was served is unconstitutional. The return of the sheriff of Warr...
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delivered the opinion of the court: This appeal is by Frederick Scholer, Louisa J. Eberle and Ida C. Dutton from a judgment of the superior court of Cook county confirming an assessment of benefits and fixing the amount of compensation to be paid appellants for a strip of land sought to be taken by the city of Chicago for public use in a special assessment proceeding brought by the city pursuant t...
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delivered the opinion of the court: Appellants in this case are the owners of sub-lot i of lot 4, block 68, of Canal Trustees New Subdivision, etc., said lot being on the south side of West Twelfth street, in the city of Chicago, fronting 25 feet on the said street and being 90 feet deep, improved with a three-story brick building and known as No. 731 West Twelfth street. The north 42 feet of this...
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The plaintiff recovered judgment against the defendant for personal injuries alleged to have been caused by the negligence of defendant. Upon appeal by defendant therefrom, and from an order denying a motion for a new trial, the Appellate Division on the 4th day of June, 1915, reversed the judgment and order appealed from, dismissed the complaint and adjudged that the finding of the jury that t...
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The plaintiff’s intestate, Charles B. Wintersteen, was appointed to the position of assistant engineer in the department of docks and ferries, in the city of New York, on or about January 1, 1909, and he had for some years prior thereto served in a minor capacity in the department. The plaintiff, as administratrix, brings this action to recover certain arrears of compensation to which, it is alle...
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The appellant seeks ;a peremptory writ of mandamus compelling the board of parole of State prisons to reconsider and rescind a parole granted by the board to John Bassi. Thus far he has failed. In December, 1902, Bassi was indicted for and, upon trial, found guilty by the verdict of the jury, in Kings county, of the crime of burglary in the third degree — a crime punishable by imprisonment in a...
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The Jno. F. Stevens Construction Company in 1912 entered into a contract with the city of New York for the construction of a part of the subway known as the Southern Boulevard and Westchester Avenue Eapid Transit Eailroad. It proceeded with the performance of its contract; but on August 11, 1913, before completing the same, filed in the District Court of the United States for the Southern Distr...
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The demurrer of the relatrix to the separate answer of the defendants Z. B. Campbell and Samuel D. Webb, as members of the state civil service commission of Ohio, and the demurrer of the defendant A. V. Dqnahey, auditor of state, to the petition, search the whole record of this case. The first question presented is whether the petition contains facts sufficient to constitute a *409cause of action....
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The first question presented by the record in this case is as to the validity of the order of the civil service commission of the city of Jackson, Ohio, permanently suspending Fred*398erick W. Bertsch from the office of chief of the fire department of that city. On the 15th day of June, 1915, the mayor of Jackson suspended Mr. Bertsch from office and forthwith certified that fact, together with th...
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The most important question presented by the record in this case is the question of the constitutionality of Section 4729, General Code, as amended 104 Ohio Laws, 136. It is contended that members of a county board of education are county officers, and come within *425the provision of Section 1 of Article X of the Constitution, which requires the general assembly to provide, by law, for the electi...
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This is an appeal from an interlocutory order appointing appraisers in a condemnation suit brought by appellee company to appropriate certain real estate belonging to appellants for the use of appellee company in elevating its tracks in the city of Indianapolis in obedience to and in conformity with an order of the board of public works of that city. The complaint shows that the land described and...
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This is a proceeding instituted by certain of the appellees before the board of commissioners of Pulaski county for the establishment of a public drain in that county. The "petition was regularly docketed as *95an action pending and the matter referred to drainage commissioners, who subsequently filed a report favorable to the proposed improvement. Within ten days thereafter appellants, who are th...
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Appellant was tried and convicted on an indictment which charges that he and three others, at a time and place fixed, “did-then and there unlawfully, knowingly and feloniously unite, combine, conspire, confederate and agree to and with'each other for the object and purpose, and with the unlawful and felonious intent to then and there unlawfully and feloniously, willfully and maliciously set fire t...
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— In this action appellee seeks as owner to recover by replevin a certificate for fifteen shares of the capital stock of the First National Bank of Michigan City, Indiana. At the first trial the court directed a verdict for the defendant; and from the judgment on this verdict the plaintiff appealed. The Appellate Court reversed the judgment. (Opperman v. Citizens’ Bank [1909], 44 Ind. App. 401, 85...
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This is an appeal from a judgment in a bastardy proceeding .instituted before a justice of the peace of St. Joseph county. The justice found that appellant was not the father of the bastard child. There was an appeal to the circuit court of said county, where the case was tried by a jury before the Hon. T. ~W. Slick, who, on account of the “serious illness” of the regular judge of *656such, court ...
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Appellees brought this action against appellant in the Porter Circuit Court to recover damages for the breach of a contract alleged to have been executed between the parties by which appellant sold and agreed to convey to appellees a twenty-acre tract of land situate in Lake county. The cause was venued to the Laporte Circuit Court, where a trial resulted in a verdict against appellant for $4,000,...
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This is an action in ejectment to recover possession of seventy-eight and one-half acres of real estate in Franklin county, Indiana. The complaint is in the usual form and was answered by a general denial. The ease was tried by the court, and upon request a special finding of facts was made, on which conclusions of law were stated in favor of appellee, plaintiff below, for possession of the real e...
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On May 18, 1907, appellee entered into an agreement with appellant for the sale of a lot in the city of Gary, Indiana. The agreement is in the following language : “This agreement made and entered into this 18th day of May, 1907 between Louis A. Bryan of Gary, Indiana, hereinafter referred to as Bryan of the first part and Joseph Krisky of Bridgeport in the 'county of-*612in the state of Ohio, wit...
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This suit was brought by appellant to recover on the bond executed by appellee Judson A. .DeLay, as commissioner for the sale of real estate, and appellee Corbin, his surety. The complaint was in two paragraphs, to each of which a demurrer for insufficiency of facts to state a cause of action was sustained. Appellant duly excepted to the ruling of the court, refused to plead further and judgment w...
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This is an appeal f-rom a judgment against appellant in favor of appellee on an award returned upon a common-law arbitration. Tbe complaint is in two paragraphs, to each of which a demurrer was filed for want of facts, with memorandum. Each of such demurrers was overruled and proper exceptions were reserved. An answer in four paragraphs was filed. A demurrer was addressed to the second paragraph t...
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This is an agreed case under §579 Burns 1914, §553 R. S. 1881, involving the construction of certain sections of the constitution of ap'pellee with reference to the payment of a funeral donation to appellant, as the widow of a deceased member. The court below made a general finding in favor of appellee, who was the defendant in the action, and rendered judgment that appellant take nothing and that...
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This case again comes to us on a petition for rehearing and a majority of the court have concluded that appellant’s brief is sufficient in form to present some of the errors assigned for review. The action is to recover damages for injuries alleged to have been sustained by appellee from falling on one of appellant’s streets. There was a trial by a jury, with verdict and judgment for appellee for ...
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The grand jury of Sullivan county returned in the circuit court of that county two indictments against appellant, James Howe, one charging him with the murder of Charles Irwin, and the other with the murder of Arlie Duckworth. The prosecuting attorney elected to try appellant first for the murder of Arlie Duckworth. On motion of appellant the venue was changed to the Clay Circuit Court, where a tr...
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Appellants brought this suit on their own behalf, and, as they allege, on behalf of 200 other persons similarly interested and situated, to restrain appellee, as treasurer of Madison county, from levying on and selling their household goods for the payment *351of delinquent taxes. A demurrer was sustained to the complaint, and from a judgment in favor of appellee, appellants appeal to this court. ...
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Suit was brought by appellee to restrain and enjoin the collection by appellant of a tax levied against appellee’s land by the Gary-Miller joint park board, under the provisions of an “act concerning joint public parks” approved March 2, 1915. Acts 1915 p. 78. Appellee’s complaint proceeds upon the theory that the “Act concerning joint public parks,” supra, is .unconstitutional and void (1) in tha...
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Proceedings were begun before the board of commissioners of Montgomery county to have established in said county a free gravel road less than three miles in length. Such actions were taken before the commissioners as resulted in the order of said board establishing. the road, which order was duly entered) *134May 4, 1915. On May 29, 1915, appellants filed a bond with the- auditor and prayed an app...
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The appellee recovered judgment on account against appellant, and an appeal was taken to the Appellate Court. The cause was transferred to this court in accordance with §1405 Burns 1914, Acts 1901 p. 590. The alleged errors are covered by the assignment that the court erred in overruling appellant’s motion for a new trial. Of the causes for a new trial relating to instructions, appellant, in its p...
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This was an action by appellant to recover damages for an injury to the fingers of his left hand which came in contact with an unguarded saw in *137appellee’s shop. The issues formed by an amended paragraph of complaint and a general denial were tried by a jury and a verdict was returned in favor of appellee and denying a recovery. Appellant’s motion for a new trial was overruled and this ruling i...
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Appellee brought this action against appellant to recover damages for the negligent killing of one Joseph Gorcsás. The complaint is in one paragraph and, in substance, alleges that appellant is a corporation engaged in compressing air in the city of East *438"Chicago, and employs more than five persons in and about said business; that on August 17, 1913, appellee’s decedent was engaged in said fac...
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An action to recover for the death of William H. Dean, alleged to have been caused by appellee’s negligence. The complaint proceeds upon the theory that appellee was negligent in operating an engine and cars on a certain sidetrack and switch at the plant of the Vigo Elevator Company near Terre Haute, Indiana, where decedent was working when injured. At the close of appellant’s evidence appellee mo...
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In this cause appellees have filed their motion to dismiss the appeal on the ground that no final judgment has been rendered, as required by §671 Burns 1914, §632 K. S. 1881, and hence an appeal is unauthorized. It appears that on November 2, 1914, part of the appellees filed a complaint in the Wells Circuit Court, making appellants, David D. Studabaker, Henry C. Arnold and others defendants. On A...
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The appellee brought this action in the Superior Court of Marion county, to quiet her title to lots Nos. 28, 29, 30, 31, 32, 33, 34, 35 and 36 in the Crestline addition to the city of Indianapolis. The complaint is in two paragraphs, the first declaring on a legal title, and the second on an equitable title. The Allens disclaimed. Appellants Clarence H. and Mary E. Beard and Mary J. Glynn answered...
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Appellee, while hauling goods for appellant, suffered certain physical injuries.- His cause having been regularly brought before the Industrial Board, under the provisions of the act of 1915 (Acts 1915 p. 392), a hearing before a member of the board resulted in a finding and award in appellee’s favor. The cause having been reviewed by the full board on application to that end, there was a like fin...
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This is a suit for damages for personal injuries and is the second appeal to this court. Croly v. Indianapolis Traction, etc., Co., 54 Ind. App. 566, 96 N. E. 973, 98 N. E. 1091. The complaint in one paragraph is the same as it was at the first trial and sufficiently appears in the former opinion. The answer was a general denial. At the close of appellant’s testimony, the defendant, appellee, move...
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Appellant began this suit to foreclose a lien for repairs made on an automobile and for supplies furnished. The issues were joined by an answer of general denial, trial was had by the court and a finding of facts was made and conclusions of law were stated thereon. The only error assigned is that the court erred in its conclusions of law. The facts found by the court are in substance as follows: A...
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delivered the opinion of the court: The order of the county court of Wayne county declaring the Borah Drainage District organized was reversed at the October term, 1913. (Borah Drainage District v. Ankenbrand, 260 Ill. 335.) Upon the re-instatement of the cause in the county court such action was taken as resulted in an order entered at the May term, 1914, declaring the district organized. An asse...
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delivered the opinion of the court: On June 8, 1906, W. E. Neal (his wife, Dora Neal, joining with him,) leased a tract of land in Lawrence county to G. T. Braden for the purpose of mining and operating for oil. The rental was provided for by what was called a royalty, as follows: “In consideration of the premises the said party of the second part covenant and agree, first, to deliver to the credi...
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delivered the opinion of the court: John Rotes died intestate January 20,. 1914,'seized of a farm containing 161 acres in Pope and Hardin counties.' At the time of his death his son Antone .Rotes, plaintiff in error, was in possession of this farm. John Rotes left surviving him two sons, Sebastian Rotes and plaintiff in error," and the children of a deceased daughter, as: his only heirsát-law. Sho...
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delivered the opinion of the court: A. L. McConkey and Ryland B. Shaw on July 13, 1911, entered into a written agreement to exchange properties, by which agreement M.cConkey was to convey to Shaw 320 acres of land, more or less, described, and situated in Adams county, Illinois, subject to an $11,000 incumbrance, and Shaw agreed to convey to McConkey a domino factory as per invoice and things belo...
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delivered the opinion of the court: Appellants and appellee are the beneficiaries under the last will and testament of Thomas E. Bondurant, who died in Piatt county January 16, 1905. He died seized of between 900 and 1000 acres of real estate in that county. By the first, second and third clauses of his will he provided that his debts be paid; devised to his sister, Mary E. Bondurant, his homestea...
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delivered the opinion of the court: The decree in this case finds that the plaintiff in error and the defendant in error entered into an agreement in writing on September 23, 1914, for the purchase of a farm of about two hundred acres by the plaintiff in error from the defendant in error for $23,500, of which $2500 as earnest money, to be applied on the purchase when consummated, was then paid by ...
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delivered the opinion of the court: This is a writ of error to review a judgment entered by the circuit court of Cook county confirming and' approving a decision of the Industrial Board awarding compensation to the widow and administratrix of Frank Willman, Jr., deceased, against the Butler Street Foundry and Iron Company, plaintiff in error. John Martin was a sub-contractor under plaintiff in err...
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delivered the opinion of the court: Walter O’Brien and William Egan, members of the police force’ of the city of Chicago, were indicted at the August, 1915, term of the criminal court of Cook county for the crime of receiving a bribe of $500 from Christian P. Bertsche on January 4, 1913. They were jointly tried and convicted of said crime, and pending the motion for a new trial Egan died. His deat...
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delivered the opinion of the court: George Garls, one of the defendants in error, was on November 1, 1913, injured while in the employ of the Pekin Cooperage Company, the plaintiff in error. Thereafter, on July 8, 1914, a committee of arbitration appointed under the provisions of the Workmen’s Compensation act decided that Garls was entitled to receive from plaintiff in error compensation at the r...
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Plaintiff in error, Morris Lurie, was indicted with three others, at the September term of the criminal court of Cook county, on the charge of the murder of Edward Laux by assault committed in August, 1915, one count charging the assault was committed with brass knuckles, and the second count that the assault was committed by some violent means, the more particular description of which was to the ...
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delivered the opinion of the court: . Appellant, Otto Cloe, was tried and convicted before a justice of the peace of Moultrie county for violating section 1 of ordinance 194 of the revised ordinances of the city of Sullivan, the appellee in this case. An appeal was prosecuted to the circuit court of that county, where a trial was had by a jury, which returned a verdict finding appellant guilty and...
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delivered the opinion of the court: Defendant in error Walter Jacobs was injured March 26, 1914, while in the employ of the plaintiff in error, the Arnold & Murdock Company, as a teamster in the city of Chicago. On April 11, 1914, he executed a general release to plaintiff in error for the expressed sum of $7.88. A petition was filed by Jacobs with the Industrial Board on March 15, 1915, setting o...
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delivered the opinion of the court:' Dr. Anna B. Schultz-Knighten was convicted in the criminal court of Cook county of the murder of Flossie Emerson by performing an abortion on her and has sued out a writ of error to reverse the judgment. She is a colored woman. Flossie Emerson was a colored woman about twenty-three years old and a prostitute. Most of the witnesses who testified directly to fact...
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delivered the opinion of the court: William H. Cochran died November 2, 1915, leaving a will, the second clause of which reads as follows: “Second—After the payment of such funeral expenses and debts, I give, devise and bequeath unto my wife, Catherine Cochran, all the real and personal property that I may own at the time of my decease, to have and to hold as her Own during her natural life and at...
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1. ARCHITECTS – corporation may contract to furnish architectural workif it is done by a licensed architect. Under section 5 of the act for the licensing of architects, (Hurd's Stat. 1916, p. 92,) which provides that a corporation shall not be licensed to practice architecture "but the same may employ licensed architects," a corporation may contract to furnish architectural work provided the work ...
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delivered the opinion of the court: This was a proceeding before the Industrial Board of Illinois under the Workmen’s Compensation act to recover for the injuries causing the death of Jens Christensen, received on the' night of December 19, 1914, while in the employ of plaintiff in error. The committee of arbitration, after hearing the evidence, made an award in favor of the applicant, the widow. ...
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delivered the opinion of the court: On January 25, 1915, Charles Hoult was the owner of 714 acres of farm lands in Edgar county, with the personal property thereon, and on that day he executed a deed, in which his wife joined, conveying the land to Oliver L. Watson, of Cook county, to whom he also sold the personal property, and Watson and wife executed a deed to Hoult for a leasehold estate in la...
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delivered the opinion of the court: Victor F. Nelson, an employee of the Commonwealth Edison Company working as a lineman, while engaged in the line of his employment received a shock of electricity which caused his death on June 23, 1914. Claim was made by William C. Hartray, administrator of Nelson’s estate, for compensation under the Workmen’s Compensation act, and a committee of arbitration wa...
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delivered the opinion of the court: The county court of Shelby county, on the petition of the plaintiff in error, Zachariah Hodson, reduced the award made to the defendant in error, Josephine Hodson, as widow of James C. Hodson, from $5000 to $2000. The defendant in error appealed to the circuit court, where evidence was heard and a like judgment was entered, and she again appealed to the Appellat...
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delivered the opinion of the court: Appellee filed his bill in the circuit court of Cook county on October 21, 19Í5, to compel Henry Scherer, as trustee, to convey to him the one-twelfth interest in lots 1 to 6, inclusive, and lots 43 to 48, inclusive, in block 3, and lots 20, 21 and 22, 30, 31 and 32, in block 4, all in Kaufman 8c Stephens’ addition to Oak Park, in said county. The bill also alle...
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Defendant in error was injured while employed in the foundry of the plaintiff in error. In October, 1913, on trial before a jury in the circuit court of Kane county, a judgment was recovered against plaintiff in error, which, on appeal to the Appellate Court for the Second District, was affirmed. The case was brought to this court on petition for certiorari. The declaration based the right of reco...
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delivered the opinion of the court: The plaintiff in error, as a tax-payer, filed a bill in the circuit court of Sangamon county against the State Treasurer and the Auditor of Public Accounts, representing that the Forty-ninth General Assembly in 1915 passed, and the Governor approved, certain appropriation bills, designated in the bill as “private relief bills,” appropriating sums of money to pri...
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delivered the opinion of the court: This bill was filed in the circuit court of Bureau county June 5, 1911, by appellant to enjoin the further use by appellee of a portion of Peru street, in the city of Spring Valley, alleging that appellee was then obstructing this street with its tracks, poles, cross-arms, cables and wires for running its cars, and was running its cars thereon without a license ...
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delivered the opinion of the court: This appeal was taken for a review of the judgment of the Appellate Court for the First District reversing a judgment of the municipal court of Chicago in favor of appellant, F. C. Pennington, for the use of I. V. Edgerton, and against the Grand Trunk Western Railway Company, appellee, for the sum of $424.95. Appellant’s amended statement of claim sets up two ca...
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delivered the opinion of the court: The appellee, C. J. Baum, having been declared elected collector of the town of Blue Mound, in McLean county, the appellant contested the election in the county court and has appealed from the judgment against him. The ballots were produced in court, and -159 were counted for the appellant and 153 for Baum without objection. Fourteen ballots were objected to. Tw...
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delivered the opinion of the court: This litigation arises out of the following state of facts: In January, 1900, C. E. Loss & Co. was awarded a contract to do certain work for the Ohio and Kentucky Railroad Corjipany. The railroad company required, the contractor to give a bond in the sum of $20,000, with security, for the performance of the contract, and Loss & Co. applied to plaintiff in error,...
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delivered the opinion of the court: Appellant, the Wicks Stone Company, a corporation, filed in the probate court a claim for $4062.50 against the estate of L. T. Dickason. The claim was for a balance on the subscription by Dickason, in his lifetime, to the capital stock of appellant. The probate court disallowed the claim and the Wicks Stone Company appealed to the circuit court. The cause was tr...
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delivered the opinion of the court: Matensz Ozech, defendant in error, brought suit in the superior court of Cook county against plaintiff in error, the International Harvester Company of New Jersey, to recover for personal injuries resulting from an explosion which occurred in one of the plants of plaintiff in error. e The declaration consists of two counts, which are in substance the same, and a...
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delivered the opinion of the court: The town of Manteno, appellant, by Moses Dupuis, V. E. Reedy and William Staffenberg, commissioners of highways of said town, filed a bill in the circuit court of Kankakee county against appellee to compel him to remove some fences alleged to have been unlawfully placed in a public highway by him, and also for the recovery of a statutory penalty of three dollars...
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delivered the opinion of the court: The city of Chicago, in June, 1914, passed an ordinance for the construction of a cement sidewalk on the east side of Stewart avenue between Thirty-third and Thirty-seventh streets. Objections to the assessment were filed by Louis Vierling, appellant, as to two blocks extending from Thirty-third. to Thirty-fifth street. Trial was had by the county court of Cook ...
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delivered the opinion of the court: This is an appeal from a judgment of the circuit court of Randolph county in favor^of Mabel Hartzell Randolph, appellee, in an action of ejectment against John Hinck, appellant, and involves the question of the title and the right of possession to an' island in the Mississippi river now known as Hinck island. • Appellant first questions the jurisdiction of the c...
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delivered the opinion of the court: On September 23, 1914, a bill was filed in the city,court of Chicago Heights in the name of the People of the State of Illinois, on the relation of Lee H. Hook, the mayor, and Peter Casazza, an alderman of the city, praying for an injunction restraining the plaintiffs in error from conducting a house of ill-fame in certain premises within the city which they occ...
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delivered the opinion of the court: Appellant filed in the county court of Schuyler county, at the June term, 1916, a delinquent list with his application for judgment and order of sale against the property described in said delinquent list for special assessments, etc. With said delinquent list he filed the report and oath of the city collector of the city of Rushville, in said county, showing a ...
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delivered the opinion of the court: The commissioners of highways of the towns of Pleasant Hill and Spring Creek, in Pike county, granted the prayer of a petition for the laying out of a new road on the line between the two towns. Being unable' to agree with the land owners on the question of damages, four of the commissioners filed a certificate with a justice of the peace asking that a jury be c...
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delivered the opinion of the court: Fred Schmidt, Herman Schmidt, Emma Irion, August Schmidt,. William Schmidt, Martha Blume, Lena Büchart and Louisa Heimsart, appellants, filed a bill in the superior court of Cook county to partition about forty acres of land owned by their father, Herman Schmidt, who died testate December 15, 1912, and for the construction of clauses 2 and 4 of the last will and...
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delivered the opinion of the court: The Lost Creek Drainage District in White and Hamilton counties was organized by the order of the county court of White county under the Levee act. The main ditch of the district was laid out and constructed on the line of a natural water-course known as Lost creek, which crossed a certain highway in the town of Mill Shoals, in White county. In excavating the di...
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delivered the opinion of the court: Appellee filed a bill in the circuit court of McLean county against appellants praying for the specific performance of a contract for the purchase of forty acres of land in said county. Appellants filed an answer, admitting all the facts set up in the bill but denying that appellee was able to give a fee simple title. A decree was entered in favor of appellee in...
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delivered the opinion of the court: Appellee, Bruno Ziccarelli, filed a petition for mandamus in the circuit court of Cook county against appellant, Henry Stuckart, county collector of that county, to compel him, as such county collector, to receive the amount due for taxes, special assessments, penalities, interest, costs, etc., on lots 6 and 11, in block 5, in Western addition of a subdivision o...
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delivered the opinion of the court: Appellant, John P. Garritson, filed his bill in chancery in the circuit court of Wabash county on December 8, 1915, against appellees, Brown Bray, Garrett J. Cozine, O. W. McKinney and Bertha L. Clevenger, to set aside a certain deed made by appellant to lot 195 in the city of Mt. Carmel, Illinois, to Bray, a mortgage by the latter to Cozine for $1500, and a dee...
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delivered the opinion of the court : A decree was entered in the circuit court of Champaign county granting the relief prayed for in a bill filed by the appellees, Mae Wingfield and Martha Wingfield, against the appellant, Laura E. Edwards, and others, for a construction of the will of Samuel Wingfield, and to quiet the title to eighty acres of land devised to the complainants by the will, and dis...
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delivered the opinion of the court: The Appellate Court for the Second District affirmed a judgment for $8000 recovered in the circuit court of LaSalle county by William Wagner,, the defendant in error, against the Chicago, Rock Island and Pacific Railway Company, plaintiff in error, and this court granted a writ of certiorari for a review of the judgment of the Appellate Court. The action was for...
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delivered the opinion of the court: The Forty-ninth General Assembly passed an act as follows: “An act making an appropriation in aid of the State Board of Agriculture, the State Bee-Keepers’ Association, the Illinois Dairymen’s Association, the Illinois State Poultry Association, the Illinois Live Stock Breeders’ Association, the Illinois State Academy of Science, and the Illinois State Horticult...
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delivered the opinion of the court: Katherine Mack, widow of Gottlieb Mack, deceased, filed her petition with the Industrial Board of Illinois to recover under the Workmen’s Compensation act for the death of her husband, killed by an accident which happened June 10, 1914, while working for plaintiff in error. The committee of arbitration made a finding in her favor, and on review the Industrial Bo...
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delivered the opinion of the court: In 1907 the Forty-fifth General Assembly of the State of Illinois, by joint resolution duly adopted by the senate and house of representatives, provided that there should be submitted to the electors of the State, at the next election for members of the General Assembly, a proposition to amend separate section 3 of the constitution of 1870, relating to canals an...
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delivered the opinion, of the court: This was a proceeding in the county court of Grundy county to obtain judgment of $393.32 against appellant’s property for a school tax in district No. 74, in said county. Appellant’s objection to this tax, on the ground that the certificate of the board of education was not in accordance with the statute, was overruled and judgment entered. Thereafter this appe...
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delivered the opinion of the court: This is an appeal from a judgment of the county court of Cook county fixing the amount of tax on certain transfers of property under the last will and testament of Henry W. Hubbard, who died in New York City on May 21, 1913, being a resident of the State of New York. The deceased owned stock of the Borden’s Condensed Milk Company and of the Corn Products Refinin...
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delivered the opinion of the court: Appellee filed a bill June 10, 1915, in the circuit court of Cook county, for the partition of certain real estate in said county. After the pleadings were settled the cause was referred to a master in chancery to take evidence and report his conclusions of law and fact. The master reported favorably to granting the prayer of the bill of complaint, and a decree ...
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delivered the opinion of the court: Appellee, Aaron B. McCrillis, filed July 21, 1914, his application in the circuit court of Cook county to register title to two tracts of land,—one of ten acres and one of five acres,—described in the application. Applicant alleged he was the owner in fee simple. Emma J. Glos, Clara L. Glos Bates, Albert L. Glos and D. Arnold were named defendants as claiming so...
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delivered the opinion of the court: The administrator of Giovanni Giacobbi, a deceased employee of plaintiff in error, filed a petition March 17, 1914, in accordance with the Illinois Workmen’s Compensation law, asking for an arbitration hearing in respect to his claim against plaintiff in error for compensation due him as legal representative of the dependents of said deceased employee. Notice ha...
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This is an action by which the plaintiff seeks to recover damages for breach of an oral agreement to lay out and construct a street on the defendant’s land for the use of the plaintiff as grantee in a deed executed by the defendant. The defence set up is the statute of frauds. *158The plaintiff relies upon Cole v. Hadley, 162 Mass. 579, Drew v. Wiswall, 183 Mass. 554, and Durkin v. Cobleigh, 156 M...
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This is an action to recover damages for false representations alleged to have been made in the sale of automobile tires by the defendant to the plaintiff. The plaintiff is a dealer in pneumatic rubber tires (known as casings) for use on motor vehicles, having its place of business in Cleveland, Ohio. The defendant is a manufacturer and dealer in rubber goods, including automobile tires, with a fa...
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The question of the plaintiff’s due care was submitted to the jury rightly. St. 1914, c. 553. Nye v. Louis K. Liggett Co. 224 Mass. 401. It appeared from the defendant’s own testimony that he saw the plaintiff step off the sidewalk to cross over the street “ten or twelve feet ahead of the automobile,” while another witness for the defendant placed the distance as “about twenty-five to thirty feet....
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The passageway was provided for the use of the defendants’ tenants as a means of access on foot and by carriage to their respective tenements, and the plaintiff’s intestate, as the jury could find, was injured while passing over the way as the companion of a juvenile son of a tenant who “had invited him in there to play.” If, without deciding, it is assumed that the intestate as a visitor of the s...
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The decision in Green v. Carigianis, 217 Mass. 1, is decisive of the main issue in the case at bar. In Green v. Carigianis, it was decided that the plaintiff made out a case by showing that while passing along the sidewalk he was struck by a slate which fell from the roof of a building in the occupation and control of the defendant. In the case at bar there was evidence that the plaintiff, while l...
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This is an action for conversion. There was evidence to show that the plaintiff purchased a horse at a sheriff’s sale on May 23, 1911, and that on the same day the horse was brought by the plaintiff to the premises of his brother-in-law, the defendant Preskenis, who agreed that he might be kept there; that afterwards on the same day the defendant Reid stated to the plaintiff that the horse was wor...
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This is an action upon a judgment; the writ is dated June 10, 1916. The defendant Fishbein gave a bond with sureties to dissolve an attachment made upon the writ and after-wards, on August 24, 1916, was adjudicated bankrupt. The case was heard upon the merits by a judge of the Superior Court, sitting without a jury. At that hearing Fishbein filed a suggestion of bankruptcy, together with a duly ce...
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The defendant is not liable unless “immediate written notice” of the claim on account of the accident had been given to the company at its home office “or its duly authorized agent.” It is conceded that he sent no notice to the home office. The jury however could find that within three or four days after the accident a notice proper in form as a “team owners’ report” was prepared at the plaintiff’...
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The plaintiff, while walking across Huntington Avenue in Boston about opposite the Hotel Nottingham between Dartmouth Street and Exeter Street, was struck by an electric car of the defendant and received the injuries for which this action is brought. The defendant’s tracks at the place of the accident are laid upon the reserved space in the middle of the avenue, and the plaintiff while on the cros...
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If the action had been brought by the intestate, she would have been permitted, not only to give evidence that the defendant owed her for money lent, but to state the purpose for which the loan was obtained, in contradiction of the defendant’s testimony, that the transaction was a sale of stock with an agreement on his part to pay her a bonus in cash, being in amount the same as the sum sued for, ...
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The judge upon contradictory evidence was warranted in finding that at the time of the accident the plaintiff was not a volunteer or a mere licensee, but as a mail messenger stood in the place where he was injured for the purpose of either putting the Walpole mail bag on the rear car or to receive the Walpole mail bag which came in on the train. Tierney v. Boston Elevated Railway, 216 Mass. 283. I...
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This is an action to recover damages for being run down by a motor car of the defendant. The car was being operated by the defendant at the time of the accident. In his charge the judge read to the jury the following clause of St. 1909, c. 534, § 22: “Whoever upon any way operates an automobile or motor cycle recklessly or while under the influence of intoxicating liquor ... shall be punished by a...
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This case comes before us on an exception to the denial of a request for a ruling made at a trial in the Superior Court of issues framed in a petition for the proof of a will by a justice of this court, and sent to the Superior Court for trial to a jury. The issues were: (1) “Was the instrument propounded for probate as the last will of John A. Stewart, deceased, executed according to law? ” (2) “...
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This is a suit to recover money alleged to be due on a parol contract entered into by appellant and appellee. The ease was tried on the amended second paragraph of complaint and an answer of general denial. The jury *677returned a verdict for $3,500 in appellee’s favor and with it answers to certain interrogatories. Appellant’s motion for judgment on the answers of the jury to the interrogatories ...
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This is an appeal from a judgment of the Miami Circuit Court in appellee’s favor fpr $2,500, in an action brought against appellant to recover damages for the death of Leo Coughlin. On and prior to November 8, 1912, the time of the occurrence complained of, the Indiana Manufacturing Company was a corporation which employed more than five men, among whom was appellee’s decedent, Leo Coughlin, and, ...
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The relator was duly elected the surrogate of the county of Queens at the general election in 1910, and his term of office as surrogate of said county had not expired in 1915. By chapter 443 of the Laws of 1914, which took effect September 1, 1914, chapter eighteen of the Code of Civil Procedure “ in relation to surrogates and the practice and procedure in Surrogate’s Courts ” was revised,...
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The defendant operates a double-track electric railroad on private right of way between Syracuse and Auburn. The railroad runs substantially east and west and crosses numerous public highways at grade. A way station known as Seymour’s Crossing is at a public highway "which the railroad crosses nearly at right angles. Many people are carried by the defendant to and from that station, but its cars ...
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The action was brought by the plaintiff, as trustee of a bankrupt corporation, to recover the sum of ten thousand dollars, being the total amount unpaid on defendant’s subscription to one hundred shares of the stock in the bankrupt company. The complaint alleges the bankruptcy of the All-Star Feature Corporation on February 16, 1915; the subsequent appointment of the plaintiff as trustee; ...
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Both cases involve this question: An election was held on the issue as to whether or not certain bonds should be issued for park purposes. Notice of such election was given to the qualified electors of the city of Cincinnati upon an advertisement for “four consecutive weeks in a newspaper printed in the municipality covering the period of 26 days prior to the day of election, to-wit, November 2, 1...
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At the argument the plaintiff waived all exceptions which had to do with the second and third counts. The remaining count was for malicious prosecution. At the trial the judge directed a verdict for the defendants and the case is here on exceptions to that ruling and to the exclusion of evidence offered by the plaintiff. The facts bearing on these exceptions were in substance these: The defendants...
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These are actions of tort to recover damages for personal injuries and a death resulting from a collision on Commonwealth Avenue in Boston between an automobile and a car of the defendant. The automobile was owned by Nelson Curtis. It was being driven by one Kaulback, a chauffeur in his employ. It was a limousine, and the glass partition separating the chauffeur from the people in the inside was u...
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The bill is for specific performance of an alleged parol agreement between the plaintiff and the defendant trustees, as set out in the third paragraph of the bill. And, the master having specifically found that the allegations had not been established, the questions as to the foreclosure of the mortgage held by the trustees and the title of the purchaser at the foreclosure sale were rendered immat...
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The jury could find that the defendant represented that he had a restaurant for sale, the weekly gross receipts of which were from $25 to $40 weekly, leaving a net income of $10, and that the plaintiffs who had been employed in restaurants but desired to go into business for themselves, believing the representations to be true, were induced to purchase, paying part of the consideration when the ba...
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These are appeals from a decree of a single justice of this court, entered on the fourth account of the administrator with the will annexed of the estate of John C. Frye. Both parties have appealed from a decree of the Probate Court and also from the decree entered by the single justice. The case was heard by an auditor appointed by the Probate Court, and by a master appointed after the appeals ha...
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The defendant’s testatrix, Mary A. Christie, and the plaintiffs entered into a written agreement, by the terms of which the plaintiffs (who are husband and wife) were to provide a suitable maintenance and support for the testatrix in her home at number 100 Western Avenue in Cambridge, during her life; and in consideration of such maintenance and support so furnished, the testatrix was to pay the p...
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These exceptions arise out of the trial of three issues respecting the allowance of the will of Jonathan M. Richardson. These issues were as follows: “1. Was the instrument offered for probate as the last will of Jonathan M. Richardson executed in accordance with the provisions and requirements of law? 2. Was the instrument offered for probate as the last will of Jonathan M. Richardson procured to...
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The plaintiff, as lessee under a written lease of certain portions of a building to be erected by the defendant, entered into possession upon its completion; and soon afterwards controversies arose between the parties as to their respective rights under the lease. There was evidence to show that the matters in dispute were referred to arbitrators, and that the attorney for the plaintiff and the at...
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The plaintiff, a judgment creditor of the defendant Tenney, seeks by this suit to reach and apply property alleged to have been conveyed and transferred by him to the other defendants in fraud of his creditors. The master’s findings are ample and conclusive to the effect that Tenney and Peck attempted to conceal the farmer’s property, so that it could not be reached to satisfy the plaintiff’s debt...
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Appellee brought this action against appellants Richard Schillinger and Charles Marvel to recover damages alleged to have resulted from their negligence, carelessness and unskilfulness as physicians and surgeons, in setting, adjusting and treating a fracture of appellee’s left femur. Trial was had by jury, resulting in a verdict and judgment in favor of appellee for $2,000, from which this appeal ...
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Appellees filed with the board of commissioners their petition for the construction of a certain drain in Fremont township, Steuben county. Appellants objected to the jurisdiction of the commissioners, which objection was overruled, and also remonstrated for various reasons. The commissioners found in fa*175vor of appellees and ordered the proposed drain established. From the judgment of the board...
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This action for damages on account of the death of appellee’s decedent, was commenced on March 22, 1910, by a complaint in three paragraphs. Thereafter such proceedings were had as resulted in a judgment for $10,000 in favor of appellee. At the time of the accident — November 30, 1909 — decedent was in the employ of appellant as a brick mason, but under the latter’s direction was engaged, with ano...
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Appellant was charged by affidavit with keeping a place where intoxicating liquors were sold in violation of law, and with having the-liquors in his possession for such purpose. The charge was presented under §1 of the act of March 16, 1907, commonly called the “Blind Tiger” law (Acts 1907 p. 689, §8351 Burns 1914). A jury returned a verdict finding appellant guilty, as charged in the affidavit, o...
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Appellee instituted this action against appellant and one Conners to recover his share of the profits of a special partnership between the parties. His complaint alleges that this partnership was organized by oral agreement in February, 1912, for the purpose of securing a contract with The Canadian Western Oil & Gas Company, Ltd., to dig a trench on properties of said company in the Province of Al...
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The record in this case shows that appellant filed his petition in the court below, and obtained an order for the priváte sale of certain real estate to. make assets for the payment of the debts of his decedent. After certain negotiations, he entered into á contract for the sale of the real estate to the appellee and, on July 8,1916, issued to him a certificate evidencing the same. Subsequently so...
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This is an attempted appeal from a judgment rendered in favor of appellee, defendant below, on February 26, 1916. Appellees appear specially and' move the court to dismiss the appeal on the ground that the appeal was not taken within the time allowed by statute. The transcript with the assignment of errors was not filed in this court until August 25, 1916, more than 180 days from the time the judg...
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This is an appeal from a judgment against appellant in favor of appellee, for $3,000, for injuries alleged to have been sustained by appellee by reason of appellant’s failure to guard a ripsaw at which appellee worked. The errors assigned and relied on for reversal, as set out in appellant’s brief, are, in substance, as follows: (1) The overruling of its motion to make the amended complaint more s...
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On June 5, 1914, appellant filed in the court below a petition for the review of a proceeding and judgment in favor of appellee for $500 on a live-stock insurance contract. On September 12, 1914, appellee filed what purports to be an answer to such petition, in which he sets out, among other averments, in substance, that appellant has appealed from the original judgment, which it now asks to have ...
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Appellant brought this action against appellees Delaney and Lyons as principals, and appellee Matthews as surety, on an injunction bond to recover damages for its alleged breach. A trial before a special judge resulted in a finding and judgment in favor of appellees. The questions properly presented arise on appellant’s exceptions reserved to conclusions of law stated on a special finding. The sub...
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This is an appeal from a judgment in appellee’s favor in an action begun by him in the Lake-Superior Court in 1906 to quiet title to numerous lots in Lake county. The original complaint involved nu*142merous defendants, many cf whom were nonresidents, to whom notice of the pendency of said action was given by publication. The resident defendants filed disclaimers and the nonresident defendants def...
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This is a suit on a promissory note brought by appellee, Ebb McCormick, against appellant and appellees, Chelsea Gray, Oliver H. Gray, George W. Traylor and William T. Sherman. The complaint alleges in substance that appellees, Chelsea Gray, Oliver H. Gray and appellant, Manford Traylor, executed their promissory note to appellee George W. Traylor for $200; that the payee indorsed the note .to Wil...
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Appellees made application under §45 of the Indiana Workmen’s Compensation Act (Acts 1915 p. 392) for the review of a former award on the ground of a change in condition. A hearing was had before less than the full board and a new award made on October 27, 1916, relieving appellees from payment of further compensation to appellant after October 4, 1916. *103This is an attempted appeal from the awa...
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Appellant brought this action against appellee to recover on an indemnity insurance policy. A trial resulted in a decision and judgment for costs in appellee’s favor. The principal questions presented arise on exceptions reserved to conclusions of law stated on a special finding. The portions of the policy material to the inquiry here are as follows: “In consideration of the terms, conditions and ...
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In a proceeding before the Industrial Board, brought under the Workmen’s Compensation Act (Acts 1915 p. 392), the board returned an award in favor of appellee as widow of Earnest Souders, employe, against appellant Campbell-Smith-Ritchie Company, employer. Said appellant and its coappellant, The Fidelity and Casualty Company of New York, thereupon filed their joint motion for a new trial, which mo...
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The appellants, Fred D. Wiebke, Louise D. Wiebke, Emma C. Wiebke, William H. Wiebke and Sarah C. Wiebke, brought suit against the appellees, city of Fort Wayne, David N. Foster, Abe Ackerman, Louis Dorn and Louis Fox, members of the board of park commissioners of the city of Fort Wayne, the board of park commissioners of the city of Fort Wayne and the Grace Construction and Supply Company, to enjo...
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This is an appeal from a judgment in favor of appellees in an action, brought against them by appellant, in which he sought to have a certain judgment of appellee board of commissioners ordering a free gravel road improvement declared void and appellees enjoined from going ahead with the improvement therein ordered. The complaint originally filed was superseded by an amended complaint in two parag...
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Pursuant to the provisions of the act approved July 18, 1885, Acts 1885 p. 221, being §5849 et seq. Burns 1914, J. Fred Hall and others filed with the Board of Commissioners of Spencer county their petition for the removal of the county seat from Rock-port to Chrisney. The petitioners complied with, and their petition conformed to, the requirements of said act. The petition was signed by 2,103 per...
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This is an action by appellee against appellants to rescind an executed contract for the exchange of certain lands upon the ground of fraud. The complaint is in one paragraph; the answer is a'general denial. Trial was had by the court and a general finding was made for appellee. The court finds “that in making the trade and exchange of the plaintiff’s real estate in Pike county, * * * (setting out...
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This action was instituted byappellee against appellant to recover damages resulting from personal injury. The following is the complaint in full: ‘ ‘ The- plaintiff Edna Brown, a minor, by her next friend Prank Brown, complains of the defendant, the Chicago, Lake Shore & South Bend Railway Company, and says: That said plaintiff is a minor under the age of 21 years, to wit, 12 years; and that she ...
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This is an appeal in an action brought by appellant against appellee “Supreme Council of the *51Royal Arcanum” (hereinafter referred to as the “association”) and others to recover on a beneficiary certificate issued by said association. The complaint, after setting out the nature and character of said association, alleges that it, on September 3, 1888, accepted Hiram Lynn as a member thereof and i...
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This is a suit brought by appellants, Frank V. Cook, James H. Black and George W. J. Hoffman, doing business as Cook, Black and Hoffman, against appellees, Judson A. DeLay and Ira V. Corbin, to recover on a bond executed by appellee DeLay, as commissioner for the sale of real estate in a partition suit, and by appellee Corbin, his surety thereon. The question presented by. the assignment of errors...
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delivered the opinion of the court: Appellant filed a bill for an injunction July 6, 1912, in the circuit court of Champaign county, to restrain the commissioners of highways of the towns of Mahomet and Scott in Champaign county and of Sangamon in Piatt county from opening up a public road and trespassing on his land. The record discloses that appellant is the owner of the northeast quarter of the...
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delivered the opinion of the court : This suit was an action begun by Ben F. Barnett in the municipal court of Chicago against the Caldwell Furniture Company for damages alleged to have been sustained by plaintiff from the violation of a contract of employment by defendant. Defendant was engaged in the manufacture and sale of furniture, its factory being located at Lenoir, North Carolina. On the f...
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delivered the opinion of the court: The plaintiffs in error, Peter Patrick and Hattie Chlevinski, were convicted in the criminal court of Cook county of the crinqe of causing an abortion. The points relied upon for reversal are (i) that the evidence was insufficient; (2) the court made improper comments during the trial on the weight and effect of evidence; (3) the court erred in giving and refusi...
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delivered the opinion of the court: By his second amended bill filed in this case in the circuit court of Sangamon county, the appellee, J. B. Fergus, prayed for an injunction against the appellants, James J. Brady, Auditor of Public Accounts, and Andrew Russel, Treasurer of the State of Illinois, to prevent the payment of various sums appropriated by the General Assembly to boards and individuals...
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delivered the opinion of the court; This is an appeal by the Atchison, Topeka and Santa Fe Railway Company from a judgment of condemnation in a proceeding instituted by the city of Chicago for the widening of East and West Twelfth street from Michigan avenue to Ashland avenue. East of Canal street Twelfth street is to be widened to one hundred and eighteen feet by adding a strip of land adjoining ...
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delivered the opinion of the court: This is an appeal by the Chicago and Grand Trunk Railway Company and the Grand Trunk Western Railway Company from a judgment of condemnation in a proceeding instituted by the city of Chicago for the widening of East and West Twelfth street from Michigan avenue to Ashland avenue. The property of said railway companies is in three parcels and situated immediately ...
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The constitutionality of St. 1914, c. 761, is attacked in this case. All rational presumptions are made in favor of the validity of every act of the legislative department of government, and the court will not refuse to enforce it unless its conflict with the Constitution is established beyond reasonable doubt. It will not be declared void unless it is impossible by any reasonable construction to ...
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This is a suit by appellant against appellees for contribution. The errors assigned are the overruling of each of appellant’s separate demurrers to the second paragraph of each of the separate answers of the appellees; overruling appellant’s motion for a new trial. Appellant filed her complaint against appellees in which she alleges in substance that on March 4, 1911, one Harry J. Milligan filed i...
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The action is, servant against master, to recover damages for the alleged negligence of the defendant in permitting a belt to so hang from a revolving shaft as to cause personal injuries to the plaintiff. The Appellate Division by a decision not unanimous affirmed the judgment consequent upon the verdict of the jury in favor of the plaintiff. If there was no evidence that tended to support the ...
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The action is to recover damages for the neglect of the defendant by which the death of plaintiff’s intestate was caused. The Appellate Division by a decision not unanimous affirmed the judgment consequent upon the verdict of the jury in favor of the plaintiff. The governing facts are: In the passage of a freight train of the defendant from Auburn, New York, to Sayre, Pennsylvania, it beca...
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One Walter J. Gwynne falsely represented to the appellants that he was Baldwin J. Gwynne, a man of financial responsibility, residing at Cleveland, Ohio. Belying upon the truth of this statement the appellants delivered to him upon credit a quantity of jewelry. Gwynne in turn sold it to the respondent, who bought it without notice express or implied of any defect in title, and for value. Learni...
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The order should be affirmed under the provisions of section 314 of the Election Law, which is broad enough in its terms to entitle any candidate voted for at the time of a general election to an examination as of right in a proper case of any ballots upon which his name lawfully appears as that of a candidate whether the validity of the election is in controversy or not. The provisions of sect...
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The respondent had a family consisting of his wife, a married daughter and' son-in-law and an adult son, all of whom resided with him. He was also the owner of an automobile which he “had purchased for the pleasure of the members ” of his family and himself and which car his wife drove from time to time “ for her pleasure ” as his son “ also did.” Said son also drove the car in taking out the dau...
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The only substantial proposition argued by the defendant is the one that there was not sufficient evidence of resistance to permit the jury to find that he committed rape upon the plaintiff. If that question were before us we should be inclined to hold that this proposition is not well founded, but that there was sufficient evidence of resistance to satisfy the rule laid down in Dean v. Rapl...
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This action was brought to recover damages for an injury to the plaintiff’s person and property alleged to have been caused by the negligence of the defendant. The plaintiff had a verdict, and from the judgment entered thereon defendant appealed to the Appellate Division, fourth department, where the judgment, by divided court, was affirmed, and from which this appeal is taken. The validity of ...
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This proceeding was instituted for the purpose, in effect, of reversing and annulling the action of the county treasurer of Nassau county in canceling certain tax deeds issued to the relator. Said deeds were so canceled because to the warrants issued to the tax receiver was affixed the seal of the board of supervisors of Nassau county instead of the seal of the county as required by the statute. ...
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The defendant, a domestic corporation, had, at the time stated in the complaint, an extensive plant in the city of Amsterdam, 27. Y., where it was engaged in manufacturing carpets and rugs. The plaintiff, one of its employees, while there at work, sustained personal injuries by the bursting of a tank. He brought this action to recover the damages sustained, on the ground that the same were caused...
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The plaintiff leased a restaurant in the city of Hew York to the Houston Restaurant Company for a term of years. In September, 1915, the lessee corporation became insolvent; proceedings to dissolve it were begun; and the defendant was appointed receiver. At that time the arrears of rent were $2,711.30. The receiver remained in possession from September 24,1915, to October 29, 1915, and the rent f...
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This is an action for injuries resulting in death. In August, 1912, the defendant was the owner of a sixteen-story office building then in course of construction in the city of Rochester. An architect in the general service of the defendant prepared the plans and *182 specifications; an engineer in the same service supervised the work. There was no general contractor. Separate contracts for s...
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This action was brought to recover damages for personal injuries caused by the alleged negligence of the defendant. As an affirmative defense a supplemental answer alleged “That on or about the 16th day of August, 1912, the defendant, in good faith, served his verified answer to the complaint herein denying generally the validity of the plaintiff’s claim, and thereafter, and on or about the 10t...
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Action on a promissory note for $20,000, payable to the plaintiffs’ testator and signed in the name of Alexander McDonald, defendant’s intestate, by Edmund K. Stallo, his attorney in fact. The execution and delivery of the note in that form by Stallo in part payment of the purchase price of 125 shares of the stock of the First National Bank of Oneonta were admitted, and the only question to be co...
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This action was brought by plaintiff to recover damages for injuries claimed to have been sustained by him in jumping from the upper story of a *155 building, situate at the southeast corner of State street and Broadway in the city of Albany, the location being a matter of importance. While allegations of negligence and of the maintenance of a nuisance upon the part of and by the defendant are ...
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The plaintiff, by occupation a miner, in the fall of 1911 contemplated a trip to San Francisco and Lima, Peru. He called at the Lyon County National Bank at Yerington, Nevada, and asked for Wells-Fargo travelers’ checks. An officer of the bank recommended to him travelers’ checks issued by defendants and he thereupon purchased seven checks, four for one hundred dollars each, three for fifty dol...
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A provision of the will of Gertrude Vosseler gives rise to the question presented by this appeal. The provision is: “ Third. I give, devise and bequeath all the rest, residue and remainder of my estate, both real and personal, of whatever name or kind, and wheresoever the same may be or is situated, which I now own, am seized or possessed or otherwise interested in or which I may at ...
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This action is brought to subrogate the plaintiff to the right which the Third National Bank of Buffalo had in a certain promissory note on the 23d day of October, 1911, and to recover judgment for the amount of said note, interest and protest fees. The doctrine of subrogation is a device to promote justice. We shall never handle it unwisely if that purpose controls the effort and the resu...
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The plaintiff sues to recover damages resulting from her husband’s death. In November, 1908, the defendant, a contractor, was putting up a building at the Brooklyn Navy Yard. The plaintiff’s intestate, Kaufman, was in his service as an ironworker. A scaffold, held by four ropes, was suspended from the roof. Two ropes were taken from another scaffold used earlier in the day, a third was tak...
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The decedent, John Ziegler, was killed while in the employment of the defendant employer in a class of work and under circumstances which entitled his widow, if one were left, to compensation under the Workmen’s Compensation Law. The respondent, Anna Ziegler, filed a claim for such compensation, alleging that she was such widow, and the principal controversy on the hearing before the commission a...
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The action is upon a promissory note made by the defendants’ testator. After the note was delivered the maker was adjudicated a bankrupt, under the Federal *165 act of 1898, and thereunder received his discharge. A composition was effected, under the provisions of the act, between the bankrupt and his creditors. The plaintiff duly accepted the offer of the composition and the twent...
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It was said in Gilbert v. Williams, 8 Mass. 51, 57, “There is no doubt that for any misfeasance or unreasonable neglect of an attorney, whereby his client suffers a loss, an action may be supported and damages recovered to the amount of that loss.” The plaintiff accordingly had the burden of establishing by competent evidence the fact of negligence or want of reason*378able skill on the part of th...
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By the plaintiffs’ waiver, and because exceptions *393do not lie to the refusal of a master to make findings of fact as requested, only the second, sixteenth, thirty-fourth, thirty-fifth, thirty-sixth, thirty-seventh and thirty-eighth exceptions are before us. Ginn v. Almy, 212 Mass. 486, 496. Warfield v. Adams, 215 Mass. 506, 519. It is settled that funds of a corporation can be lawfully used for...
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The court of probate under R. L. c. 140, § 2, may make allowances for necessaries to the widow for herself and family under her care, and by § 3, cl. 1, where a person dies possessed of property not lawfully disposed of by will, the personal property remaining after “such allowances,” shall be first applied to the payment of the debts of the deceased and the charges of his last *390sickness and fu...
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Leonard Marsh, a resident of Burlington, Vermont, died in August, 1870, leaving a last will dated October 3d, 1868, and a codicil thereto executed October 28th, 1868, which will and codicil were admitted to probate in the state of Vermont on September 16th, 1870, and letters testamentary thereon issued to Anne L. Marsh, his widow, who was named as executrix of the will. The testator left h...
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The defendant was convicted, as a second offender, of the crime of carrying a dangerous weapon, viz., a bludgeon. He appealed from the judgment of conviction to the Appellate Division, second department, where, by a divided court, the judgment was reversed on the law and affirmed on the facts and a new trial ordered. From the order entered to that effect the People appeal to this court. Between...
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The intention of a testator as disclosed by his will and in the light of the circumstances surround *202 ing him at the time it was made should, so far as consistent with the rules of law, control the courts in construing it. It is, as has been said so many times, the cardinal rule in the construction of wills that the intention of the testator should be ascertained if possible. If the inte...
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delivered the opinion of the court: Appellee, J. S. Cameron, for some twenty-five years prior to May, 1915, was the owner and engaged in operating a grain elevator and coal yards situated on the north side of the railroad of appellant at Elliott, in Ford county. The elevator was built partly upon the right of way of appellant and partly upon ground owned by appellee adjoining the right of way. The...
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delivered the opinion of the court: Appellant prosecutes this appeal from a judgment of the county court of McLean county entered on the application of the county collector for general taxes and for a delinquent first installment of a special assessment levied by the city of LeRoy for the construction of a pavement. The first eight objections of appellant filed before the county court set forth, i...
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delivered the opinion of the court: This is a bill in chancery filed by John Rossow to declare him to be the equitable owner of a house and lot in Chebanse, Illinois, and to compel the defendant William G. Peters, who held the legal title, to convey the premises to complainant. The bill was filed in October, 1915. Rossow died in January, 1916, before the cause was. heard, leaving a last will and t...
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delivered the opinion of the court: This appeal is from a judgment of the county court of McLean county, entered on the application of the county collector for a special assessment levied by the city of Le-Roy upon lands of the appellant, Elizabeth McKinnie. The appellant in eight objections stated, in varying language, that her lands were not within the corporate limits of the city of LeRoy, and ...
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delivered the opinion of the court: On the application of the county clerk of McLean county the county court of that county entered an order for judgment of sale against the lands of appellant, John Healea, for a special assessment levied and assessed by the city of LeRoy. The same questions are involved in this case that are involved in People v. McKinnie, (ante, p. 342,) and People v. Rutledge, ...
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delivered the opinion of the court: Upon the application of the county collector the county court of McLean county entered judgment and order of sale against the lands of Prudence Rutledge for a special assessment levied by the city of LeRoy. This case was tried in the county court with the case of People v. McKinnie, (ante, p. 342,) and the records in the two cases, as well as the abstracts and b...
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delivered the opinion of the court: This is a writ of error from this court to review a judgment of the circuit court of Christian county quashing a writ of certiorari and confirming an award of the Industrial Board in favor of James Seddon, such award having been made by said board on review of the decision of the committee of arbitration. Seddon was employed by plaintiff in error in its mines. F...
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delivered the opinion of the court: On the petition of relator filed in this court at the October term thereof, 1916, a writ of habeas corpus was issued to the respondent, as superintendent of the house of correction in the city of Chicago, commanding him, among other things, to show cause of imprisonment of the relator. From the petition and the answer of the respondent it appears that the petiti...
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delivered the opinion of the court: This suit was brought by appellees, as plaintiffs, in the superior court of Cook county, against appellants, as defendants, to recover damages to certain real estate of the plaintiffs on VanBuren street, between Clark and Dearborn streets, in the city of Chicago, by reason of the construction, maintenance and operation of an elevated railroad in front of said pr...
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delivered the opinion of the court: Appellant filed her bill in the circuit court of Cook county against appellee on September 7, 1915, to restrain, him from selling her undivided interests in certain lots in. said county under a judgment and order of sale for delinquent taxes for the year 1914. She averred in the bill that she was the owner of the said undivided interests on April 1, .1914, and t...
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delivered the opinion of the court: Silas Z. Landes died testate in Wabash county May 23, 1910. His son, Bernard S. Landes, was named as executor, accepted the trust, qualified and acted as such executor until July 4, 1914, when he resigned, and appellant, Peter J. Kolb, was appointed administrator de bonis non with the will annexed. On October 5, 1914, appellant filed his bill in the circuit cour...
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delivered the opinion of the court: This is a proceeding for the widening and improvement of Twelfth street from Michigan avenue to Ashland avenue,—a distance of about two miles,—in the city of Chicago, by condemning portions of lands and lots on the south side of the street, and for the levy of an assessment upon property found to be benefited by the improvement to pay the cost. The court overrul...
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delivered the opinion of the court: The city of Chicago instituted proceedings under the Local Improvement act for the improving of Twelfth street by .widening it from Michigan avenue to South Ashland avenue. A strip of land on the south side of the street 68 feet wide in some places, 52 feet wide in some places and 42 feet wide in other places was condemned for the improvement, the cost of which ...
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delivered the opinion of the court: This case comes to this court on a writ of certiorari to review the action of the Appellate Court in dismissing ■ an appeal from an order of the superior court of Cook county denying a writ of mandamus. It is alleged in the petition for mandamus that the defendants in error, the Chicago Telephone Company and W. G. Luscome, its superintendent, maintain and operat...
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delivered the opinion of the court: Plaintiff in error filed in the circuit court of Cook county on December 3, 1913, his amended petition for mandamus against the canvassing board of elections of the city of Chicago, John E. Owens, judge of the county court of Cook county, John W. Beckwith, corporation counsel, and N. R. Piotrowski, city attorney of the city of Chicago, and Anthony Czarnecki, Cha...
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delivered the opinion of the court: This is an appeal from a decree of the circuit court of Cook county forever restraining appellant, James H. Prentiss, from instituting suit against appellee, the Illinois Life Insurance Company, in the State of Missouri or in any other jurisdiction where the right of trial by jury is other or different from the right thereto existing in the State of Illinois, on...
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delivered the opinion of the court : This is an appeal from a decree of the circuit court of Cook county denying partition of real estate in said county described as lot 69 in McCormick’s subdivision of block 3 in Walker’s subdivision of the northeast quarter of section 25, town 39, north, range 13, east of the third principal meridian, and known as No. 2659 West Twenty-second place, Chicago, Illi...
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delivered the opinion of the court: The defendants in error, Adrian E. Cooper and Charles Cooper,' partners under the firm name of Cooper Bros., brought an action of assumpsit in the circuit court of Macoupin county against plaintiff in error, the Brown-Danskin Company, a corporation, and appealed from a judgment in favor of the defendant to the Appellate Court for the Third District, which revers...
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delivered the opinion of the court: Appellants, Harriet J. Strain and Elizabeth S. Richards, filed this bill in the circuit court of Vermilion county against appellees, Evan A. Hinds and Harvey Hinds, seeking the partition of eighty acres of land described and situate in said county and claiming to be the owners in fee of said land subject to the estate of Evan A. Hinds, who, it was alleged, had a...
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delivered the opinion of the court: Appellant, William Webster, as relator, brought this action of mandamus against the city of Chicago and its administrative officers to compel them to remove at the city’s expense ashes produced from burning coal to heat a flat or apartment building owned by relator. The circuit court of Cook county sustained a demurrer to and dismissed the petition. Said court c...
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The first question is whether the plaintiff lost any money at gaming through the use of any of the devices enumerated *413in R. L. c. 99, § 1. The jury on his direct examination would have been warranted in finding, that, accompanied by an acquaintance and subsequent participant, he went to the defendant’s hotel where they passed to the ninth floor and entered certain rooms, which were connected b...
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The plaintiff as assignee can maintain the bill in his own name, and, as he asks for specific performance of the contract which a court of equity only can grant, the remedy at law for money damages is neither adequate nor complete, even if relief in both forms may be concurrently sought in one suit. Pingree v. Coffin, 12 Gray, 288. Connihan v. Thompson, 111 Mass. 270. Seymour v. Freer, 8 Wall. 202...
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Appellee, as administratrix of her deceased husband, recovered judgment against appellant for damages occasioned by his death, which resulted, as alleged, from negligence on the part of the appellant, *209which is a municipal corporation owning and operating an electric light plant for the purpose of lighting its streets and furnishing electricity to private consumers for light and power. At the t...
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After the death of Calvin I. Fletcher a paper dated in 1895 and purporting to be his last will was produced by its custodian and offered for probate. Nellie W. Fletcher, the widow, appeared to this proceeding and filed a petition to resist the probate of the will offered, in which petition she stated that she was the sole and only heir to Calvin I. Fletcher, deceased, and that the will offered for...
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Appellant was tried and convicted on an affidavit charging him with a violation of §8623 Burns 1914, Acts 1907 p. 193, which requires owners or operators of coal mines and other employers of labor to erect and maintain washhouses, etc., for the benefit of their employes. On appeal, he questions the sufficiency of the evidence to sustain his conviction and contends: (1) That as superintendent of a ...
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This is an appeal from judgment on a verdict of guilty under a-charge of petit larceny. There is no recital of the evidence in the brief; and therefore it may be fairly assumed that counsel do not rely for reversal on the general charge that the verdict is contrary to the evidence, and.that it is not sustained by sufficient evidence. As to most of the points stated relating to the admission and ex...
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Appellee brought this action to recover damages for the death of her husband. The complaint is. in ten paragraphs. Each paragraph, except the ninth, is based upon negligence. The ninth paragraph alleges wilful injury by reason of gross negligence. Appellant filed a general denial to each paragraph of complaint, and special affirmative answers to all paragraphs, except the ninth, in which it is all...
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The following facts are disclosed by the record: November 25,1863, Andrew Hoover died testate in Marion county, the owner of an estate therein, consisting of both real and personal property, and including a certain thirty-acre tract of land hereinafter described. June 1, 1859, he executed a will, which was changed somewhat, as hereinafter indicated, and re-executed February 13, 1862. The will afte...
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This case in 'all of its essential features is similar to the case of Globe, etc., Ins. Co. v. Indiana Reduction Co. (1916), 62 Ind. App. 528, 113 N. E. 425. Appellant in this appeal, however, seeks to present two additional propositions: First, that he did not know of the violation of the terms of the policy with respect to the use of gasoline until after the fire; therefore it was not required t...
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This is an appeal from an award, made by the Industrial Board of Indiana in favor of appellee against appellant The record discloses that the award *128in this case was made by the full board on February 1, 1916, and the transcript and assignment of errors were filed in this court on March 25, 1916, more than fifty days after such award. The section of the statute under which this appeal is eviden...
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Appellee has moved to dismiss the appeal for several reasons, among which are the following: (1) It affirmatively appears from the transcript that the alleged bill of exceptions containing the evidence was not filed in open court or in the clerk’s office after it was signed by the judge; that it is shown both by the order book entry and by the certificate of the clerk that such bill of exceptions ...
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Lawrence Szot, while in appellant’s employ, suffered certain physical injuries September 17, 1915, from which in a few days he died, leaving as dependents appellee, his widow, and certain children. The circumstances.under which such injuries were inflicted were such as to entitle decedent’s dependents to compensation under the Workmen’s Compensation Act (Acts 1915 p. 392.) A hearing before the Ind...
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This action was instituted by appellee Samuel A. Jordan and one Aaron G. Jordan against appellants Mary Louise Johnson and her husband, Clark Johnson, and James D. Sisson and his wife, Olive Sisson, for the- specific performance of a contract for the sale and conveyance of real *111estate. Appellant James D. Sisson filed Ms cross-complaint for damages. Each of said pleadings was answered by genera...
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This was a bastardy proceeding under §§1013-1034 Burns 1914, §§978-999 R. S. 1881. On March 9, 1908, the relatrix made complaint before Vinton S. Smith, a justice of the peace of Center township, Hancock county, Indiana, charging appellant with being the father of her child. Such further proceedings were had before such justice of the peace that appellant was adjudged the father, and recognized to...
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— This is an appeal from a judgment in appellee’s favor in an action brought by her' to recover damages for the death of her decedent, Ted Hawkins, alleged to have been caused by appellants’ negligence. The issues of fact were tendered by a complaint in one paragraph and a general denial thereof. A demurrer to the complaint was overruled. " A trial by jury resulted in a verdict for appellee. A mot...
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delivered the opinion of the court: Two bills were filed in the circuit court of Ford county which were afterwards consolidated on the hearing and heard as one case and have been since treated as one proceeding. The first bill was filed by plaintiff in error, Oscar H. Wylie, May 16, 1911, to obtain the direction and advice of said circuit court in the administration of the trust estate of Sherill ...
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delivered the opinion of the court: This is an appeal' from a judgment of the Appellate Court for the First District reversing a judgment of the municipal court of Chicago in favor of the appellant for $72.52. A certificate of importance was granted, reciting, among other grounds, that the question upon which the opinion was based is involved in and decisive of many other suits now pending in the ...
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delivered the opinion of the court: An information was filed in the municipal court of Chicago charging Lewis E. Rice, plaintiff in error, with being unlawfully and knowingly an inmate of a certain house of prostitution and assignation and place for the practice of fornication, prostitution and lewdness. The information was filed under section 57a-! of the Criminal Code. Trial was had in the munic...
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delivered the opinion of the court: The New York Central Railroad Company came into being as a corporation through a consolidation agreement-entered into April 29, 1914, between eleven different railroad companies, two of which were corporations organized under the laws of Illinois. Said two Illinois corporations, the Lake Shore and Michigan Southern Railway Company and the Chicago, Indiana and So...
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delivered the opinion of the court: Emma Keeran, as administratrix of the estate of James A. Keeran, deceased, began an action on the case against the Peoria, Bloomington and Champaign Traction Company to recover damages by reason of the death of her decedent, caused by the negligence of the defendant. The declaration alleged that the decedent was crossing the railway tracks of the defendant at St...
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delivered the opinion of the court: The president and board of trustees of the village of Bradley adopted an ordinance for the construction of a system of brick and tile-pipe sewers in the village of Bradley, with a brick outlet sewer leading from the village to and discharging in the Kankakee river. The village filed a petition in the county court of Kankakee county for the purpose of ascertainin...
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delivered the opinion of the court: Frank Zurek, plaintiff in error, Walter Nowicki and one Kaminski were, charged in the first count of an indictment returned into the criminal court of Cook county with obtaining from John Piniaszek $1910 by means of the confidence game, and in the second count with larceny of that sum of money. Nowicki and Kaminski were not found, but Zurek was tried and upon ev...
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delivered the opinion of the court: This is a writ of error to review a judgment of the circuit court of Cook county approving and confirming an award of compensation by the Industrial Board of Illinois. William S. Peterson, a switchman employed by the Chicago Junction Railway Company, plaintiff in error, sustained a fatal injury on October 9, 1913, in the course of his employment. It is conceded ...
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delivered the opinion of the court: The appellant filed a bill in the circuit court of Cook county for the partition of certain real estate and has appealed from the decree, which dismissed her bill for want of equity after sustaining a demurrer to it. The bill alleged that Nancy E. Welch died seized of the property sought to be partitioned on April 1, 1915, leaving her surviving the complainant a...
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delivered the opinion of the court: The Appellate Court for the First District affirmed the judgment entered in this cause by the municipal court of Chicago and granted a certificate of importance and an appeal to this court. The amended' statement of claim averred that the plaintiff was a corporation organized and existing under and by virtue of the laws of this State; that the Chicago Car. and E...
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delivered the opinion of the court: On December 23, 1914, Hosea W. Wells filed in the superior court of Cook county a petition to contest the election of ten associate judges of the municipal court of Chicago. The petition sets forth that an election was held on November 3, 1914, in the city of Chicago, for the election of ten associate judges of the municipal court of the city of Chicago and that...
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delivered the opinion of the court: The question to be determined in this case is whether a quit-claim deed executed during the period of redemption by the holder óf a certificate of purchase for lands sold for taxes conveys any existing legal or equitable right or title to the grantee. The appellee, John Wells, applied to the circuit court of Cook county to register title in him in fee simple to ...
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delivered the opinion of the court: This was a bill and supplemental bill filed in the circuit court of Cook county, under which a decree of foreclosure was entered. On appeal to the Appellate Court that decree was affirmed. The case has been brought here by petition for certiorari. On February 19, 1870, Samuel J. Walker, now deceased, and Henry H. Walker, the defendant in error, executed and deli...
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This is an action to recover for personal injuries received by the plaintiff while attempting to alight from one of the defendant’s cars at the Sullivan Square Station in Boston. It is not disputed that the plaintiff was a passenger at the time of the accident. Upon conflicting evidence the questions, whether she was in the exercise of due care and whether the defendant’s motorman was negligent, w...
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Against the objection and exception of the plaintiff a witness put upon the stand by the defendant was allowed to testify that he had heard a deceased person say that the plaintiff had made a statement which was in legal effect an admission by the plaintiff that the accident, of which she complains in the action now before us, was the result of her own fault. It is not necessary to state in detail...
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These were two actions of tort, tried together; the first, to recover damages for personal injuries sustained by a child (hereinafter called the plaintiff) by reason of a collision with a street car of the defendant; the second,by the father of the plaintiff to recover damages to him consequent upon the injury to his son. The accident happened July 12,1914, on Highland Avenue running south from Sa...
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The first question presented by this appeal arises out of the action of the trial court in overruling appellant’s demurrer to the second paragraph of appellee’s complaint, on which the case was tried. It appears from that pleading, in substance, that on November 15, 1905, appellant was in possession of, and engaged in operating, an electric street railway system on and over certain of the public s...
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This is an appeal from the award of the full board. The facts sufficiently appear from the finding of facts filed with the record and are as follows: “On the 21st day of October, 1915, the plaintiff was in the employment of the defendant at its factory in the city of Noblesville, Hamilton county, State of Indiana, in the capacity of a moulder at an average weekly wage of $12.00; that on said date ...
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The complaint in this case charges that the plaintiff’s wife is the owner of certain described real estate in Michigan City, Indiana, which was oc-: cupied by plaintiff, his wife and two sons. On May 15, and on other days following, defendant deposited on its right of way, at a point about 200 yards from such dwelling house, large quantities of putrid, decomposed and decaying manure and offal, and...
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This is an appeal from a judgment in appellee’s- favor, based upon the second of three paragraphs of complaint filed by him in the trial court. The material averments of said second paragraph are, in substance, as follows: Prior to October, 1907, appellee was the owner of a 27%-acre farm in Tipton county and, being then old and feeble and unable to farm, sold said farm for $2,800. Maude Spurgeon, ...
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The facts wbicb gave rise to the litigation resulting in this appeal are in substance as follows: On October 29, 1912, Gustav Fritz was in tbe employ of appellant railway company, and while so employed received injuries wbicb resulted in bis death. He left surviving him as heirs and next of kin a widow and four children. Tbe Thrift Trust'Com*202pany was appointed administrator of the estate of sai...
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This is. a suit by appellee against appellant on an alleged contract of insurance upon a horse belonging to appellee. Issues were formed by a complaint in one paragraph and an answer of general denial. The case was tried by the court and on request a special finding of facts was made, on which the court stated conclusions of law in favor of appellee. Appellant’s motion for a new trial was overrule...
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This is a suit by appellant against appellee for damages for personal injuries. Issues were formed by appellant’s complaint and appellee’s answer of general denial. A trial by jury resulted in a verdict for appellee. Judgment was rendered on the verdict from which this appeal was taken. The only error assigned is the overruling of appellant’s motion for a new trial. *1711. *170Appellee contends th...
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This is an appeal from a judgment in appellee’s favor in an action for divorce brought by him against appellant. Appellee has filed a motion to dismiss the appeal, in which- he assigns five grounds therefor, the fifth of which is to the effect that appellant’s briefs so far fail to comply with the rules of the court that no question is presented by them. Our conclusion as to the sufficiency of thi...
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Appellee brought this, action against appellant to recover on a fire insurance policy issued by appellant to appellee on a barn and its contents. On July'27, 1912, while the policy was in force, the property insured was destroyed by fire. A trial resulted in ■a verdict for. appellee for $275. Judgment was rendered on the verdict. The transcript contains a complaint and also an amended complaint. T...
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This is an action by appellee against appellant on a policy of life insurance. Issues were joined and trial was had by the court. At appellant’s request the court made a special finding of facts and stated its conclusion of law thereon. Judgment was thereupon rendered against appellant for $1,170 and costs, from which it appealed and assigned the following errors on which it relies for reversal: T...
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The action is, under a statute of Virginia permitting it, to recover damages for the neglect of the defendant by which the death of plaintiff’s intestate was caused in that state. The Appellate Division reversed the judgment rendered upon the verdict of the jury and granted a new trial. The plaintiff, in appealing to this court, stipulated as required (Code of Civil Procedure, section 190, subd...
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Under the record here a single question merits discussion. It is: Is section 202-a of the Labor Law (Cons. Laws, ch. 31, amd. L. 1910, ch. 352) applicable in an action at common law brought by an employee against his employer to recover damages for negligence arising out of and in the course of the employment. The language of the section is: “ On the trial of any action brought by an employee or ...
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The terms Of sale did not contain a provision that in case the purchaser failed to complete, the *645 property would be again offered for sale at a specified time or place, nor was any statement to this effect made by the referee to the persons attending the sale at the time the property was bid off by Philip. In the absence of such statement in the terms of sale or by the referee at the time t...
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The state industrial commission has awarded claimant in this case compensation for the loss of the use of the right eye, which, under the Workmen’s Compensation Law, is the equivalent of the loss of the eye. The finding of the commission, which was affirmed at the Appellate Division by a divided court, is that the claimant was employed in caulking a water main when “ a chip of lead was acc...
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The parties to this action are both foreign corporations. The action is brought by respondent as assignee to recover a large 'amount alleged to be due on account of commissions upon or participation in certain war contracts with the Russian government, and it was commenced by service of the summons and complaint upon one of the appellant’s officers within the state of New York in accordance wit...
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This is an action for trespass. The complaint demands judgment for a sum of money only. Plaintiff and defendant both claim title to the lands. The defendant claims to have acquired the title of respondent’s testator with covenants of warranty, and quiet enjoyment. Respondent has been notified to defend the action. In an action at law where the plaintiff seeks a money judgment only, he cannot be...
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The Appellate Division of the first department has certified in this case that in its opinion a question of law is involved which ought to be reviewed by the Court of Appeals, as follows: 1. Does the complaint state facts sufficient to constitute a cause of action ? 2. Is there a defect of parties in that the other next of kin of Clement B. Finley are not joined as parties plaintiff i...
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The six thousand dollars was deposited “ as security ” to protect the landlord against loss and damage during the term of the lease as prescribed thereby. Many covenants of the lease, by express agreement of the parties, survive the judgment in the summary proceeding and the execution of the warrant thereon. (Michaels v. Fishel, 169 N. Y. 381, 387; Hall v. Gould, 13 N. Y. 127,134; Anzolo...
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The complaint alleges that the plaintiff and the defendants Hedden and the Northampton Portland Cement Company (the latter through an assignment from one Dunn), as partners, were interested in a contract made with the Vulcanite Portland. Cement Company for the purchase of cement, and that the latter violated this contract. It, therefore, demands damages. Hedden and the Northampton Company are mad...
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delivered the opinion of the court: On April 27, 1916, the appellant mailed to the treasurer of Cook county a cashier’s check for $226.14, with a letter stating as follows: “I remit to you herewith $226.14 on account of my taxes. The balance is withheld on advice of counsel because of objections to the Cook county, forest preserve and sanitary district taxes and twelve cents on the $100 assessed v...
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delivered the opinion of the court: This is an appeal prosecuted by John B. Martin, John J. Martin, Lillie E. Russell, Violet B. Malerich, Isa Marie Wigginton and Marian D. Martin, and certain infants by their guardians ad litem, from a decree of the circuit court of Logan county setting aside, as against the German-American National Bank of Lincoln, Illinois, and certain other judgment creditors ...
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delivered the opinion of the court: The appellant, Mark L. Day, a tax-paver of Cook county, city of Chicago and the Sanitary District of Chicago, paid the taxes levied upon his property for the year 1915 except the county tax, the sanitary district tax, the forest preserve tax and twelve cents on each $100 of the assessed value of his property levied by the city of Chicago, and the county collecto...
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delivered the opinion of the court: This is an appeal by Myra C. Huey from a judgment of the county court of Cook county against her property for the taxes of Cook county, the Sanitary District of Chicago and certain taxes of the city of Chicago for the year 1915. The questions raised in the main are the same as those considered and decided in the case of People v. Day, (ante, p. 543.) There are s...
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delivered the opinion of the court: This was an objection to the application of the county collector of Cook county for judgment against and order of sale of the objector’s property for the non-payment of certain taxes. The taxes objected to were the entire taxes levied for the county, for the Sanitary District of Chicago, for the forest preserve district, and twelve cents of the tax levied on the...
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delivered the opinion of the court: This is an appeal of the N. J. Sandberg Company from the judgment of the county court of Cook county rendered on the hearing of the county collector’s application for judgment against its property 'for the 1915 taxes. The objections to the taxes in this case are, in the main, the same as those urged in People v. Day, (ante, p. 543,) and People v. Huey, (ante, p....
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delivered the opinion of the court: This is an appeal by M. C. Adams and others from a judgment of the county court of Cook county rendered on the hearing of the application of .the county collector for judgment and order of sale against the property of appellants for the taxes of Cook county, the Sanitary District of Chicago and certain taxes of the city of Chicago for the year 1915. Appellants c...
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delivered the opinion of the court: This is an appeal from' a judgment of the county court of Cook county rendered on the hearing of the application of the county collector for judgment against the property of the United Safe Deposit Company, the appellant, for taxes of 1915. • The objections to the taxes and the decision of the court were the same as in the case of People v. Day, {ante, p. 543.) ...
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delivered the opinion of the court: This is an appeal from a judgment of the county court of Cook county overruling appellant’s objections to judgment against his property for certain taxes. The objections were to the same taxes and the judgment of the county court was the same as in People v. Day, (ante, p. 543.) The points argued in this case are the same as those argued in that case and the dec...
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delivered the opinion of the court: This is an appeal from a judgment of the county court of Cook county rendered on the hearing of the application of the county collector for judgment against the property of appellant, Robert J. Gunning, for taxes for the year 1915. The objections to the taxes and the decision of the court were the same as in the cases of People v. Day, (ante, p. 543,) and People...
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delivered the opinion of the court: This is an appeal of Marie A. Raithel from the judgment of the county court of Cook county rendered on the hearing of the application of the county collector for judgment against her property for taxes for the year 1915. The objections to the taxes in this case are in the main the same objections that were urged in the case of People v. Day, (ante, p. 543.) The ...
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delivered the opinion of the court: This is an appeal from a judgment of the county court of Cook county rendered on the hearing of the application of the county collector for judgment against the property of the appellants, Louis W. Hill and Watson P. Davidson, for taxes for the year 1915. The objections to the taxes and the decision of the court were the same as in the case of People v. Day, (an...
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delivered the opinion of the court: This is an appeal from a judgment of the county court of Cook county rendered on the hearing of the application of the county collector for judgment against the property of the appellant, Emil Reinhold, for taxes for the year 1915. The objections to the taxes and the decision of the court were the same as in the case of People v. Day, (ante, p. 543,) and the dec...
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delivered the opinion of the court: This is an appeal by George D. Rumsey from a judgment of the county court of Cook county rendered on the hearing of the application of the county collector for judgment and order of sale against the property of appellant for the taxes of Cook county, the Sanitary District of Chicago and certain taxes of the city of Chicago for the year 1915. The questions raised...
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delivered the opinion of the court: This is an appeal from a judgment of the county court of Cook county overruling certain objections of appellant to a judgment and order of sale of appellant’s property for non-payment of taxes. The objections are the same and to the same taxes as in the case of People v. Day, (ante, p. 543,) and the decision in that case decides all questions here, raised. The j...
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delivered the opinion of the court: This is an appeal of Daniel F. Crilly from the judgment of the county court of Cook county against his property for the taxes of Cook county, the taxes of the Sanitary District of Chicago and certain taxes of the city of Chicago for the year 1915. The objections to the taxes and the decision of the trial court are the same as in the case of People v. Day, (ante,...
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This is an action by the holder upon a note for $200 signed by the defendant, dated July 21, 1915, payable ninety days *74after date at any national bank, to the order of Charles S. Bazirgan, and indorsed by him in blank. The defence was that the plaintiff was not a holder in due course and that the note was given without consideration. At the trial the plaintiff introduced in evidence the note in...
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— Appellee brought this action in the Hamilton Circuit Court against appellant to recover damages for personal injuries sustained in a collision between one of appellant’s interurban cars and an automobile in which she was riding. The collision occurred on September 10, 1913, at 5:30 in the afternoon, at a highway grade crossing. The venue was changed to the Clinton Circuit Court, where- a trial r...
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The records in this court disclose that on September 15, 1915, appellee obtained a judgment in the Marion Superior Court, divorcing her from appellant, granting her $5,000 alimony and the custody of their child; that on February 14, 1916, the judgment was modified as to the alimony and the custody of such child; that appellant undertook to prosecute an appeal from such judgment, and to that end fi...
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(concurring in result). The burden was upon. the defendants railway company and city to show that the poles were in the traveled part of the street by virtue^ of legislative authority, directly or representatively given. Proof tending to so show was not produced. Authority was not expressly given. Authority to electrify was not in any measure authority to so appropriate the streets by placing the...
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A majority of the members of the board of fire commissioners of the defendant, acting under the provisions of its city charter (St. 1902, c. 393, § 28) sought to remove the chief engineer of the fire department, who had previously refused to resign in compliance with the request of the board and demanded a hearing as provided for by § 28 of the charter. Afterwards it was voted by the board that he...
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The action is tort for libel, and the demurrer admits all the essential allegations of the declaration, from which it appears that at the time of publication the plaintiff was and has since continued to be an attorney at law engaged in the active practice of his profession in this Commonwealth. It cannot be doubted that the accusations, that he invited and allowed a vile and disreputable woman to ...
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— Appellees were prosecuted for violating the “Corrupt Practices Act” in an affidavit charging that appellees were officers and directors of the Terre Haute Brewing Company, a corporation organized under the laws of the state, and alleging that said corporation contributed .to one Jess Bolinger, who was then and there treasurer of a public organization in Curry township, said county, known and des...
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On October 30, 1915, by indictment, appellee was charged with having violated what is known as the “Corrupt Practices Act,” as defined by §7111d Burns 1914, Acts 1913 p. 489. Appellee’s motion to quash the indictment was sustained, and from a judgment discharging appellee the state appeals. The indictment, in substance, charges that The Terre Haute Brewing Company, a private corporation, did make ...
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— Appellee sued appellant for the recovery of a penalty provided by statute of Indiana, in §§5780, 5781 Burns 1914, Acts 1885 p. 151, for failure to deliver a telegram “with impartiality and good faith, and in the order of time in which it was received.” Appellant also filed a second paragraph of complaint seeking to recover special damages; but this paragraph was dismissed before the trial. 1. A ...
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Appellant was tried and convicted on an indictment which charges him with violation of §2322 Burns 1914, Acts 1913 p. 119. In prosecuting this appeal he assigns error in the overruling of his motion for a new trial and, under this assignment, first challenges the action of the circuit court in refusing to give his' requested instruction No. 13. In order more readily to understand the purpose of th...
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On September 11, 1912, John F. Cannon, John R. Goyer, and other landowners in Howard county, filed a petition with the Howard Circuit Court for the establishment and construction of a certain public drain in said county. Such further proceedings-were had in the premises as resulted in a judgment of the circuit court in which the drain was established in accordance with the report of the drainage c...
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Appellee filed his complaint in the court *326below against appellants on a promissory note and to enforce a vendor’s lien. So much, of such complaint as is necessary for the determination of the questions raised with reference thereto is substantially as follows: That on January 31, 1912, appellee Edward Payne and Lafe Bell sold and conveyed to the appellant, Clarence H. Beard, by their warranty ...
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— Appellee instituted this action to recover damages for a personal injury received while in *323the employ of appellant as a workman in its coal mine, and resulting from appellant’s alleged negligence. The verdict and judgment was for appellee in the sum of $450. The following errors are assigned: (1) That the court erred in overruling the demurrer to the complaint; (2) that the complaint does no...
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The appellee, a corporation, Instituted this action against appellant to recover an alleged indebtedness and to foreclose a chattel mortgage given to secure part of the indebtedness. The court found for appellee and rendered judgment for $976.74 and a decree of foreclosure. The only error assigned is predicated on the overruling of the motion for a new trial. 1. The clerk’s certificate to the tran...
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This suit was brought by appellant against appellee Cline on August 8,1914, to replevy certain merchandise alleged to be the property of appellant and to be unlawfully detained in the possession of said Cline in Lake county, Indiana. On September 18, 1914, appellee Surprise, as trustee in bankruptcy of appellee Cline, filed an intervening petition in this cause in the Lake Superior Court, was made...
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This is an action brought by appellees, except Ellen Pierce, against appellant to quiet title to certain real estate and for possession thereof. The complaint is in two paragraphs, the first of which sets out the source of appellees’ alleged title, and the second paragraph omits such allegations. Appellant filed her demurrer to the first paragraph of complaint for want of facts, with memorandum, w...
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On November 16, 1910, appellants, who are husband and wife, were engaged in the business of buying and selling poultry and produce in Bartholomew county, Indiana. Frank S. McNeal and Ralph O. Boyer, as partners, were at the same time engaged in the same business in said county, and on said day entered into a written contract with appellants, which, substituting “B & B” for the names of Bennett and...
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On February 19, 1914, the appellant in each of the above entitled causes filed in the Orange Circuit Court his verified complaint supplementary to execution in which it was sought to have appellee brought into court under §859 et seq. Burns 1914, §816 et seq. R. S. 1881, to answer relative to the charge made in such complaints that he, appellee, was the *317owner of certain personal property there...
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Appellant John G. Webb brought this suit against appellee, and made tbe appellant George H. Holzbog a party to answer to bis interest in tbe controversy. Appellant Holzbog filed a cross-complaint against appellee. Tbe trial court sustained a demurrer to tbe amended complaint, and also to tbe cross-complaint. Each of tbe appellants excepted to tbe rulings of tbe court, refused to plead over, and el...
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— This action was commenced in a justice of the peace court to recover damages for breach of contract of hire. Prom the judgment there recovered appellant appealed to the Delaware Circuit Court from which the cause was transferred to the court below. A second paragraph of complaint was filed in the Delaware Circuit Court. There was a trial by jury, verdict and judgment for appellee for $120 damage...
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Appellee instituted this action against appellant to recover on a policy of fire insurance. A demurrer to each paragraph of complaint on the ground that neither stated facts sufficient to constitute a cause of action was overruled. An answer in four paragraphs was filed, and appellee’s demurrer to the second, third and fourth paragraphs was overruled. Appellee replied in four paragraphs. A demurre...
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For some years prior to her death Samantha J. Shoup was engaged in the business of propagating and selling goldfish with Maggie M. Irvin (formerly Maggie M. Heck) and Chester Heck under the firm name of Shoup and Heck. 1. Appellee, as surviving partner, filed her final report, ratified and consented to by her surviving copartner, of the partnership business, in which she charged herself with $593....
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delivered the. opinion of the court: The superior court of Cook county overruled a demurrer to a bill and supplemental bill of complaint to have declared unconstitutional the act of the General Assembly entitled “An act to provide for the formation and disbursement of a pension fund in counties having a population of 150,000 or more inhabitants, for the benefit of officers and employees in the ser...
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delivered the opinion of the court: C. C. Leonard, appellant, a resident tax-payer of the city of Metropolis, Illinois, filed his bill in the circuit court of Massac county seeking to enjoin said city of Metropolis and its officers from issuing $82,000 in public utility certificates and securing the payment of the same by a mortgage on its present light and water plant and on contemplated extensio...
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delivered the opinion of the court: This was an action brought by the administratrix of the estate of Adam Spiehs, deceased, against the receiver of the Chicago and Oak Park Elevated Railroad Company, for damages for the death of said Spiehs, employed as a gateman by said company, which death is alleged to have occurred while in the performance of his duties at a railroad crossing, August 28, 1912...
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delivered the opinion of the court: We are called upon in this case to decide whether one who practices osteopathy pursuant to the certificate of the State Board of Health authorizing him to treat human ailments without the use of medicine and without performing surgical operations is a physician entitled to registration under section 15 of the act “to provide for the registration of all births, s...
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delivered the opinion of the court: Carlo Criolo, appellee, was arrested and fined by a justice of the peace for the violation of an ordinance of the city of Marion. He took an appeal to the county court of Williamson county, where the case was heard upon an agreed statement of facts and the court found him not guilty. The county court having certified that the validity of an ordinance is involved...
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delivered the opinion of the court: The Casparis Stone Company owns and operates a limestone quarry about two miles south of Fairmount, in Vermilion county. In June, 1914, Ira Goodwin was employed in said quarry, and it is alleged that on June 30 he was injured in the course of such employment. After the injury he was taken to his home and placed in the care of his family physician, Dr. W. H. Good...
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delivered the opinion of the court: Appellant, John S. Rylands, filed his bill in chancery in the circuit court of Cook county in behalf of himself and all other tax-payers similarly situated, against appellees, the board of trustees of the Sanitary District of Chicago, to enjoin said trustees from expending the funds of the district. in the erection of three bridges, across the main channel of th...
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delivered the opinion of the court: The Panther Creek Drainage District, in Woodford county, was organized under the Levee act by an order of the county court of that county entered February 21, 1916. On April 10, 1916, the commissioners of said district filed in said court the commissioners’ roll of assessments of benefits and damages, and gave notice, as provided by section 17a of said act, that...
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delivered the opinion of the court: On September 22, 1915, Joseph Hausknecht applied for adjustment of a claim which he made for an injury alleged to have occurred on January 5, 1915, while he was in the employ of the Albaugh-Dover Company, the plaintiff in error. There was a hearing before an arbitrator on October 20, 1915, and on October 29, 1915, the arbitrator filed with the Industrial Board h...
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delivered the opinion of the court: On November 22, 1915, the appellee, Theresa Di Rosa, filed her bill of complaint in the circuit court of Cook county against her daughter, the appellant, Maria Concetta Di Rosa Sammarco, alleging that on July 26, 1907, the complainant purchased with her own money a lot in Chicago and on June 22, 1911, conveyed the same to the defendant by a warranty deed express...
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delivered the opinion of the court: The question to be decided in this case is whether section 23 of “An act to revise the law in relation to charities,” approved June 11, 1912, (Laws of 1911-12, p. 66,) is constitutional or not. The Board of Administration, for the use of the Watertown State Hospital, presented a claim against the estate of William O’Brien for his support in the Watertown hospita...
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delivered the opinion of the court: Dela Hettick, the appellee, (now Dela Hettick Close,) filed her bill in the circuit court of Macoupin county to set • aside the joint and several will of her parents. Sarah J. Hettick, the mother, died March i, 1910, seized of 145 acres of land near Scottville, in Macoupin county. James M. Hettick, the father, died September 18, 1911, possessed of approximately ...
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delivered the opinion Of the court: Thomas Kearney and Henry Becker, plaintiffs in error, sued defendant in error in assumpsit in the circuit court of St. Clair county. The declaration consists of the common counts, only, with this bill of particulars: “This suit is brought to recover from the defendant the sum of, to-wit, $2000, with lawful interest from the 18th day of January, A. D. 1913, to da...
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delivered the opinion of the court: Appellee, the village of Middletown, brought suit in the circuit court of Logan county against appellant, James A. Glenn, in an action of debt to recover a penalty provided by ordinance of the appellee village for obstructing a public street. The declaration averred that notice had been given appellant to remove the obstruction, which consisted of a fence, and r...
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delivered the opinion of the court: Appellee, F. Eva Conklin, recovered a judgment for $200 in the circuit court of Pike county against appellants, George R. Newman and Lee Newman, in an action of trespass quare clausum fregit. Appellants prosecuted an appeal from that judgment to the Appellate Court for the Third District, but the Appellate Court transferred the appeal to this court. The declarat...
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delivered the opinion of the court: Relator, William A. Zeno, of the city of Chicago, filed his petition in this court praying for a writ of mandamus to compel respondent, the Illinois State Board of Dental Examiners, to expunge from its records an alleged void finding and resolution revoking his license to practice dentistry in this State. It is averred in the petition that the act of 1881 entitl...
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delivered the opinion of the court: Appellee, J. Hillis Boos, county treasurer and ex -officio county collector of Jackson county, made his application at the June term, 1916, to the county court of Jackson county for judgment and order of sale of the property of appellant, the St. Louis, Iron Mountain and Southern Railway Company, for delinquent road and bridge taxes in the townships of Degognia,...
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delivered the opinion of the court: This was a proceeding under the Workmen’s Compensation act to recover compensation on account of the accidental death of Henry Hunley while employed by plaintiff in error. The board of arbitrators appointed under the act found againsCthe plaintiff in error. On review before the Industrial Board it was stipulated by the parties, and the board so found, that Hunle...
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delivered the opinion of the court: Patrick O’Connell died testate in Woodford county on January 21, 1898. On November 2; 1899, his executor filed a bill in the circuit court of Woodford county for the construction of his last will and testament. John O’Connell and James O’Connell, plaintiffs in error, are grandsons and devisees of the testator. At the time of the hearing of the bill for the const...
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delivered the opinion of the court: William George Paul, appellant, filed his bill for divorce in the circuit court of Cook county against Josephine Paul, ■ appellee, in which he alleged that he and appellee were lawfully joined in marriage on December 19, 1907. The bill was sworn to. Thereafter appellee answered admitting the marriage but denying all the charges in the bill, and filed a cross-bil...
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delivered the opinion of the court: Appellant brought an action in the municipal court of Chicago against the appellee, based on the Carmack amendment to the Hepburn act, for damages sustained by him on a shipment of sheep. The defense interposed was that appellee was not the initial carrier; that the shipment was an inter-State shipment and originated at Evergreen, Idaho, on the line of the Pacif...
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delivered the opinion of the court : Appellant, Minnie C. Aloe, (formerly Minnie C. Wit-beck,) filed her bill in chancery in the superior court of Cook county for assignment of dower in the undivided one-half of certain real estate of which it was claimed her former husband, Frank M. Witbeck, had been seized during coverture of a base or determinable fee under the last will and testament of Henry ...
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delivered the opinion of the court: Appellant, Henry W. Boerner, a dram-shop keeper in the city of Chicago, on behalf of himself and all others similarly situated, filed his bill in the superior court of Cook county January 25, 1916, seeking to enjoin appellees, the mayor and superintendent of police of said city, from interfering with the owners of dram-shops in the opening, operating and conduct...
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delivered the opinion of the court: This was a bill filed in the circuit court of DuPage county seeking to enjoin the village of Downers Grove, in said county, from enforcing a certain ordinance passed by said village August 14, 1916, regulating the use of wagons, motor vehicles, motor bicycles and other vehicles in said village and requiring the payment of a license fee therefor. The complainants...
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delivered the opinion of the court: Plaintiffs in error filed their bill in the circuit court of Vermilion county for the partition of thirty-seven acres of land situated in said county. Defendants in error answered the bill and a replication was filed to the answer. The master in chancery to whom the cause was referred for proof and findings made a report on the evidence taken before him and reco...
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delivered the opinion of the court: This is a writ of error to review a decree of the circuit court of Franklin county entered at the May term, 1904, in a suit for partition in which William R. Ward, Robert R. Ward, Parlee Baxter, Luke Baxter and Jesse T. Baxter, Jr., were complainants, and Guy Williams, Pearl Williams, Harry Williams, W. E. Mabry, J. M. Strain and Jane Cypher were defendants. The...
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delivered the opinion of the court: On October 11, 1912, the defendant in error, Emily C. Woodruff, of the city of Rockford, Illinois, entered into a contract with plaintiff in error, John Day, of Lancaster, Wisconsin, for the exchange of certain property which she owned, consisting of a flat-building in the city of Rockford and a 40-acre tract of land situated in Otero county, near Lajunta, Color...
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delivered the opinion of the court : Plaintiff in error, Harry Osborne, was convicted in the circuit court of Peoria county of an assault with a deadly weapon with intent to kill. The indictment consists of two counts. The first count charges that plaintiff in error “with force and arms in and upon one Daniel Smith, in the peace of the people then and there being, with a certain dangerous weapon, ...
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delivered the opinion of the court: The appellant, Helen H. Brandenburg, filed her bill of complaint in the circuit court of Cook county on November 2, 1915, against appellee, Eric Lager, to enjoin him from erecting certain parts of an apartment building in violation of the building line restriction contained in the deeds under which he and the other parties owning lots in the block in question ac...
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delivered the opinion of the court: The county court of Cook county, at its.August term, 1916, rendered judgment and order of sale against the property of appellant for delinquent taxes for the year 19x5 and former years. The objections filed by appellant in the county court challenged the right of appellee to collect or have judgment for any part of the taxes levied by Cook county, the Sanitary D...
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delivered the opinion of the court: Paul J. Daemicke appealed from the judgment of the county court of Cook county against his property for taxes for the year 1915. The questions raised here have been decided in the cases of People v. Day, 277 Ill. 543, and People v. Huey, 277 id. 561, except one objection to the items of $200,000 levied by the city of Chicago for the firemen’s pension fund and $5...
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delivered the opinion of the court: James B. Waller, Jr., appellant, filed objections to the application of the county collector of Cook county for judgments and orders of sale of appellant’s property for the nonpayment of certain taxes. The unpaid taxes to which appellant filed objections are all the taxes of Cook county, all taxes for the Sanitary District of Chicago and for the forest preserve ...
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delivered the opinion of the court: This is an appeal from a judgment of the county court of Cook county rendered on the hearing of the application of the county collector for judgment against the property of the appellant, Elsa Madlener, for taxes for the year 1915. The objections to the taxes and the decision of the court were the same as in the case of People v. Daemicke, (ante, p. 53.) The bri...
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delivered the opinion of the court: An indictment was returned against plaintiff in error by the grand jury of the circuit court of Montgomery county at the April term thereof, said indictment containing eight counts, five of the counts charging plaintiff in error with embezzling the money of Robert Saxby, Jr., and three of the counts charging him with obtaining a check from Saxby by means and use...
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delivered the opinion of the court: This is an appeal from a judgment of the circuit court of Sangamon county entered April 27, 1916, affirming an order made by the State Public Utilities Commission on October 8, 1914, disapproving a proposed increase of rates by appellants on intra-State shipments of grain and grain products in the State of Illinois. Appellants and other railroad companies filed ...
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delivered the opinion of the court': Defendant in error Peter Manojovich, while an employee in the service of T. J. Forschner & Co., plaintiff in error, received an injury resulting in the loss of both his legs below the knees. He made claim for compensation under the Workmen’s Compensation act, and on December 13, 1915, was awarded by a committee of arbitration $2000, less $54 already paid, said ...
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The plaintiff, a- foreign corporation, has its principal place of business in Scranton, Pennsylvania. From there it gives instruction by correspondence. It has agencies in New York in charge of division superintendents and assistants. Their sole duty is to solicit pupils, whose applications for membership must be sent to the home office for acceptance. No contracts are closed here. No instructi...
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The plaintiff, a resident of this state, has brought suit against the Susquehanna Coal Company, a Pennsylvania corporation. The defendant’s principal office is in Philadelphia ; but it has a branch office in New York, which is in charge of one Peterson. Peterson’s duties are described by the defendant as those of a sales agent. He has eight.salesmen under him, who are subject to his orders. A s...
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This bill is brought to enjoin the defendant city from maintaining a culvert across the highway leading from Holyoke to the town of Easthampton and for damages heretofore caused by it to the land of the plaintiff. We assume that this highway runs north and south. The plaintiff owns a lot of land which butts on the westerly side of this highway. A “stream of water” starts from a spring or springs s...
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This was a charge of violating the Corrupt Practices Act of 1911, as amended by §7 of the act of 1913, Acts 1913 p. 489, 502, §7111k Burns 1914. This section was erroneously copied into Burns’ Statutes. The charge in this indictment was that -appellee “did then and there unlawfully and feloniously, directly and indirectly, by himself and others, give, offer and promise to John R. Beach money, gift...
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— Appellee Lillis brought this action in May, 1907, to quiet title to lots Nos. 1 to 9, inclusive, in block No. 13 in the Chicago, Tolleston Land and Investment Company’s Fourth Addition to Tolleston and to two other lots in another addition, all of such real estate being situated in what is now the city of Gary, Indiana. Upon a trial a decree was rendered in favor of Lillis and against the severa...
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The same questions are presented by this appeal as were presented and decided in the case of State v. McCrocklin (1917), ante 277, 115 N. E. 929, at the present term of this court. On the authority of that case the judgment herein is affirmed....
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*4851. 2. *484Appellee brought this action to recover damages for personal injuries sustained by him in a collision between a chemical fire engine, on which he was at the time employed as the driver, and a construction or work car then owned and operated by appellant. The collision occurred at the intersection of Illinois and Maryland streets in the city of Indianapolis at a time when the fire app...
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This is an-appeal from a judgment in appellees’ favor disapproving a current report made by appellant as administrator, with the will annexed, of the estate of John C. Daily, deceased. The issues of fact were presented by such report and appellees’ ex*423ceptions thereto, in which they objected to credit being taken and allowed on account of certain vouchers filed therewith. There was a trial by t...
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Appellant was tried and convicted of involuntary manslaughter in unlawfully causing the death of Ella J. Weaver. The indictment is in three counts, of which the first charges, in substance, that appellant, on February 17, 1915, drove and operated an automobile on and over Meridian street, in a residence portion of the city of Indianapolis, at a rate of speed exceeding fifteen miles an hour, thus v...
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Appellee filed in the Marshall Circuit .Court a complaint in one paragraph in which he alleges *358that appellant “is indebted to him the said plaintiff in the sum of two hundred forty-two 96/100 dollars, in this to.wit: That on the 6th day of October, 1912, the * * * defendant purchased of the * * * plaintiff certain goods, wares and merchandise at and for the price above mentioned and * * * ' pl...
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The appellee filed in the St. Joseph Superior Court a complaint in one paragraph, which, omitting caption, is as follows: “The plaintiff complains of the defendants and alleges: That on the - day of August, 1910, one Frank Horka and Dora Horka, were indebted to this plaintiff in the sum of Eight Hundred ( * * * ) Dollars. That on said day the said *389Frank Wieezorek paid said sum of money to said...
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This was an action for damages for personal injuries received by appellee while employed as a driver in appellant’s coal mine. From a judgment in appellee’s favor for $750 appellant appeals and assigns as error the overruling of its motion for a new trial. The second paragraph of complaint on which the cause was tried is predicated on the act of 1911. Acts 1911 p. 145, §8020a et seq. Burns 1914. A...
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This is a suit by appellant against appellee for damages caused by delay in the shipment of two automobiles from Detroit, Michigan, to Evansville, Indiana, over the lines of appellee and other railroad companies. The complaint was in two paragraphs, each of which was answered by general denial. The court made a general finding for appellee, overruled appellant’s motion for a new trial and rendered...
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Appellant filed bis complaint in tbe court below on April 5, 1913, for a new trial after term, under §589 Burns 1914, §563 R. S. 1881. Appellee filed a demurrer thereto for want. of facts, wbicb was sustained. Appellant refused to plead further, and judgment was thereupon rendered against *214him that he take nothing by his action, and for costs. This appeal is prosecuted for a reversal of such ju...
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On October 21, 1913, appellant filed in the St. Joseph Superior Court a complaint in two paragraphs, naming as defendants therein, “Reuben O. Myers, Arthur Walton, Partners doing business under the name and style of Myers Bros.” The material averments of the first paragraph are as follows: The defendants were on July 10, 1913, and for more than six months prior thereto, engaged in business togethe...
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The appellee has moved to dismiss this appeal for the following reasons, viz.: (1) The transcript was not filed in this court in ninety days from the time the. appeal bond was filed; (2) the transcript is not duly authenticated by the certificate of the clerk; (3) -the briefs of appellant do not comply with the rules of the court in the following particulars: (a) the errors assigned are not set fo...
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The complaint discloses that on June 9, 1913, at about five o’clock p.m., John H. Prohl, appellee’s decedent, was driving an automobile eastward along Clinton street, in the city of Hammond, approaching the point where appellant’s railroad intersects said street; that as he neared the crossing certain safety gates that were being maintained and operated by appellant were lowered so' that thereby h...
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*469On Petition for Rehearing. 19. Appellees insist that the complaint or petition does not state a cause of action, and that as a consequence this court should have carried the demurrers filed to the answers back to the complaint and sustained them to the latter. Appellees’ contention is based on the assumption that the complaint discloses that appellees and their mother, Virginia A. Hayward, cha...
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1. Demurrers to the original bill of July 17, 1914, were sustained, first, on the ground that the bill did not allege reasonable application to the directors to institute proceedings for the recovery of the losses suffered by the corporation. Bartlett v. New York, New Haven, & Hartford Railroad, 221 Mass. 530. The plaintiffs contend that this objection has been met by the allegations of their amen...
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Plaintiffs were the owners of adjoining parcels of land situate in the city of Buffalo and title to which was acquired by the grade crossing commission in condemnation proceedings. One of these parcels was unincumbered; the other was incumbered by two mortgages which in the aggregate amounted to much more than the value of the land and for the payment of which mortgages the plaintiffs were not pe...
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The action is to recover the damages caused by the alleged negligence of the defendant in that it did not duly present to the maker for payment a promissory note, bearing indorsements, owned by the plaintiff. (See Gilpin v. Savage, 201 N. Y. 167.) While several grounds are cogently urged by the respondent as sustaining the reversal of the judgment of the Trial Term by the Appellate Division, ...
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The defendants are partners in the pipe fitting business under the name of Newbury Manufacturing Company. The plaintiff is a contractor and builder residing at Tuxedo, N. Y. The parties had the following correspondence about the erection for the defendants of a concrete mill building at Monroe, N. Y. *381 “Alexander Stewart, “ Contractor and Builder, “ Tuxedo, ...
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The action is to establish the existence and validity of, and permanently restrain the defendant from interfering with, an alleged franchise from the defendant to the plaintiff. The Appellate Division reversed the judgment of the Special Term dismissing the complaint upon the merits, and directed judgment in favor of the plaintiff. Therein it erred. On December 8, 1897, one Edwards contracted i...
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On February 7th; 1915, the manufactory of Ike Lipshitz at FTo. 441 Blake avenue, Brooklyn, N. Y., where he conducted the business of manufacturing shirt waists, was broken into and thirteen sewing machines stolen. On the following day some of these machines were found at Fío. 434 West Broadway, FTew York City, in the premises of the defendant, George Minkowitz, where he conducted a second-hand ...
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Conrad Vreeland, a Baptist minister and a resident of New Jersey, died seized of New York real estate worth $11,300, of real estate in New Jersey worth $52,590, and of personalty in New Jersey worth $17,000. He left no debts. He gave his wife $50 a month in lieu of dower. By the fourth and fifth items of his will, he gave all of his property, both real and personal, to charity in the words...
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The action is brought to foreclose a mechanic’s lien. The plaintiff, a sub-contractor, furnished labor and materials to the defendant Cooper & Evans Company, which had a contract with the city of New York for a public improvement. The complaint alleges that the defendant undertook to make advances to the plaintiff during the progress of the work; that it kept its promise for a time; but that in...
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The authority of the surrogate to revoke letters of guardianship is conferred by section 2569, Code of Civil Procedure (former section 2832), which section contains several separately numbered subdivisions enumerating the causes for which an order of revocation may be made. Section 2570 requires that the proceeding for revocation must be instituted by petition which must set forth the facts showi...
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On the 30th of November, 1915, Leon Hammond, while performing his duties as a call fireman in the city of Fulton, N. Y., received injuries from which he died shortly thereafter. His widow was appointed administratrix of his estate and as such presented a claim, by reason of his death, to the city for $2,500. The claim was rejected and she subsequently *340 presented a petition, in pursuance of ...
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The county clerk of Queens county, under the direction of the state board of tax commissioners, made claim that a certain instrument, recorded in his office by the Metropolitan Trust Company of the city of New York, was a mortgage within the meaning of article XI of the Tax Law, and that a recording tax was due thereon. This tax the trust company paid under protest. Some months later, on Octobe...
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The decision of the Appellate Division was not y ua.r....
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The judgment and order of the Appellate Division should be reversed and the judgment of the Court of General Sessions affirmed. Held, 1. The trial court having found upon sufficient evidence that it was satisfactorily shown that the witness whose deposition was received in evidence against the defendant could not with due diligence be found within the State, that question may not be reviewed ...
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The act of the general assembly, passed May 7, 1915 (106 O. L., 246), entitled “An act to provide for the listing and valuation of property for purposes of taxation and to repeal certain sections of the General Code, relating thereto,” confers no authority upon county boards of revi*452sion to originally assess property for taxation, nor to increase or decrease valuations of real estate not apprai...
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The relator, John C. Heald, as a citizen, taxpayer and owner of real estate in the city of Cleveland,-on August 17, 1916, brought an action in the court of common pleas of Cuyahoga county to enjoin John A. Zangerle, one of the plaintiffs in error, as auditor of that county, from placing upon the tax duplicate of Cuyahoga county for the year 1916 any valuations of real estate fixed by the assessors...
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Section 5649-1, General Code, specifically requires the taxing authorities of every taxing district to levy a' tax sufficient to provide for sinking fund and interest purposes. This tax must be levied regardless of other needs. Rabe et al. v. Board of Education, 88 Ohio St., 403. Under the provisions, of Section 4513, General Code, it is the duty of the trustees- of the sinking fund to certify to ...
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This suit was brought by appellants against appellees to quiet the title to certain real estate in Wabash and Huntington counties, Indiana. Issues' were formed by a general denial to the complaint and by an agreement that all defenses might be made under such denial. On due request the court made a special finding of facts and stated conclusions of law thereon, which were in favor of appellees. Th...
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delivered the opinion of the court: Defendants in error recovered a judgment in the municipal court of Chicago against plaintiff in error, the Acme Automatic Printing Company. On motion of defendants in error the Appellate Court for the First District dismissed the appeal of plaintiff in error from that judgment, assigning as the reason for its action that the appeal was not perfected from a final...
Views: 0
Motion granted and appeal dismissed, with costs, and ten dollars costs of motion. ...
Views: 0
Motions for re-argument and to amend remittitur. (See 219 N. Y. 150.) Motion for re-argument denied, with ten dollars costs. Motion to amend remittitur granted to the extent of inserting therein a statement to the effect that the judgment of the Appellate Division is affirmed solely upon the grounds set forth in the opinion of this court. ...
Views: 0
Judgment of conviction affirmed; no opinion. Concur: Hiscock, Ch. J., Chase, Collin, Caedozo, Pound, McLaughlin and Andrews, JJ. ...
Views: 0
Order affirmed, with costs, and question certified answered in the affirmative; no opinion. Concur: Hiscock, Oh. J., Chase, Collin, Cuddeback, Hogan, Oardozo and Pound, JJ. ...
Views: 0
Judgment affirmed, with costs; no opinion. Concur: Chase, Collin, Cuddebaok, Hogan, Cardozo, Pound and Crane, JJ. ...
Views: 0
Judgment affirmed, with costs; no opinion. Concur: Hiscogk, Chase, Collin, Cuddeback, Hogan, Cardozo and Round, JJ. ...
Views: 0
Motion for re-argument denied, with ten dollars costs. (See219 N.Y. 483.)...
Views: 0
Judgment affirmed, with costs; no opinion. Concur: Hiscock, Ch. J., Chase, Collin, Cardozo, Pound, McLaughlin and Andrews, JJ. ...
Views: 0
Motion granted and appeal dismissed, with costs and ten dollars costs of motion. The appellant did not raise the question which he desires to present to this court in a manner which survived the unanimous affirmance. ...
Views: 0
Motion granted and appeal dismissed, with costs, and ten dollars costs of motion. ...
Views: 0
Order affirmed, with costs; no opinion. Concur: Hisoook, Ch. J., Collin, Ouddeback, Hogan, Oardozo and Pound, JJ. Absent: Chase, J. ...
Views: 0
Order affirmed, with costs; no opinion. Concur: Hiscock, Ch. J., Chase, Collin, Hogan and Cardozo, JJ. Dissenting: Cuddeback and Pound, JJ. ...
Views: 2
Motion denied, with ten dollars costs. ...
Views: 0
Judgment affirmed, with costs; no opinion. Concur: Hiscock, Ch. J., Collin, Hogan, Cardozo, Pound, McLaughlin and Crane, JJ. ...
Views: 0
Judgment affirmed, with costs; no opinion. Concur: Hiscock, Oh. J., Chase, Collin, Cuddeback, Hogan, Cardozo and Pound, JJ. ...
Views: 0
Judgment affirmed, with costs; no opinion. Concur: Hiscock, Ch. J., Chase, Collin, Cuddebaok, Hogan, Cardozo and Crane, JJ. ...
Views: 0
Order affirmed, with costs, and question certified answered in the negative; no opinion. Concur: Hiscock, Ch. J., Chase, Collin, Ouddeback, Hogan, Cardozo and Pound, JJ. ...
Views: 2
Order affirmed, with costs; no opinion. Concur: Hiscook, Ch. J., Chase, Collin, Cuddebaok, Hogan, Cardozo and Pound, JJ. ...
Views: 0
Judgment affirmed, with costs; no opinion. Concur: Hiscocic, Oh. J., Chase, Collin, Cuddebaok, Hogan, Cabdozo and Crane, JJ. ...
Views: 0
Order affirmed, without costs, and question certified answered in the negative; no opinion. Concur: Hiscock, Ch. J., Collin, Ouddeback, Hogan, Cardozo and Pound, JJ. Absent: Chase, J. ...
Views: 0
Motion granted and appeal dismissed, with costs and ten dollars costs of motion. ...
Views: 0
Judgment affirmed, with costs; no opinion. Concur: Hiscock, Oh. J., Chase, Collin, Cuddeback, Hogan, Cardozo and Crane, JJ. ...
Views: 0
Judgment affirmed, with costs; no opinion. Concur: Hiscock, Ch. J., Chase, Collin, Cuddeback, Hogan, Oabdozo and Cbane, JJ. ...
Views: 0
Judgment affirmed, with costs; no opinion. Concur: Hiscock, Oh. J., Chase, Collin, Cuddebacic, Hogan, Cardozo and Crane, JJ. ...
Views: 0
Order affirmed, with costs; no opinion. Concur: Hiscock, Oh. J., Chase, Collin, Cuddeback, Hogan, Cardozo and Pound, JJ. ...
Views: 1
Motion for re-argument denied, with ten dollars costs. (See219 N.Y. 280.)...
Views: 0
Order affirmed, with costs; no opinion. Concur: Hiscock, Oh. J., Chase, Collin, Cuddeback, Hogan, Cardozo and Pound, JJ. ...
Views: 1
Judgment affirmed, with costs; no opinion. Concur: Hiscock, Ch. J., Chase, Collin, Cuddeback and Pound, JJ. Not sitting: Hogan and Cardozo, JJ. ...
Views: 0
Motion for re-argument denied, with ten dollars costs. (See219 N.Y. 415.)...
Views: 0
Order affirmed and judgment absolute ordered against appellant on the stipulation, with costs in all courts; no opinion. Concur: Hiscock, Ch. J., Chase, Collin, Cuddeback, Hogan and Crane, JJ. Dissenting: Cardozo, J. ...
Views: 0
Judgment affirmed, with costs; no opinion. Concur: Hiscocic, Ch. J., Chase, Collin, Cuddeback, Hogan, Cardozo and Crane, JJ. ...
Views: 0
Motion denied, with ten dollars costs. ...
Views: 0
Motion granted and opinion and the remittitur based thereon amended by inserting in the opinion after the words “taxes and carrying charges of the Williams-bridge Farm” the words “so far as not met by the income from the farm itself,” without costs. ...
Views: 0
Judgment affirmed, with costs; no opinion. Concur: Hiscock, Ch. J., Chase, Collin, Cuddeback, Hogan, Cardozo and Pound, JJ. ...
Views: 0
Motion granted and appeal dismissed. ...
Views: 0
Judgment affirmed, with costs; no opinion. Concur: Hiscock, Oh. J., Chase, Collin, Cuddeback, Hogan, Oardozo and Pound, JJ. ...
Views: 0
Judgment affirmed, with costs; no opinion. Concur: Chase, Collin, Cuddeback, Hogan, Cardozo, Pound and Crane, JJ. ...
Views: 0
Order affirmed, with costs, and question certified answered in the negative; no opinion. Concur: Hiscock, Ch. J., Chase, Collin, Cuddeback, Caedozo and Pound, JJ. Not voting: Hogan, J. ...
Views: 6
Judgment affirmed, with costs; no opinion. Concur: Hiscocií, Ch. J., Chase, Collin, Cuddeback, Hogan, Cardozo and Crane, JJ. ...
Views: 0
Judgment affirmed, with costs; no opinion. Concur: Hiscock, Oh. J., Chase, Collin, Cuddebaoic, Hogan, Cardozo and Crane, JJ. ...
Views: 0
*647 Order affirmed, with costs, and question certified answered in the negative on opinion in Dollar Co. v. Canadian Car & Foundry Co. (220 N. Y. 270). Concur: Hiscock, Oh. J., Chase, Collin, Citodeback, Hogan, Cardozo and Pound, JJ. ...
Views: 0
Motion for re-argument denied, with ten dollars costs. (See219 N.Y. 334.)...
Views: 0
Motion for re-argument denied, with ten dollars costs. (See219 N.Y. 618.)...
Views: 0
Judgment affirmed, with costs; no opinion. Concur: Hiscook, Chase, Collin, Cuddeback, Hogan, Cardozo and Pound, JJ. ...
Views: 0
Judgment affirmed, with costs; no opinion. Concur: Chase, Collin, Cuddeback, Hogan, Cardozo and Crane, JJ. Not voting: Hiscock, Oh. J. ...
Views: 0
Motion to amend remittitur so as to recite that the affirmance is of the final judgment entered in the office of the clerk of the county of Westchester on the 11th day of August, 1915, granted. (See 220 N. Y. 573.) ...
Views: 0
Order affirmed and judgment absolute ordered against appellant on stipulation, with costs in all courts, upon the ground that the trial justice erred in charging the jury, in effect, that they might find that the opening in the floor caused the intestate to fall by reason of dizziness *618 or fear on his part; and in further charging that they could not find the defendant guilty of negligence u...
Views: 0
Motion granted to the extent of amending order by inserting the following recital: “Upon the argument of this motion counsel for the respondent James G-. Martin presented and argued "the following point: The decision of this cause made on October 3, 1916, is in conflict with section 10 of article 1 and the Fourteenth Amendment of the Constitution of the United States.” ...
Views: 1
Order affirmed, with costs, -and question certified answered in the affirmative; no opinion. Concur: Hisoooic, Oh. J., Collin, Ouddeback, Hogan, Cardozo and Pound, JJ. Absent: Chase, J. ...
Views: 0
Motion granted and appeal dismissed, with costs and ten dollars costs of motion. ...
Views: 0
Judgment affirmed, with costs; no opinion. Concur: Hiscock, Ch. J., Chase, Collin, Cardozo, Pound, McLaughlin and Andrews, JJ. ...
Views: 0
Appeal dismissed, with costs; no opinion. Concur: Hiscogk, Chase, Collin, CuddebAck, Hogan, Cardozo and Round, JJ. ...
Views: 0
Judgment affirmed, with costs; no opinion. Concur: Chase, Collin, Cuddebaok, Hogan, Pound and Crane, JJ. Not sitting: Oardozo, J. ...
Views: 1
Judgment affirmed, without costs; no opinion. Concur: Hiscock, Oh. J., Chase, Collin; Cardozo, Pound, McLaughlin and Andrews, JJ. ...
Views: 1
Motion granted and appeal dismissed. ...
Views: 0
Judgment affirmed, with costs; no opinion. Concur: Hiscock, Oh. J., Chase, Collin, Cuddeback, Hogan and Cardozo, JJ. Dissenting: Pound, J. ...
Views: 0
Motion granted and appeal dismissed. ...
Views: 0
Judgments affirmed, with costs; no opinion. Concur: Hiscock, Oh. J., Chase, Collin, Cuddeback, Hogan, Cardozo and Pound, JJ. ...
Views: 0
Motion granted and appeal dismissed, "with costs and ten dollars costs of motion. ...
Views: 0
Judgment affirmed, with costs; no opinion. Concur: Hiscook, Oh. J., Chase, Collin, Cuddeback, Hogan, Cardozo and Pound, JJ. ...
Views: 0
Judgment affirmed, with costs; no opinion. Concur: HiScook, Oh. J., Chase, Collin, Cuddeback, Hogan, Cardozo and Crane, JJ. ...
Views: 0
Judgment affirmed, with costs; no opinion. Concur: Hiscocic, Ch. J., Chase, Collin, Pound, McLaughlin and Andrews, JJ. Absent: Cardozo, J. ...
Views: 0
Motion granted and appeal dismissed, with costs and ten dollars costs of motion. ...
Views: 0
Motion granted and appeal dismissed, with costs and ten dollars costs of motion. ...
Views: 0
Judgment affirmed, with costs; no opinion. Concur: Hiscock, Oh. J., Chase, Collin, Cuddeback, Hogan, Cardozo and Pound, JJ. ...
Views: 0
Judgment in .each case affirmed, with costs; no opinion. Concur: Hiscock, Oh. J., Chase, Collin, Cuddebaok and Pound, JJ. Not sitting: Hogan and Cardozo, JJ. ...
Views: 0
Order affirmed, with costs; no opinion. Concur: Hiscock, Oh. J., Chase, Collin, Cuddeback, Hogan, Cardozo and Pound, JJ. ...
Views: 0
Motion denied, with ten dollars costs. ...
Views: 0
Judgment affirmed, with costs; no opinion. Concur: Hiscocic, Oh. J., Collin, Hogan, Gardozo, Pound, McLaughlin and Crane, JJ. ...
Views: 0
Order affirmed, with costs; no opinion. Concur: Hiscock, Ch. J., Chase, Collin, Cuddeback, Hogan, Oardozo and Pound, JJ. ...
Views: 1
Judgment affirmed, with costs; no opinion. Concur: Hiscock, Oh. J., Chase, Collin, Cuddbbaok, Hogan, Cardozo and Pound, JJ. ...
Views: 0
Motion to amend remittitur by striking therefrom the provision for costs granted. (See 219 N. Y. 195.) ...
Views: 0
Judgment affirmed, with costs; no opinion. Concur: Hiscock, Ch. J., Chase, Collin, Cuddeback, Hogan and Pound, JJ. Not voting: Cardozo, J. ...
Views: 0
Judgment affirmed; no opinion. Concur: Hiscocit, Oh. J., Chase, Collin, Caedozo, Pound and Andrews, JJ. Not sitting: McLaughlin, J. ...
Views: 0
Judgment affirmed, with costs; no opinion. Concur: Chase, Collin, McLaughlin and Andrews, JJ. Dissent: Hiscock, Ch. J., Cardozo and Pound, JJ. ...
Views: 0
Judgment of conviction affirmed; no opinion. Concur: Hiscock, Oh. J., Collin, Cuddeback, Cardozo and Pound, JJ. Concur under provisions of section 542 of the Code of Criminal Procedure: Hogan and Crane, JJ. ...
Views: 0
Judgment affirmed; no opinion. Concur: Hiscock, Ch. J., Chase, Hogan,- Cardozo and Pound, JJ. Dissenting: Collin and Cuddeback, JJ. ...
Views: 2
Judgment affirmed, with costs; no opinion. Concur: Hiscock, Ch. J., Chase, Collin, Cardozo, Pound, McLaughlin and Andrews, JJ. ...
Views: 0
Order affirmed, with costs; no opinion. Concur: Hiscook, Oh. J., Chase, Collin, Cuddebaoic, Hogan, Oardozo and Pound, JJ. ...
Views: 4
Judgment of conviction affirmed; no opinion. Concur: HISCOCK, Ch. J., COLLIN, CUDDEBACK, HOGAN, CARDOZO, POUND and CRANE, JJ. *Page 628 ...
Views: 0
Order affirmed, with costs; no opinion. Concur: Hiscock, Ch. J., Chase, Collin, Ouddeback, Hogan, Cardozo and Pound, JJ. ...
Views: 0
Judgment affirmed; no opinion. Concur: HISCOCK, Ch. J., CHASE, HOGAN, CARDOZO and POUND, JJ. Dissenting: COLLIN and CUDDEBACK, JJ....
Views: 0
Judgment affirmed; no opinion. Concur: Hiscock, Oh. J., Chase, Collin, Cardozo, Pound and Andrews, JJ. Not sitting: McLaughlin, J. ...
Views: 0
Order affirmed, with costs; no opinion. Concur: Hiscock, Ch. J., Chase, Collin, Cuddeback, Hogan, Cardozo and Pound, JJ. ...
Views: 0
Motion for re-argument denied. (See 219 N.Y. 84.) *Page 1 ...
Views: 0
Order affirmed, with costs; no opinion. Concur: Hiscooic, Ch. J., Chase, Collin, Cuddeback, Hogan, Cardozo and Pound, JJ. ...
Views: 0
Order affirmed, with costs; no opinion. Concur: Hiscock, Oh. J., Chase, Collin, Cuddeback, Hogan, Cardozo and Pound, JJ. ...
Views: 0
Appeals dismissed, with costs; no opinion. Concur: Hiscock, Ch. J., Chase, Collin, Cuddeback, Hogan, Cardozo and Pound, JJ. ...
Views: 0
Appeal dismissed, with costs, on the ground that the question involved has become academic by lapse of time; no opinion. Concur: Hiscock, Oh. J., Chase, Collin, Cuddeback, Hogan, Cardozo and Pound, JJ. ...
Views: 0
Judgment affirmed, with costs; no opinion. Concur: Hiscock, Chase, Collin, Cuddebaoic, Hogan, Oardozo and Pound, JJ. ...
Views: 0
Judgment affirmed, with costs; no opinion. Concur: Hiscock, Ch. J., Chare, Collin, Cuddebaoic and Crane, JJ. Dissenting: Hogan and Cardozo, JJ. ...
Views: 0
Order affirmed, with costs, and question certified answered in the negative on the opinion in Dollar Co. v. Canadian Car & Foundry Co. (220 N. Y. 270). Concur: Hisoock, Oh. J., Chase, Collin, Cuddeback, Hogan, Cardozo and Pound, JJ. ...
Views: 0
Judgment affirmed, with costs; no opinion. Concur: Chase, Collin, Cuddeback, Hogan, Cardozo, Pound and Crane, JJ. ...
Views: 0
Judgment affirmed, with costs; no opinion. Concur: Chase, Collin, Cuddeback, Hogan and Crane, JJ. Dissenting: Hiscock, Oh. J., and Cardozo, J. ...
Views: 0
Judgment affirmed, with costs; no opinion. Concur: Hiscock, Chase, Collin, Ouddeback, Hogan, Cardozo and Pound, JJ. ...
Views: 0
Judgment affirmed, with costs; no opinion. Concur: Hisoock, Oh. J., Chase, Collin, Cuddebaok, Hogan, Cardozo and Pound, JJ. ...
Views: 0
Judgment affirmed, with costs; no opinion. *562 Concur: Hogan, Cardozo and Pound, JJ.; Hisoooic, Ch. J., Chase, Collin and Cuddebaok, JJ., concur on the ground that the question whether the act complained of was within the scope of the conductor’s authority was not sufficiently raised at the trial. ...
Views: 0
Motion granted and appeal dismissed, with costs and ten dollars costs of motion. ...
Views: 0
The order appealed from which required the deposit in the state fund by the employer and self-insurer of the money to meet the future payments of an award was properly reversed at the Appellate Division, for the reason that section 27 of the Workmen’s Compensation Law (Cons. Laws, ch. 67), which requires such deposit, does not apply to an award made to a widow. It does not contemplate and fails t...
Views: 0
Motion denied, with ten dollars costs. ...
Views: 0
Order affirmed, with costs; no opinion. Concur: His'cook, Oh. J., Chase, Collin, Cuddeback, Hogan, Cardozo and Pound, JJ. ...
Views: 0
Motion for re-argument denied, with ten dollars costs. (See220 N.Y. 616.)...
Views: 0
Judgment affirmed, with costs; no opinion. Concur: Hiscook, Chase, Collin, Cuddeback, Hogan, Cardozo and Pound, JJ. ...
Views: 0
Judgment affirmed, with costs; no opinion. Concur: Chase, Collin, Cuddebacii, Hogan, Cardozo, Pound and Crane, JJ. ...
Views: 1
Judgment affirmed, without costs; no opinion. Concur: Hiscock, Ch. J., Chase, Collin, Cuddeback, Hogan, Cardozo and Pound, JJ. ...
Views: 0
Judgment affirmed, with costs; no opinion. Concur: Hisoooic, Oh. J., Collin, Hogan, Cardozo, Pound and Crane, JJ. Not sitting: McLaughlin, J. ...
Views: 0
Order affirmed, with costs; no opinion. Concur: Hiscock, Oh. J., Cuddeback, Hogan and Pound, JJ. Dissenting: Chase, Collin and Cardozo, JJ. ...
Views: 0
Judgment affirmed, with costs to all parties appearing and filing separate briefs payable out of the estate; no opinion. Concur:. Hisoook, Chase, Collin, Cuddeback, Hogan, Cardozo and Pound, JJ. ...
Views: 1
Judgment in each case affirmed, with costs; no opinion. Concur: HISCOCK, Ch. J., CHASE, COLLIN, CUDDEBACK and POUND, JJ. Not sitting: HOGAN and CARDOZO, JJ....
Views: 0
Motion denied, with ten dollars costs. ...
Views: 0
Motion granted and appeal dismissed, with costs and ten dollars costs of motion. ...
Views: 0
Judgment affirmed, with costs; no opinion. Concur: Hiscock, Ch. J., Chase, Collin, Cuddeback, Hogan, Cardozo and Pound, JJ. ...
Views: 0
Motion denied, with ten dollars costs. ...
Views: 0
Order affirmed, with costs; no opinion. Concur: Hiscock, Ch. J., Collin, Cuddeback, Hogan, Cardozo and Pound, JJ. Absent: Chase, J. ...
Views: 0
Motion granted and appeal dismissed, with costs, and ten dollars costs of motion. ...
Views: 0
Judgment affirmed, with costs; no opinion. Concur: Chaser Cardozo, Pound and Andrews, JJ.; Hiscook, Ch. J., and Collin, J., dissent on the ground that the complaint did not allege any excuse for noncompliance with the contract and the evidence did not show such compliance. Not sitting: McLaughlin, J. ...
Views: 0
Motion granted and appeal dismissed, with costs and ten dollars costs of motion. ...
Views: 0
Judgment affirmed, with costs; no opinion. Concur: Hiscock, Chase, Collin, Cuddeback and Pound, JJ. Not voting: Hogan and Cardozo, JJ. ...
Views: 0
On rehearing. Judgment of the cotírt of appeals reversed. Journal entry: On motion of the plaintiff in error, and it appearing that a judgment of affirmance was inadvertently entered in this case, that judgment [93 Ohio St., 482] is hereby opened up and set aside, and the motion for rehearing is allowed, and this cause coming on further to be heard by the court upon the transcript of the record of...
Views: 0
Judgment affirmed, with costs, on the opinion in City of New York v. Appleby (219 N. Y. 76). Concur: Hiscock, Cuddeback, Hogan and Pound, JJ. Dissenting on ground that map was insufficient: Willard Bartlett, Oh. J., and Collin, J. ...
Views: 0
Cause dismissed on the authority of Miner v. Witt, Clerk, 82 Ohio St., 237. Cause dismissed. Nichols, C. J., Johnson, Donahue, Wanamaker, Newman, Jones and Matthias, JJ., concur....
Views: 0
Judgments affirmed on authority of Minneapolis & St. Louis Rd. Co. v. Bombolis, Admr., 241 U. S., 211. Judgments affirmed. Nichols, C. J., Johnson, Donahue, Wanamaker, Newman, Jones and Matthias, JJ., concur....
Views: 0
On rehearing. Former judgment [93 Ohio St., 493] adhered to. Nichols, C. J., Johnson, Donai-iue, Wanamaker, Newman, Jones and Matthias, JJ., concur....
Views: 0
Judgment affirmed, with costs; no opinion. Concur: Chase, Collin, Cuddeback, Hogan, Cardozo, Pound and Crane, JJ. ...
Views: 0

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