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Opinions in ne Volume 99

The General Assembly at its regular biennial session held in 1911, drafted and incorporated in' a bill, what was therein termed a proposed new Constitution, which was a copy of the existing Constitution, with twenty-three amendments, or changes, o'f its provisions, and it provided, that it should, if adopted, take effect on January 1, 1913. There was no pretense of complying with or proceeding und...
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Action by appellee for personal injuries sustained by him on account of the alleged negligence of the appellant in failing to keep in repair a street crossing in the city of Hammond, Indiana. The court overruled a demurrer to a second amended complaint, and issues were joined by an answer in general denial. Trial by jury, and a verdict in favor of appellee, together with answers to ninety-eight in...
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This was an action brought by the Caswell-Runyan Company against Lewis C. Mitten and his sureties upon a certain contractor’s bond, given for the construction of certain buildings. • *522From a judgment for $2,000 this appeal was taken. The errors assigned are: (1) The overruling of appellants’ demurrer to the amended complaint; (2) the overruling of appellants’ demurrer to' the second paragraph o...
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— This action was brought by appellee against appellant to recover damages for personal injuries alleged to have been received while in the employ of appellant, and by reason of appellant’s negligence. The complaint is in two paragraphs. The first paragraph counts on a statutory liability on the part of appellant, under §9 of the factory act (Acts 1899 p. 231, §8029 Burns 1908). The second paragra...
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— Appellee brought this action against the Marion Light and Heating Company, appellant, the Central Union Telephone Company, and the United Telephone Company, to recover damages on account of the death of his decedent, caused by the alleged negligence of appellant and its codefendants. Issues were formed and submitted to a jury for trial, resulting in a verdict in favor of plaintiff, and against d...
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delivered the opinion of the court: The plaintiffs in error, Henry Rardin, Samuel Newlin and Ira Walker, were jointly indicted at the August term, 1910, of the Ford county circuit court for the crime of rape, by force, upon Julia Shadid, a female of about the age of eighteen years. After a motion to quash the indictment had been overruled a plea of not guilty was entered by each of the defendants,...
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delivered the opinion of the court: Aaron Butler Donaldson was tried and convicted in the circuit court of Christian county upon an indictment charging him with the confidence game. The indictment contains seven counts. At the close of the evidence for the prosecution a motion was made to instruct the jury to find the defendant not guilty as to each of the counts of the indictment. The motion was ...
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delivered the opinion of the court: The county court of Kendall county confirmed an assessment against a large body of land owned by Frank O. Hawley, one of the plaintiffs in error, levied by the Morgan Creek Drainage District, the defendant in error, and the record was brought to this court for review pursuant to a writ of error sued out by him. The judgment of confirmation was reversed for three...
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This was a bill in chancery filed by the appellee against Louis A. McDonald and others, in the superior court of Cook county, for the partition of lots 18, 19, 20 and 21 of Bennett’s subdivision of lot 7, in block 5, in Washington Heights, a subdivision of section 18, township 37, north, range 14,.east of the third principal meridian, Cook comity, Illinois, and for other relief. An answer and repl...
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delivered the opinion of the court: A branch of the Appellate Court for the First District affirmed a judgment recovered by defendant in error on a trial by the court without a jury in the municipal court of Chicago against plaintiff in error for $1322.52, the balance claimed under a contract by which the defendant in error was to furnish the material and perform the granite work for a bank buildi...
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delivered the opinion of the court: This is a controversy between the owners of the fee title to certain property and the holders of irregular and invalid tax titles on the same property as to the distribution of the damages awarded as compensation for the taking of the premises in a condemnation proceeding. The South Park Commissioners filed a petition in the circuit court of Cook county in 1905 ...
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delivered the opinion of the court: This suit was begun by appellants by bill in chancery filed in the circuit court of White county. The bill alleged complainants were children of John Rebstock, who died in White county, Illinois, November 13, 1910, leaving as his children and only hei'rs-at-law the complainants and all the persons named as defendants to the bill except Jacob Fechtig, who was a s...
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delivered the opinion of the court: This is an action of ejectment brought by Edward J. Phillips against Jacob Glos, D. Arnold and Lucy M. Glos for lots i and 10, block 3, Summerdale Park, a subdivision in section 7, township 40, north, range 14, east of the third principal meridian, Cook county. The suit was brought under section 7 of the Ejectment act, for unoccupied premises. Jacob Glos filed a...
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delivered the opinion of the court: The defendants have appealed from a decree of partition. Ann Maria Darling, a resident of Bangor, Maine, died there, testate, in 1892, leaving an estate consisting entirely of personal property. She left three daughters. By her will she gave two-thirds of the residue of her estate, after the payment of funeral expenses, debts and the cost of settlement, to two o...
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The complain b charged the defendant with having assaulted the plaintiff on October 29, 1906, in the city of New York, by striking her two violent blows with his clenched fists, in the face and breast. The answer was a general denial. Two entirely different pictures of the alleged assault were presented upon the trial. According to the plaintiff she simply sought the defendant to obtain money o...
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On and prior to February 8, 1909, appellant was the proprietor of a sawmill in which respondent was an employee and wherein was operated a ripsaw. *510 Appellant failed to provide a guard for said piece of machinery as required by the provisions of what was then section 81 of the Labor Law, with the result that respondent was injured while operating the saw. Thereafter the latter brought this a...
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The claim of the appellant as stated in its brief is that “ The appellant stood as surety to Kratenstein and Weinstein and was entitled to be subrogated, on payment, to their lien and to all collateral thereto, and when they put it out of their power to assign their claim against Silverstein, they so impaired the appellant’s right of subrogation as to subordinate their lien.” The appellant, t...
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The plaintiff, a lad of twelve years of age, was run into and injured by the defendant’s automobile and this action for damages is upon the ground that the *22 automobile was being carelessly operated by the defendant’s chauffeur. The plaintiff had a verdict and the judgment entered thereon has been affirmed, at the Appellate Division by a unanimous vote. Leave was given to the defendant ‘to ap...
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The plaintiff, while riding his bicycle over the tracks of the defendant, in the city of Oneida, was struck by a handcar and received injuries, for which this action was brought. He recovered a verdict and the judgment thereon has been affirmed by the Appellate Division, but not by unanimous vote. Upon this • appeal by the defendant, we assume that there was evidence, upon which the jury might ...
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The legislature in 1903 provided, for the abolition, discontinuance and avoidance of certain grade crossings in the city of New York. (Chapter 423, Laws of 1903.) Section 6 of said act as amended by chapter 034 of the Laws of 1905 is as follows: “The New York Central and Hudson Biver Bailroad Company shall at its own expense construct the necessary bridges and abutments required to abolish and ...
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These are two actions for rent under leases, and were tried together as the facts were substantially alike. The main question argued is whether the evidence warranted the-jury in finding an eviction by the plaintiff lessor, operating as a defense. It is not contended that the tenants were expelled by the assertion of a paramount title, and by process of law, in accordance with the original and tec...
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The respondent Jessie Inman Gammons was legally adopted in 1894, by Henry A. Inman and his wife. Sanford A. Inman, by his will dated in 1902, made certain; bequests to Henry A. Inman, who was one of his sons. Henry A. Inman died before the testator, leaving no issue of his body, but only this adopted daughter. She claims to be entitled to receive what was thus bequeathed to her adopting father, un...
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This is an appeal from the decree of the Probate Court of the County of Suffolk allowing an instrument dated January 8, 1907, as the last will and testament of one Catherine Davis. Issues for the jury were framed by a single justice and the case was sent to the Superior Court for trial. There were three issues relating to the due execution of the will, the soundness of mind of the testatrix, and t...
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This is an appeal from an interlocutory order of the Marion Probate Court, appointing a receiver over objection and exception of appellants, to take charge of real estate in Gibson County, Indiana, in their possession and hold the same, the proceeds to be paid and distributed at the' termination of a proceeding to sell real estate to pay debts. Among a great number of averments the complaint conta...
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This was an action in the name of the State of Indiana, brought by 'William B. Hedge, and three other taxpayers of Jackson township, Boone county, as relators, against appellants William H. Miller, a former trustee of the township, and Thomas E. Young and eleven other sureties on his bond, and against the civil and school townships of Jackson, for the recovery of funds alleged- to have been misapp...
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Action by appellees as taxpayers of the city of Hammond against appellants, as contractors, and the school city to enjoin them from constructing a high school building in that city, under contracts with the school corporation. The errors assigned, and not waived, call in question the sufficiency of the complaint, errors in the conclusions of law, and error in overruling the motion for a new trial....
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— Action against appellant, Timothy Mills and Viola Mills to recover damages for the death of appellee’s decedent alleged to have resulted from the negligence of appellant and said Mills and Mills. The injury to decedent from which her death resulted occurred at a street crossing of appellant’s railroad at the town of Andrews, Indiana. The issues of fact were tendered by a complaint and a general ...
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— Appellant brought this action against appellees to enforce the payment of three promissory notes, and to foreclose a chattel mortgage on a traction engine, given to secure the payment of the notes. The complaint was in three paragraphs, to which an answer in four paragraphs was filed. Reply in general denial. The issues thus joined were submitted to the court for trial, and at the request of the...
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— Upon a former appeal of this case, reported as Chicago, etc., R. Co. v. Barker (1908), 169 Ind. 670, 83 N. E. 369, 17 L. R. A. (N. S.) 542, 14 Ann. Cas. 375, the Supreme Court held the complaint insufficient. The complaint was amended, and the cause again proceeded to trial. At the close of plaintiff’s evidence, defendant moved the court to instruct the jury to return a verdict for defendant on ...
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This is a representative action derived from the Interborough Rapid Transit Company. It is brought in behalf of the plaintiffs and all others similarly interested, as stockholders of said company, against the directors of said company and said company to require said *11 individual defendants to account to said company for fifteen thousand shares of its capital stock, alleged to ha...
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The action was brought to collect from the defendant, a domestic corporation of the city of New • York, a personal tax of $2,355.31 imposed in 1907. Section 301 of the Tax Law (Cons. Laws, chap. 60), formerly chapter 374 of the Laws of 1909, provides: “Where the *3 person or corporation against whom a proceeding or suit is brought to collect a personal tax in arrears is unable for want of prope...
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This is an action at law by the vendee in a contract for the purchase and sale of certain real estate in Buffalo to recover from the vendors a part of the purchase money paid under the contract. The answer interposed a denial of the allegation in the complaint that the defendants were unable to convey a good title free of incumbrances to the premises contracted to be conveyed and also set up a ...
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The action was brought to foreclose a mechanic’s lien to discharge which a bond had been given in compliance with the terms of the statute. The Special Term of the Supreme Court rendered judgment for the plaintiff, and that judgment has been unanimously affirmed by the Appellate Division. But one objection to the recovery is raised on this appeal. The plaintiff contracted to perform the carpenter...
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The relator was imprisoned under a commitment which recited that she had been found guilty of disorderly conduct which, in the opinion of the magistrate, tended to a breach of the peace. She was arrested in Hew York city on Sunday, February 25th, 1912, taken directly before a city magistrate, where she pleaded not guilty and was summarily convicted and sentenced. ■ By her petition for a writ of h...
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No recovery was permitted for the expense of furnishing new carpets or new chairs, but the verdict was confined to the reasonable cost of repairing certain old chairs and interest on the amount. By the consent of both parties this question was submitted to the court for determination as one of fact and law, and the verdict directed under these circumstances decided all questions of fact involve...
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The Lien Law (Cons. Laws, ch. 33) provides that “At any time before the construction of a public improvement is completed and accepted by the state or *29 by the municipal corporation, and. within thirty days after such completion and acceptance, a person performing work for or furnishing materials to a contractor, his sub-contractor, assignee or legal representative, may file a no...
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The relators were the owners of a lot of land in Westchester county which was sold in November, 1859, by the comptroller for default in the payment of taxes for the year 1855. Pursuant to such sale, in June, 1862, the comptroller made a conveyance of the premises to one Kidder, the assignee of 'the tax purchaser, the deed being recorded in the office of the *41 register of Westchester county in...
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The action is upon an undertaking executed by the defendants to the pi aintiffs under section 85 of the Municipal Court Act of New York city (Laws of 1902, chap. 580). The plaintiffs, creditors of one Chill, had attached, as the property of Chill, a stock of goods and merchandise, which was claimed by the defendant Levine. *515 The defendants, in order that Levine might receive the...
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This appeal involves a consideration of plaintiff’s demurrer to one of the defenses interposed by the defendant. Inasmuch as the disposition of the question in our view involves an examination of the sufficiency of the complaint as well as of the answer for the reason that a defective complaint cannot be made the basis of an effective demurrer, it will be necessary to examine somewhat in detail b...
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The controversy between the parties was over the construction of certain provisions in a mortgage made by the plaintiff, a foreign corporation, operating its lines of railroad in certain other states. The mortgage was made to a trustee, in 1901, to secure an issue of $85,000,000 of “Refunding Mortgage Gold Bonds,” maturing July 1, 1951. It contained the following provisions, with respect to the i...
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While the plaintiff was on top of the car of an hydraulic passenger elevator repairing a part of the operating machinery the car which had been stopped at the fourth floor automatically started upward, and its progress being unchecked he was caught and jammed between the car and a beam at the top of the well. At the close of the evidence a verdict was ordered for the defendants, and the case is he...
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The plaintiff was a seaman (U. S. Rev. Sts. § 4612), and had a three-fold remedy for the recovery of his wages. In the admiralty he could proceed against the master, the owner, or the ship; and at common law against either the owner or the shipmaster. Temple v. Turner, 123 Mass. 125. Calvin v. Huntley, 178 Mass. 29. It is true, as contended by the owner, Porter, that if the ship-master Monroe had ...
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The questions presented by the cross appeals are, what amount, if any, is the plaintiff entitled to recover from the defendant' Dillaway, and if relief should be given, whether the final decree is supported by the averments of the bill. The plaintiff, the defendant and one Temple, who died before suit was commenced, organized a corporation to enter into competition with the defendant, the American...
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The judge of the Land Court found that the easement which otherwise wouldhavebeen vested in the respondent had been abandoned, and in our opinion there was evidence which warranted this finding. Westcott v. New York & New England Railroad, 152 Mass. 465. Bicknell v. New York & New England Railroad, 161 Mass. 428. New York, New Haven, & Hartford Railroad v. Benedict, 169 Mass. 262, 267. This made t...
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The demurrer was rightly overruled. By R. L. c. 141, §' 10, a creditor whose claim has not been prosecuted within two years after an executor or administrator has published notice of his appointment under § 9, may have relief in equity for the amount against the estate, if found not chargeable with culpable neglect in failing to enforce it before the statutory bar had been established. Ewing v. Ki...
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The plaintiff, who is trustee under the will of Charles Amory, Jr. received from his predecessor, and now holds as part *509of the trust estate, seventy preferred shares in the Massachusetts Electric Companies, a voluntary association or trust organized to acquire and hold certain shares of the capital stock and securities of street railway and other companies, for the benefit of the holders of th...
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It could not have been ruled as matter of law that the plaintiff was not entitled to recover. It could be found that after the death of her husband the defendant resumed her domicil of origin in Milton, and had not since changed her domicil. She had inherited from a parent an undivided interest in a large estate in Milton, and afterward acquired the whole title therein. Upon this estate she built ...
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The trial judge, whose finding is not disputed, having decided, that the defendant, Jacob Lebowich, by whom the foreclosure proceedings were instituted, was not a purchaser for value of the mortgage, but acted only as the agent of the defendant Max Lebowich, the question is, whether under the frame of the bill, and upon the evidence reported, the plaintiff, who is the mortgagor, is entitled to equ...
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The testatrix, in connection with the settlement of whose estate this controversy arises, died in *101 September, 1908. She left a legacy to the appellant, the American Baptist Publication Society, and the question is whether this legacy is subject to a transfer tax. The appellant was incorporated under á special law of this state (L. 1906, ch. 198) which, amongst other things...
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The action was for assault and battery. The plaintiff was a domestic in the employ of the defendant, who kept a hotel at Saratoga lake. The plaintiff becoming dissatisfied with her employment determined to leave, and notified the defendant of her intention. When the plaintiff was about tó leave a dispute arose between her and the defendant over her wages, during which, as she testified, the defen...
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In this action the plaintiff has recovered damages against the defendant for his failure to fulfill the obligation of a contract whereby he undertook to mark with a buoy or other suitable beacon the place in the North river where a canal boat belonging to the plaintiff had sunk. In consequence of the failure to buoy the wreck, as required by the laws of the United States, the plaintiff was adju...
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While we hold that the rule stated in Smith v. Reid (134 N. Y. 568) that a voluntary conveyance by one indebted at the time is presumptively fraudulent as against existing creditors is the law of this state, rather than the rule laid down in Kain v. Larkin (131 N. Y. 300), still we are of opinion that the evidence *110 in the case presented questions of fact, the determination of which ...
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This is an appeal from an affirmance of a judgment of conviction under section 2411 of the Penal Law, relative to false weights and measures. As the affirmance at the Appellate Division was unanimous we must assume that the evidence supported the charge set forth in the information. The sufficiency of the information is challenged, however, by the defendant’s motions to dismiss the complaint, and...
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The defendant was charged with the crime of murder in the first degree, committed by administering to Rhoda Irene Lustig strychnia, a deadly poison. He was tried upon the indictment and was convicted upon the charge by the verdict of a jury. From the judgment of conviction he has appealed to this court and he assigns various errors as having been committed during the trial, certain of which I dee...
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This case involves the construction and validity of the following will: “ New York, Aug. 2/1909. “In the Name of God, Amen. ' “I ' Matilda Turner bequeath unto my sons & daughters as follows in case of my-death. John Turner One house . George Turner One house William L. Turner one house Jennie S. Fox one house at 402 W. 29 St. N. Y. City and Matilda D. Turner...
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The action is to recover from the defendants, who were warehousemen or storagehouse keepers, the damages sustained by the plaintiff through the destruction by fire of articles of household furniture stored by them for the plaintiff and her assignor. It was a provision of the agreement for storing that the defendants should place and keep the articles in a specified room in a designated building. ...
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On the morning of ITovember 9th, 1911, Mrs. Mary Hall was •stabbed to death in the apartment which she occupied in the Griffin homestead, a lonely dwelling on a farm situated on a side road between Yorktown Heights and Bradley’s Camp, in the county of Westchester. The homicide was actually committed by one or more members of a party of six Italians, who were engaged at the time in robbing or atte...
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This is an appeal by the relator from an. order of the Appel- . late Division, in the first department, which reversed a final order of the Special Term, sustaining a writ of habeas corpus and discharging the prisoner Brandt from custody under a judgment of the Court of General Sessions of the city and county of Hew York. The order of the Appellate Division dismissed the writ and remanded the pri...
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Motion for re-argument denied, with ten dollars costs. (See205 N.Y. 622.)...
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Habeas corpus by the People, on the relation of Martin F. Hubert, against Harry M. Kaiser, as warden and agent of Clinton Prison, to procure the discharge from such prison of Folk© Engle Brandt. Application of Howard S, Cans, an attorney, for leave to file an affidavit. Granted. (See, also, 99 N. E. 195.) The application of Howard S. Gans, an attorney at law, for leave to file an affidavit, verifi...
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The defendant by purchase and consolidation has succeeded to the rights and liabilities of a number of street railway companies which held assessable policies of indemnity or accident insurance in the Electric Mutual Casualty Association, a corporation chartered by the Commonwealth of Pennsylvania. By the terms of the contract, whenever the fixed premiums were insufficient to pay matured claims, t...
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This is an action at law pending in the Supreme Judicial Court for Suffolk County. The plaintiff’s intestate, who for convenience will be referred to hereafter as the plaintiff or Randall, entered into a contract in writing with the defendant by which he agreed to become its New England agent for the term of one year from January 1, 1903, and to order twenty-five automobiles of it, furnishing spec...
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The petitioner was organized under St. 1877, c. 222, “for the purpose of acquiring and holding the Old South Meeting-House in Boston and the land under and adjacent to the same upon the corner of Milk Street and Washington Street in said city, for public, historical, memorial, educational, charitable and religious uses and none other.” Before 1877 the Old South Meeting House had been given up as a...
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The plaintiff’s intestate, and the plaintiff Creesy, were travelling on foot over a public way, and nearly parallel with them a carriage with two occupants was going in the same direction. At the time of the accident the pedestrians were on the extreme right, with the carriage slightly in advance intervening between them and the left side of the street. In their rear the automobiles of the defenda...
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These are taxpayers’ actions brought to restrain the execution in behalf of the city of New York by its officials and the members of .the public service commission for the first district of two contracts, one with the defendant Interborough Rapid' Transit Company and the other with the Brooklyn Union Elevated Railroad Company, or whatever company may take its place, for the construction, equipm...
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On and prior to January 16, 1908, Guard 27. Whitney and James V. Geraghty were partners conducting a stock brokerage business in the city of 27ew York under the firm name of Whitney & Kitchen. On that day they made a general assignment of all their partnership property to Bayard L. Peck as assignee for the equal benefit of all their partnership creditors. On January 25, 1908, each of said partn...
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The plaintiff has recovered a judgment against the defendants for the damages for personal injuries received by him, while a passenger on a street surface car of the defendant railway company, through a collision between the car and an automobile of the defendant motor company at an intersection of streets in the city of Buffalo, 1ST. Y. The car was an open car, and at the time of the collision...
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This is a libel for a decree of nullity of the marriage between the libellant and libellee solemnized in this Commonwealth in 1908, on the ground that the libellee had a former wife living. These are the circumstances: The libellee was domiciled in Turkey, was a Christian, and there married a wife also a Christian, with whom he lived. In 1902, owning a small farm in Turkey, he left his wife at the...
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This was an indictment in two counts for the murder of Martha B. Blackstone on March 31, 1910, in Springfield in the County of Hampden. The indictment was entered in court May 5, 1910, and on the sixteenth of the same month the defendant being arraigned pleaded not guilty. Counsel were assigned to him and the nineteenth day of September then next was set as the time for trial. The crime for which ...
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The first bill of complaint as finally amended appears to have been treated by the parties as stating substantially all the grounds upon which the plaintiff relied for equitable relief, and the remaining suits in which neither William F. Almy nor his wife, Lillian W. Almy, are defendants seem to have been instituted merely as matter of precaution. We shall follow the order adopted by them, and con...
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This is a suit in equity by which specific perform*477anee of a contract between the plaintiff and the defendant is sought. The plaintiff is a manufacturer, and the defendant an inventor, of shoe machinery. The contract provided, among other matters, for the employment by the plaintiff of the defendant in designing and improving shoe machinery, terminable at the will of either party, with wages at...
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To his Excellency, Eugene N. Foss, Governor of the Commonwealth of Massachusetts: The Justices of the Supreme Judicial Court have received your letter requesting their opinion as to the constitutionality of House Bill No. 2247, which is now before you for revisal under c. 1, § 1, art. 2 of the Constitution. There are grave doubts whether the Governor alone is empowered to require their opinion tou...
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This case was submitted to the Superior Court on the pleadings and an agreed statement of facts, with the right in the court to draw inferences of fact from the facts stated; and the case is before us upon the petitioner’s appeal from the final judgment entered in accordance with the finding and ruling of the court disallowing interest. The only questions relate to the matter of interest. 1. As to...
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The defendant executed and delivered a mortgage on real estate. It was agreed that the amount to be lent *544on the mortgage should be advanced from time to time to pay for the purchase price of the land and for the erection of a building thereon as its construction progressed. At the time of the execution and delivery of the mortgage, the defendant requested of the mortgagee an order to enable hi...
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The plaintiff sues to recover under the first count from the defendant Daggett, and under the second count from the defendant Hayes, the amount remaining due on a promissory note signed by them respectively as maker and indorser. By consent the jury returned a verdict for the plaintiff on the first count, and the trial proceeded on the second and third counts. The note having been delivered by the...
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The opening extending from' the line of the buildings two feet into the sidewalk was “three and sixteen one hundredths feet long and from ninety-two one hundredths of a foot to three feet deep.” It contained a flight of four steps descending from the level of the sidewalk to the basement of the house, the top step being about eleven inches below the surface of the sidewalk. There was no guard or r...
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This case is before us on an appeal from a decree in favor of the plaintiff after all but one of the defendant’s excep*549tians to the master’s report had been overruled and after a plea to the jurisdiction also had been overruled. The bill is brought by the town of Enfield as owner of the fee in a lot of land called the “Common,” to enjoin the defendant (who claimed to own the land) from removing...
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It is not material to determine whether the plaintiff could have enforced specifically against the defendant’s gran*522tees her agreement to give him a new lease. However this might be, the defendant was personally liable upon her covenant, and her conveyance of the leased premises did not relieve her from that liability. Riley v. Hale, 158 Mass. 240. Jones v. Parker, 163 Mass. 564, 568. Carpenter...
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delivered the opinion of the court: The appellant, Matilda Lyons, filed her bill in the circuit court of Cook county against the Police Pension Board of Chicago, setting forth that she is the widow ó.f a policeman of the city of Chicago and for several years has been receiving a pension as such widow under the act of the General Assembly known as the Police Pension Fund act; (Hurd’s Stat. 1911, p....
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delivered the opinion of the court: This was a bill in chancery filed in the circuit court of Cook county by James M. Clark, the defendant in error, against Stanley Jankowski, the plaintiff in error, to enforce the specific performance of a certain contract in writing entered into by said Clark and Jankowski for the exchange of real estate. An answer and replication were filed and the cause was re...
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delivered the opinion of the court: This case was before us at a former term and the opinion then delivered will be found at page 455 of volume 248 of the Illinois Reports. We reversed the judgment and remanded the case for error in an instruction given for appellees, which, in effect, placed the burden upon appellant of proving that appellees did not have title to the disputed premises by adverse...
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delivered the opinion of the court: The appellant, Lillie B. Mooney, on April 14, 1911, filed her application in the circuit court of Cook county, to the May term, to register in her the title in fee to lot 25, in block 3, in Brown’s addition to Chicago, making the appellee, Charles A. Valentynovicz, together with others, a party defendant, and averring that he was in possession of said premises a...
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delivered the opinion of the court: On May 31, 1890, Frederick P. Read, the appellee, and Jonathan E. Woodbridge, being the owners of block P, (except lot 9,) Morgan Park, Washington Heights, subdivided the same into forty-seven lots, with a street (called Belmont avenue) running north and south through the block. In March, 1892, they sold lots 3, 4 and 5 to Edith J. Wolhaupter as a result of nego...
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delivered the opinion of the court: October 3, 1893, Eugene Beresh became a member of a subordinate lodge of plaintiff in error and a certificate for $2000 was issued to him, payable at his death to Otto and Freddie Goldberger, who were stated in the application of Beresh to be his nephews. Beresh died in December, 1893, and in 1895 Otto and Freddie Goldberger, for use of Anna Beresh, brought suit...
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delivered the opinion of the court: On January 2, 1889, Granville S. Ingraham, being the owner of one hundred acres of land in the south part of Chicago, entered into a contract with A. J. Cooper. The effect of the contract was to create a relation between the parties somewhat in the nature of a partnership, of which the one hundred acres of land constituted the capital, the value of which was fix...
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delivered the opinion of the court: David S. Dempster filed a bill in the circuit court of' Cook county for the purpose of determining the ownership of 455 shares of the stock of the Rosehill Cemetery Company which were held in the name of Killian V. R. Lansingh, and of compelling an accounting for and delivery of so much of such stock as should be found due the complainant. A preliminary injuncti...
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delivered the opinion of the court: This is a writ of error to reverse a judgment of the criminal court of Cook county entered against plaintiff in error upon a plea of guilty and sentencing him to imprisonment in the penitentiary. At the February term, 1906, of the criminal court of Cook county the grand jury returned an indictment against the plaintiff in error, containing six counts. Two of the...
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delivered the opinion of the court: This was a bill filed in the circuit court of Pike county praying for the appointment of some suitable person, as trustee, to carry out the provisions of the will of William H. Yates, deceased, or if the court should find that Edward Yates had been legally appointed as trustee, that it remove him and appoint some disinterested, competent and suitable person in h...
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delivered the opinion of the court: This was a bill in chancery filed in the circuit court of Coles county by Elliott W. Clark against Nancy Potts and William Potts to enforce the specific performance of a contract in writing alleged to have been entered into by Nancy Potts and her husband, William Potts, with Elliott W. Clark for the sale to Clark of the east half of the south-east quarter of sec...
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delivered the opinion of the court: This is an appeal from a decree of the circuit court of Piatt county dissolving an injunction and dismissing a bill for want of equity. The injunction restrained the county clerk from extending a certain tax levied for the purpose of constructing a town hall in the town of Blue Ridge, in said county. The decree ordered that an appeal should have the effect of co...
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delivered the opinion of the court: This is an information filed in this court upon the relation of the grievance committee of the Chicago Bar Association, in the name of the People, against Mason A. Bamborough and Albert F. Brown, who are regularly licensed attorneys of this court and who were practicing their profession as partners in the city of Chicago at the time the' information was filed, f...
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delivered the opinion of the court: On the 21st day of April, 1911, Robert Tilton, as State’s attorney of Morgan county, presented a petition to the Hon. Owen P. Thompson, circuit judge, alleging that Charles W. Mackey and others named assumed to be a private corporation for profit, under the name of “The Jacksonville Water-Works Company,” and to transact business as such without any lawful warran...
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delivered the opinion of the court: This is a suit in ejectment brought in the circuit court of Montgomery county by appellees against appellants. On the first trial there was judgment against appellants. That judgment, on their motion, was set aside under the statute, the costs being paid, and a new trial had, which resulted again in a judgment against the appellants. On appeal this court held (2...
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delivered the opinion of the court: This is an appeal from a judgment of the circuit court of Cook county which dismissed the appellant’s petition to condemn property described therein, on the ground that the appellant was without authority to condemn the property. The various grounds urged here against the legal right of appellant to condemn land for railroad purposes were urged in the recent cas...
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delivered the opinion of the court: The counsel for appellee have presented numerous contentions which it is insisted establish the unconstitutionality of the act of 1903. It will be observed from the foregoing statement that the waters of the upper district which are situated upon the lands of sub-district No. 1,—that is, the waters of appellee upon lands south of Copperas creek,— have no outlet ...
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delivered the opinion of the court: By virtue of the statute athorizing the annexation of any city, incorporated village or town to any other incorporated city, village or town adjoining the same, an election was held on April 4, 1911, in the city of Chicago and the village of Morgan Park, pursuant to the order of the judge of the county court of Cook county, on a proposition for the annexation of...
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delivered the opinion of the court : j The circuit court of Cook county sustained a demurrer ■ interposed by appellants to a bill for injunction filed by appellees and entered a decree dismissing the bill for want of equity. Appellees prosecuted an appeal to the Appellate Court for the First District and the cause was assigned to the branch of that court. For the -purpose of having- a final judgme...
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This is a suit in equity, in which the plaintiffs aver that they are “the ‘Christian Science Board of Directors’ in charge of all the spiritual and temporal affairs and of the property of The First Church of Christ, Scientist, in Boston, Mass., also known as the ‘Mother Church,’ an unincorporated religious society in said Boston maintaining regular religious services in its church edifice, and tha...
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Appellant was convicted by a jury in the lower court of the crime of assault and battery on the person of one Davis, with intent to commit manslaughter. He seeks a reversal of the judgment of the trial court, and relies on alleged error in overruling his motion for a new trial to secure it. The only claims of errors pressed on us by appellant are involved in the refusal of the trial court to give ...
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Action of habeas corpus by appellant for possession of his infant daughter. The error assigned is in overruling the motion for a new trial, and the sole question presented is the sufficiency of the evidence. 1. Pour questions are sought to be presented upon the admission of evidence, but the record shows that there was no objection made in two instances, and the other two were upon the grounds o...
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Action, by appellant on a complaint in one paragraph, demanding that a certain deed, in which Jnlia A. Gibhart and Isaac Gibhart were the grantors, and Joseph G. Amiss, trustee, was the grantee, be delivered up and canceled, and that appellant’s title to the land described in the deed be quieted. Appellees filed separate demurrers to the complaint for insufficient facts, which demurrers were susta...
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After a trial by jury, appellant was convicted of embezzlement on a charge presented by an affidavit, tbe material parts of wbicb read as follows: “That at said County of Clay, on or about tbe 24th day of March, 1910, one Merle L. Frost, was then and there Treasurer of Clay Encampment Independent Order of Odd Fellows No. 165, and as such treasurer then and there bad control and possession of thirt...
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Appellant was tried and convicted of arson. The issue was whether or not appellant, in order to defraud a fire insurance company, had hired the prosecuting witness, Arthur Winger, to burn his hotel property. Trial by jury, finding appellant guilty as charged. Judgment of conviction was pronounced by the court. Appellant seeks reversal on the ground that the court erred in overruling his motion for...
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Appellant was convicted in the court below of soliciting a bribe to influence his vote as a member of the common council of the city of Gary, on an ordinance pending before that body, in violation of §2378 Burns 1908, Acts 1905 p. 584, §477. 1. The only punishment fixed by the judgment was imprisonment in the State’s prison. Judgment for costs was rendered against appellant. Prom a judgment of con...
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By indictment in the lower court, the State charged appellee with oppressive garnishment, a misdemeanor defined by §§663, 664 of the criminal code (Acts 1905 p. 584, §§2668, 2669 Burns 1908). To this indictment appellee pleaded in abatement facts intended to show that the indictment was returned by the grand jury on evidence which he was required to give against himself before that body. A demurre...
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1. Appellant was indicted by the grand jury of Clinton county for the alleged keeping of a place for the illegal sale of intoxicating liquors. The cause was set for trial, and a subpoena was issued for David M. Hart to appear and testify on behalf of the State. After the issuance of the subpoena, and before service thereof, the witness left Clinton county and went to Hamilton county, and there was...
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— This was an action by appellees against appellants and Joseph O’Brien, clerk of the Pike Circuit Court. The action relates to a former suit, wherein Steele P. Gilmore was plaintiff and the appellants were defendants, and in which appellees herein were attorneys for Gilmore, a minority stockholder in the Princeton Coal and Mining Company. Gilmore charged that appellants Ogle and Hubbard, who owne...
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1 This was an action based upon a written contract for a breach of warranty in the sale of a steam shovel. The case was tried upon an amended complaint to which the contract which is the foundation of the action was not made an exhibit. The amended complaint states the contents of the contract in general terms and refers to it as being filed with the original complaint marked “Exhibit A”; but, as ...
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This is an action to qniet title to and obtain possession of real estate. At the conclusion of the evidence the trial court, on motion of appellees, defendants below, instructed the jury to find for defendants. The jury returned its verdict in accordance with the instruction, and judgment was rendered on the verdict, from which this appeal is taken. 1. 2. Under the established rules of this court ...
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— This is a suit by appellee for damages for personal injury alleged to have been sustained by him while a passenger on one of appellant’s trains. Prom a judgment in appellee’s favor for $1,000 appellant appealed, and for a reversal of the ease relies on the following properly assigned errors: Overruling the demurrer to the second paragraph of complaint, and overruling the motion for new trial. 1....
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— John M. Scott, at the time of his death, October 10, 1910, was the holder of an insurance certificate in The Supreme Tribe of Ben Hur, of the value of $900. After the death of John M. Scott, appellee, the beneficiary named in the certificate, for the purpose of enforcing payment thereof, brought this action against said order. Decedent was a brother of appellant, and the husband of appellee. The...
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— This was an action in replevin, for possession of a piano, instituted by appellant, who failed to recover below, and contends in his motion for a new trial that the decision of the court is not sustained by sufficient evidence and is contrary to law. Appellant claimed the right to possession of the piano as the assignee of a chattel mortgage executed on it and other household goods by Lester A. ...
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— Appellant, an attorney at law, brought this action for an accounting and to recover certain moneys deposited with appellee bank, subject to check. The amended complaint was in a single paragraph, averring the deposit in appellee bank of $1,792.27, of which sum he had drawm out the sum of $645.78, to which a demurrer for want of facts was overruled. Issues were formed by the filing of an answer i...
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— This is a second appeal in this case. Demurrers were sustained to appellant’s complaint in the court below, and on appeal the Supreme Court reversed the judgment and directed the trial court to overrule the demurrers. Stimson v. Rountree (1907), 168 Ind. 169, 78 N. E. 331, 80 N. E. 149. Appellee Rountree, both as executor.and in his individual capacity, then filed four paragraphs of answer, the ...
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Appellee, who was plaintiff below, brought this action in ejectment against appellant, to recover possession of 51-J acres of land located in Madison county, Indiana. The court made a special finding of facts and pronounced conclusions of law thereon favorable to appellee. Appellant excepted to the conclusions of law at the time, and thereafter the court rendered judgment in favor of appellee. The...
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— Appellee brought this action to quiet title to certain land owned by her against a personal judgment secured by appellant against appellee’s grantor while the latter was the owner of said land. Appellant’s single assignment of error is that the trial court erred in its conclusions of law based upon its special finding of facts. The finding, in substance, is as follows: That on March 8, 1905, one...
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— Appellee brought this action against appellants to recover on a written lease for the unpaid balance of rent claimed to be due. This appeal is taken from a judgment in favor of appellee for $70, and $17 attorney’s fees. The brief of appellants fails to contain (1) a concise statement of so much of the record as fully presents the errors and exceptions relied on, (2) a condensed recital of the ev...
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The identical questions are involved in this appeal that were presented in State v. Tam (1912), ante 313, 99 N. E. 424, and on the authority of that case the judgment from which this appeal is prosecuted is affirmed....
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announced the decision of the court: This is a motion made by' appellee to dismiss this appeal on the ground that appellants have not complied with the order of court in perfecting the appeal, in this: that the appeal prayed for and allowed was joint, while the appeal bond filed was signed by only one of the appellants. It has been repeatedly held by this court that the right of appeal is purely s...
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The first contention of the claimant is that there was a donatio mortis causa of this bank book to him. In the case of a gift mortis causa as well as in that of a gift inter vivas a delivery to the donee, or to some one for him, during the lifetime of the donor is necessary to the validity of the gift.. The gift “must be completely executed, precisely as required in the case of gifts inter vivas, ...
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By this bill the plaintiffs seek to establish the location of the Grand Junction branch of the Boston and Albany Railroad at least twenty-eight feet in width over certain lands and public streets in the city of Chelsea, and ask for an injunction against any interference upon the part of the defendants, their officers, agents and servants, with the lawful acts of the plaintiffs upon such location. ...
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The plaintiff seeks under the St. of 1906, c. 463, Part II, § 247, to recover damages for the destruction of a barn with its contents, alleged to have been caused by fire directly communicated by the locomotive engine of the defendant. But if the loss is unquestioned the parties were at issue as to the origin *11of the fire. The defendant could show by relevant testimony, that it originated from o...
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This is an action under R. L. c. 51, § 18, to recover damages for injuries to the plaintiff’s horse caused by the alleged negligence of the defendant in failing to maintain a sufficient railing along one of its public ways. The plaintiff was driving a pair of horses, hitched to an empty wagon, on the right hand side of Fairbanks Street, and having turned aside to allow another team to pass, he sto...
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This is an action for the loss of three hundred and six bushels from a car load of oats in transit between ICentland, Indiana, and Worcester, Massachusetts. The plaintiff as indorsee *71of the bill of lading sought to charge the defendant on the ground that it was the last carrier and so liable under the rule of Moore v. New York, New Haven, & Hartford Railroad, 173 Mass. 335, and Garvan v. New Yo...
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The rights of these parties depend primarily upon the terms of the agreement between the plaintiff and the individual defendants. By that agreement the plaintiff was to form a corporation to be named “James A. Houston Company,” and was to convey to that corporation the business then conducted by him in Boston, “and all assets of every name and nature including the entire stock in trade ... all boo...
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This case comes up on an appeal from a decree* dismissing the bill of complaint. The decree was entered on a report which did not contain the evidence before the master and to which no exceptions were taken. The bill was brought by a widow against the nephew of her deceased husband to have two deeds of real estate situate in West Brookfield, made by the husband to the nephew, set aside as a fraud ...
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This is a petition for a writ of mandamus to reinstate the petitioner in the office of city marshal of the city of Chicopee. The petitioner was appointed to that office in January, 1911, and served until February 15, 1912, when after a hearing he was removed by the respondent Rivers, who was mayor of the city of Chicopee. The petitioner within ten days thereafter brought a petition in the Police C...
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The defendant’s predecessor in title in' 1855 conveyed by deed to James H. Peak and his heirs and assigns “the right to the use of the water from the two springs situated in the meadow ... after supplying the two houses, to which logs are now laid, from the large spring, with water necessary for domestic purposes. And also after supplying water necessary for domestic purposes at my dwelling house ...
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The plaintiff traveling in the night-time upon a bicycle on a highway was injured by collision with a team. It is sought to fasten liability upon the defendant because a headlight upon one of its cars proceeding on its track dazzled the plaintiff so that he ran into the team/ The plaintiff testified: — “The light blinded me, I was unable to guide my bicycle. ... It blinded me for the moment and I ...
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This bill in equity is brought in behalf of the plaintiff by his conservator, to set aside a conveyance of real estate made by the plaintiff through a third person to his wife who conveyed such real estate to the defendant. The action was *7referred to a master * and subsequently was heard by a judge of the Superior Court, † who made a decree confirming the master’s report and ordering the defenda...
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The jury would have been warranted in finding, that when the defendant’s superintendent called the plaintiff from his ordinary labor and directed him to operate a circular saw, the plaintiff from want of previous experience was ignorant of the mode of operation; and that-on the first day he worked about an hour and on the second day he was injured shortly after he began work. It was uncontroverted...
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As stated in the bill of exceptions, “the question presented . . . relates entirely to the measure of damages,” the defendants contending that the proper measure of damages is the difference between the market value of the shares and the contract price, and that the trial judge erred in awarding to the plaintiffs the balance due upon the contract. The evidence on which the decision was based is no...
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About eleven o’clock on the night of May 17, 1911, a collision occurred at a grade crossing on Water Street in the town of Orange, between a carriage in which the plaintiff was riding and an east-bound freight train of the defendant; and one Baker, the owner and driver of the horse, was killed and the plain*598tiff was seriously injured. This action is based upon the alleged common law negligence ...
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The rulings requested by the defendant could not have been given. It apparently offered no evidence directly controlling the testimony of the plaintiff, from which the jury would have been warranted in finding, that the conductor, who had been informed of the plaintiff’s purpose, stopped the car to enable her and other passengers to alight. By this act the defendant assured the plaintiff, that she...
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This is an action for damages under St. 1906, c. 463, Part I, § 63, as amended by St. 1907, c. 392, for causing the death of Elmer E. Griswold, the plaintiff’s intestate; and the exceptions raise the questions whether there was evidence for the jury of his due care and of the defendant’s negligence.* There was evidence from which the jury could and presumably did find the following facts: On the m...
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The stipulations of the parties to the contract were mutual and dependent, and, if after it had been partially executed the defendant by discharging the plaintiff made further performance impossible, he is liable in damages, unless the discharge could be justified on the ground of the plaintiff’s defaults. Hodgkins v. Moulton, 100 Mass. 309. Hapgood v. Shaw, 105 Mass. 276. Earnshaw v. Whittemore, ...
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The return of the respondents, who acted as county commissioners in the proceedings which the petitioner desires to have quashed, is conclusive as to their findings of fact, and only erroneous rulings of law can be reviewed and corrected. Farmington River Water Power Co. v. County Commissioners, 112 Mass. 206. Ward v. Aldermen of Newton, 181 Mass. 432. The St. of 1902, c. 544, § 27, has not abroga...
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This action at law comes before us on an exception to the refusal of a judge of the Superior Court,* who heard the case without a jury, to find in favor of the plaintiff. The only question is whether upon all the evidence a finding for the plaintiff was required as matter of law. The weight and effect of oral evidence was for the trial judge, and his finding will not be disturbed unless it appears...
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While as between the parties to the sale the title *595passed to the plaintiff if the jury believed the evidence, yet the defendant, who as a deputy sheriff subsequently attached the property on a writ against the seller, is not liable for conversion unless there also was proof of actual or constructive delivery. Marsh v. Hyde, 3 Gray, 331, 333. Packard v. Wood, 4 Gray, 307. Harlow v. Hall, 132 Ma...
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The plaintiff was regularly appointed a reserve member of the police department of Worcester on December 1, 1905, and served under that appointment until he left the police service February 4, 1911. He received his pay weekly and receipted upon the regular pay roll sheet for reserve policemen. During most of the time between December 1, 1906, and October 29, 1908, he was paid twenty-five cents a d...
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The plaintiff obtained a verdict on his second count, which alleged that his injury was caused by the negligence of a superintendent of the defendants; and the only question raised by the exceptions is whether there was evidence to warrant the verdict. The place where the accident occurred was in the alleyway between the back of the plaintiff’s spinning machine and that of the next machine, which ...
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Appellee was charged by affidavit with violating the criminal laws providing penalties against corrupt voting. The court sustained a motion to quash the affidavit, and discharged appellee. Error assigned and not waived is sustaining appellee’s motion to quash the affidavit charging him with unlawfully and knowingly voting in a precinct and ward in which he did not reside. The affidavit was quashed...
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Appellant and seven other persons were charged in the court below with the crime of riotous conspiracy, under the provisions of §2335 Burns 1908, Acts 1905 p. 584, §439. Appellant was granted a separate trial and was convicted of the offense charged. The only error assigned is that the court erred in overruling his motion for *46a new trial. It was assigned as cause for a new trial that the court ...
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Appellant and seven other persons were charged in the court below with the crime of riotous conspiracy under the provisions of §2335 Burns 1908, Acts 1905 p. 584, §439. Appellant was granted a separate trial and was convicted of said offense. The only error properly assigned is that the court erred in overruling appellant’s motion for a new trial. The only cause for a new trial urged as a ground f...
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— This action was brought by appellee against appellant to recover a sum of money which she claims is due her for teaching in the public schools of appellant township, and for services performed while acting as janitor of the school building in which she taught. The latter demand, however, was denied by the trial court. 1. It appears from the complaint that appellee agreed hi writing to teach one ...
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— This action was brought in the Marion Circuit Court on a retail liquor license bond, executed by appellant Thomas Lawlor, as principal, and appellants Terre Haute Brewing Company and Maurice Donnelly, as sureties. The suit was instituted by the widow and minor children of Jesse Shatto, deceased, to recover damages for the loss of their means of support. It was alleged that decedent was killed by...
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This action was brought by appellant against appellees, to recover damages for personal injuries sustained by appellant while in the service oí appellee Southern Railway Company, and was based on a common-law right. At the conclusion of appellant’s evidence the court directed the jury to return separate verdicts in favor of each defendant. Verdicts were accordingly returned, and judgment rendered ...
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— Appellee’s decedent was killed on January 21, 1907, at or near the town of North. Judson, Indiana, being run over by a car operated by appellant’s servants on appellant’s railroad. After the usual formal averments, the amended complaint states in detail the location of appellant’s tracks and buildings, the location of street and railroad crossings, estimates the number of people using the crossi...
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Suit by appellee to recover damages for the death of his decedent, John A. Shewmon, alleged to have been caused by appellant’s negligence. Trial by a jury resulted in a verdict for appellee in the sum of $2,500. Appellant’s motions for judgment on the special findings and *351for a new trial were overruled, and this appeal taken from the judgment on the general verdict. 1. The first error assigned...
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— This is a suit by the creditors of the “Evansville Implement and Farmers’ Supply Company”, a corporation, against the stockholders of such corporation, to enforce a statutory liability under §4051 Burns 1908, §3007 E. S. 1881. 1. The only question attempted to be presented by the appeal, is the sufficiency of the complaint as against demur 7 rers. The assignment of error relied on to present thi...
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— This was an action brought by appellant against appellee, to recover damages on account of the death of Charles Q. Marks, which was caused February 9, 1905, by his falling into an elevator shaft maintained by appellee in a building in the city of Port Wayne owned and occupied by him. The issues, formed by a complaint in three paragraphs and an answer in general denial, were submitted to a jury f...
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— Appellants brought this action against appellees to contest the will of Jacob Loesch. Four paragraphs of complaint, each substantially in the form permitted by §3151 Burns 1908, §2596 E. S. 1881, were filed, the first of which was withdrawn. It is averred in the remaining paragraphs of complaint that at the same time the will was executed, and as a part of the same transaction, two deeds were ex...
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— In the court below appellee recovered a judgment against appellant on account of injuries sustained by falling through an opening, two or three feet square, in the floor of appellant’s baggage room in Anderson, Indiana. Appellant’s demurrer to appellee’s complaint, its motion to make the complaint more specific, and its motion for a new trial were each overruled, and these rulings are separately...
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This is a suit begun by appellant to enjoin the enforcement of an execution in favor of appellee, Johnson, in the hands of appellee, Sanders, sheriff. Appellee, Johnson, will be referred to as appellee. The issues of fact in the case were presented by. a complaint in two paragraphs, the first of which was' dismissed after trial; neither paragraph was denied, but each was specially answered. A demu...
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This is an action under R. L. c. 102, § 146, to recover double damages for injury done by the defendant’s dog to the plaintiff’s automobile. The presiding judge* refused to direct a verdict for the defendant and the case is here on an exception to that ruling. It appeared that as the plaintiff was driving his automobile on the right hand side of a public way at the rate of some fifteen miles an ho...
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This is a petition for the abatement of a tax laid by the assessors of the city of Northampton upon certain real estate owned in fee by the petitioner and situated within the territorial limits of the city. The property consists of a lot of land and such portion of a bridge connected therewith as lies within the city. The bridge crosses the Connecticut River, one end resting upon this land and the...
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The only question is whether under the deed from McKnight and Churchill the grantees, being then husband and wife, took an estate by entirety. If they did, then the petition should be dismissed; otherwise, there should be partition. At common law, “if an estate be given to a plurality of persons, without adding any restrictive, exclusive, or explanatory words, as if an estate be granted to A and B...
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This is a bill in equity by taxpayers of Boston to restrain certain officers of that city from erecting a building upon a public park known as the Back Bay Fens. This park was established in 1879 under the authority of St. 1875, c. 185. The city of Boston acquired the fee to the lands included within the park, and has expended large sums of money in locating, laying out, constructing and improving...
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The only error relied on for reversal in this action is predicated on the sustaining of appellees’ demurrer to appellant’s complaint. 1. It is shown by the complaint that on December 16, 1886, Gideon Hunt, as guardian of appellees, who were then minors, recovered a judgment in the Hamilton Circuit Court against appellant on a promissory note executed to said guardian by appellant, under the name o...
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— Appellee sued appellant in tbe Wayne Circuit Court and obtained a decree enjoining appellant from maintaining on bis land a fertilizer plant, alleged to constitute a private nuisance. Appellee also obtained a judgment for $150 damages. Tbe only error assigned and argued on appeal is tbe action of the trial court in overruling appellant’s demurrer to tbe complaint. 1. Tbe only objection urged aga...
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Appellant brought this actiou to recover damages for personal injuries received by him while in the employ of appellee. The ease was tried by a jury, which re*179turned a general verdict in favor of appellant together with answers to interrogatories. Appellee’s motion for judgment in its favor on the answers to interrogatories was sustained, judgment rendered accordingly, and this appeal taken. Th...
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The decision in this proceeding affirms the obligation of the appellant to carry passengers on a continuous passage between the village of White Plains and the steamboat landing, so called, in the village of Mamaroneck for a single fare of five cents. As moje fully 'appears in the foregoing statement of facts, its predecessor, the Tarrytown, White Plains and Mamaroneck Bailway Company, owned an...
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The questions presented in this appeal are the same as those decided in the case of Selvage v. Talbott (1911), 175 Ind. 648, 95 N. E. 114, and on the authority of that case the judgment from which this appeal is prosecuted is affirmed....
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The plaintiff for several years has been the owner of a large factory at Steinway on Long Island, where it has been engaged in the manufacture of log-wood extracts or dyes, and during part of that period it has been supplied by the defendant through its regular system with water which in part was pumped by the defendant itself and in part supplied under a contract with a private corporation. Th...
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On the 20th day of July, 1899, the plaintiff, George M. Hard, one Edward Thompson, and the decedent’s testator, Sampson Q. Mingle, executed and delivered to the Chatham National Bank the following instrument: “ Eor value received and for the purpose of giving the Realty Corporation of North America credit at the Chatham National Bank of New York, we hereby jointly and severally guarantee the pa...
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In 1908 the state board of tax commissioners assessed the New York and Harlem Railroad Company for a special franchise constructed, maintained and operated by it in Park avenue, borough of Manhattan, city of New York, and included therewith the franchise for "Crossings: East 45th, 46th, 47th, 48th, and 49th, sts. east of Park Ave., East 45th, 46th, 47th, and 48th, streets West of Park Av., half of...
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[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 277 [EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 279 The relator is a domestic corporation, and a lessee from the New York and Harlem Railroad Company, a domestic ...
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A few minutes before seven o’clock on the morning of Septemper 15, 1911, Theodore Czarniejewski was killed by the explosion of a bomb near a pump in an open yard at the corner of Sumner and South Swan streets in the outskirts of the village of Batavia. The deceased was a Polish Russian. He married in Russia and came to this country, and to Batavia, with his wife about *256 fou...
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The indictment charged the defendant with killing one Saxon Serrell with a knife on the 17th day of May, 1911, in the city of Hew York. He is a negro of a low order of intelligence, about thirty-six years of age, and, in so far as is known, has no living relatives. He came to Hew York in the year "1898 and was employed in various hotels and apartment houses as bellboy. On October 19, 1900, he ent...
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The petitioner Hotchkiss, who alleges that .he is the provisional chairman in and for the state of Hew York for the Hational Progressive party, and the petitioner Fish, who alleges that he is the chairman of the Putnam county committee of said party, and each alleging that said party is a new political party, organized and existing throughout the United States, and that it intends to cause nomina...
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Order of Appellate Division modified so as to direct that mandamus issue to the board of elections, commanding it to receive certificates of nomination for public offices other than municipal offices to be voted for in a district less than the whole state, but greater than a town or ward of a city, and also for candidates for member of assembly, when signed by five hundred voters qualified as pre...
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The testimony of the witness as to the conclusions drawn by him from what he saw was not admissible as the conclusions made by an ordinary witness from observation of things which cannot be reproduced and therefore although involving opinion admitted ex necessitate, as to which see Commonwealth v. Sturtivant, 117 Mass. 122, 133; Beverley v. Boston Elevated Railway, 194 Mass. 450; Partelow v. Newto...
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The judge who saw the witnesses and heard the testimony made certain findings of fact as a basis for the decree, and these must stand unless they are clearly erroneous. In our opinion they are amply sustained by the reported evidence. The plaintiff Allen, as trustee for himself and other beneficiaries, owned a tract of about twenty acres in the city of Worcester, and laid it out as a residential s...
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delivered the opinion of the court: This is an action in debt brought in the municipal court of Chicago to recover the penalty provided by sections 9 and 10 of the Medical Practice act of 1899 for a second violation of section 7 of that act. The action was begun by the filing of a praecipe and statement of claim, in which it was alleged that plaintiff in error practiced medicine, as defined in sec...
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delivered the opinion of the court: The defendant in error obtained a decree setting aside a deed executed to her daughter, and the defendants sued out a writ of error. The daughter, Rozalia Janikowski, died during the pendency of the suit in the circuit court, and the plaintiffs in error are her husband and four children. The grounds on which the validity of the deed was attacked were, first, tha...
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delivered the opinion of the court: Thomas L. Geiger filed a bill in the circuit court of Lee county to contest the will of his father, John L. Geiger, on the ground of mental incapacity. A trial of the issue . was had, the court, on the motion of the executor, directed a verdict in favor of the will, and a decree was entered dismissing the bill. On the appeal of the complainant that decree was re...
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delivered the opinion of the court: The county collector of Grundy county made application to the county court for judgment against the property of appellant, and for the sale of the same, for the delinquent taxes for ign levied in school districts 80, 83 and 84. Appellant objected to the levy for building purposes in each of said school districts, being one dollar on each $100 valuation in distri...
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delivered the opinion of the court: The appellee made application to the circuit court of Cook county for the initial registration of her title to certain real estate in that county. The examiner to whom the application was referred reported that the appellee was the owner of a base or determinable fee simple estate in the premises, subject to be determined, as to two-thirds thereof, by her re-mar...
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delivered the opinion of the court: The appellees, heirs-at-law of George Miller, deceased, filed their bill in the circuit court of DeWitt county to set aside the last will and testament of the deceased on the ground that he lacked testamentary capacity at the time of the execution of the purported will and the two codicils thereto. Upon the trial the jury made special findings that the testator ...
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delivered the opinion of the court: Abe Weinstein was convicted in the municipal court of Chicago of pandering, and, the conviction having been affirmed by the Appellate Court, is seeking a reversal on the ground, among others, that the information was defective and should have been quashed upon his motion. The information was defective and should have been quashed because it was sworn to on July ...
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delivered the opinion of the court: The appellant, the Nutwood Drainage and Levee District, filed objections with the board of review of Jersey county, claiming as exempt from taxation a steam boiler, engine and machinery located within the boundaries of the drainage district and used in carrying on the business of the district, the articles being essential parts of the pumping plant. The board of...
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delivered the opinion of the court: Augusta Meyer filed her bill for divorce in the superior court of Cook county against her husband, Frederick C. Meyer, plaintiff in error. The bill charged plaintiff in error with habitual drunkenness and extreme and repeated cruelty, and alleged that the complainant owned certain furniture and personal property which she used in conducting a rooming house in th...
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delivered the opinion of the court: Robert Dunshee died testate on March 2, 1910, at his ' home in Carroll county, Illinois, leaving surviving him his widow, Sadie K. Dunshee, but leaving no children or descendants. By his last will and testament, executed January 26, 1910, he bequeathed to his wife $1000 in lieu of her award and devised to her 320 acres of land in fee simple, together with the un...
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delivered the opinion of the court: The Kickapoo Drainage District, defendant in error, was organized under the Levee act in 1908. The original assessment roll was filed by the commissioners and confirmed at the August term, 1909, of the county court. In 1910 the commissioners filed a complaint in the county court, stating that the lands therein described (among them being the lands of plaintiffs ...
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delivered the opinion of the court: Plaintiff in error, George Gibson, was found guilty, in the criminal court of Cook county, of statutory rape upon Ida Cedergren, a girl twelve years of age at the time of the alleged crime, and sentenced to the penitentiary for seven years. This writ of error was thereupon sued out. The father of plaintiff in error was the proprietor of a stone yard on the south...
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delivered the opinion of the court: Appellant filed his bill to redeem from a master’s foreclosure sale in the circuit court of Cook county. Appellees answered, and the cause was referred to the master with direction to report his proofs with findings. The master reported finding all the issues for the appellees and recommended that the bill be dismissed for want of equity. The report of the maste...
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delivered the opinion of the court: The relator, James W. Waber, asked leave to file in this court his petition for a writ of mandamus against the defendant Hosea W. Wells, a judge of the municipal court of the city of Chicago, commanding him to vacate and expunge from the records of said court two orders entered by him, one on December 18, 1911, setting aside, conditionally, a verdict and judgmen...
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delivered the opinion of the court: -On December 15, 1911, defendant in error Charles R. Lindsay, Jr., filed in the juvenile branch of the circuit court of Cook county a petition charging that William Lindsay, a male child under seventeen years of age, was a dependent child and did not have proper parental care; that his father was dead and he was in the care of his mother, Elizabeth Lindsay, and ...
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delivered the opinion of the court: Michael Stonebraker died testate in 1859, leaving his wife, Catherine Stonebraker, and his six children, surviving him. He died seized of 709.78 acres of land in Ogle county and a considerable amount of personal property. He resided upon one tract of this land containing 160 acres and occupied it as his homestead at the time of his death. Adjoining this tract, a...
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delivered the opinion of the court: This was a bill in chancery filed by the heirs-at-law of Rebecca E. Wilson, deceased, against Nellie A. Pensione, individually and as executrix, to set aside the probate of the last will and testament of said Rebecca E. Wilson on the ground of undue influence and want of mental capacity to make a will. An answer and replication were filed and issues of fact were...
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delivered the opinion of the court: The plaintiffs in error, Mamie Schlick and Wilton B. Judd, by means of a writ of error sued out of this court seek the reversal of a decree entered in the circuit court of Cook county on a bill filed against them and Noah VanKleef by the defendant in error, Caroline Karle, setting aside a sale on execution, a redemption therefrom, a sale in pursuance of redempti...
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It is apparent from the foregoing statement of facts that no freehold is involved upon this record and that this court is without jurisdiction to hear and determine this cause. Galbraith v. Plasters, 101 Ill. 444; Johns v. Boyd, 117 id. 339; Blackman v. Preston Bros. 119 id. 240; Herdman v. Cooper, 125 id. 359; Wilkinson v. Gage, 133 id. 137; Kronenberger v. Heinemann, 190 id. 17; Charleston State...
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delivered the opinion of the court: Caroline Kneip and others, owners of property located on Janssen avenue between Cornelia and Roscoe streets, filed a bill in the superior court of Cook county against Charles FI. Schroeder to enjoin him from constructing a building on said street which will occupy a portion of the space between the street line and the building line as established by the plat sub...
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delivered the opinion of the court: William L. Martin, as State’s attorney in and for White county, filed an information in the county court, the fourth count of which charged that plaintiff in error, Felix Viskniskki, on or about the fifteenth day of December, in the year of our Lord one thousand nine hundred and eight, at and within the county of White aforesaid, in the State of Illinois, “did u...
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This was a bill in chancery filed by Saxton S. Barrett, as executor and individually, against Mary K. Barrett and the other defendants in error, in the superior court of Cook county, for a construction of the last will and testament of John R. Barrett, deceased. The defendants appeared in person or. by guardian ad litem and answered the bill, and a replication was filed. The cause was tried withou...
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delivered the opinion of the court: This was an action brought by appellees, George W. Noble and James F. Noble, against appellants, for the partition of the north-east quarter of the south-east quarter of section 14, town 12, north, range 4, west of the third principal meridian, in Henderson county, Illinois. The bill alleged that Clarinda Alice Noble died in March, 1906, leaving no child or chil...
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delivered the opinion of the court: This was a bill in chancery filed by the appellant in the superior court of Cook county, against the appellee, to remove a judgment lien as a cloud upon the title to certain real estate owned by the appellant, situated in the city of Chicago. A demurrer was interposed to the bill and sustained and the bill was dismissed for the want of equity, and an appeal has ...
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delivered the opinion of the court: Julius P. Taylor, the appellant, filed his bill in the circuit court of Cook county against Prank Marshall, William Marshall, Myrtle Ryan and Charles Reight to enjoin them from conducting a house of ill-fame in certain ‘premises in the city of Chicago known as 171, 173 and 175 Twenty-first street. By his bill he 'alleged that Elnoria H. Fowler was the owner in f...
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delivered the opinion of the court: This was a bill in chancery filed by the complainants against the defendants in the circuit court of McLean county to quiet title in themselves and to remove two or more deeds as clouds upon the title to certain land situated in said county, which was improved and in the possession of the defendants. The court sustained a demurrer to the bill and dismissed the s...
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delivered the opinion of the court: In a condemnation proceeding filed in the superior court of Cook county in 1907 by the Chicago and Northwestern Railway Company against various owners of property included in the site now occupied by its new Chicago city passenger depot, the jury assessed the damages for the benefit of the owners of certain premises which for the purpose of this case may be desc...
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delivered the opinion of the court: This was a bill filed by the appellees for a partition of the north-west quarter of section 8, township 11, north, range 7, east of the third principal meridian, in Christian county. The bill alleged that Sarah L. Cox was the owner of said tract of land at the time of her death, July 7, 1895 ; that she died intestate, leaving no child or children or descendants ...
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delivered the opinion of the court: William N. Robeson and Robert L- Robeson, the appellants, filed their bill in the circuit court of Lawrence county against Ella Cochran, Charles Richardville, Lida Sipes, and others,' appellees, for the partition of sixty-three acres off of the south end of location 16, in township 3, range 10, in Lawrence county. The complainants claimed to own an undivided one...
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delivered the opinion of the court: Plaintiffs in error and John Doe were jointly indicted in the circuit court of Peoria county for the crime of setting-fire to and burning the household goods, wares and merchandise of the plaintiff in error Darr, which were insured against loss by fire by the German Fire Insurance Company of Peoria, Illinois, with intent to injure and defraud said insurance comp...
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delivered the opinion of the court: This is an appeal from a decree of the circuit court of Whiteside county sustaining the last will and testament of John Cunniff, deceased. Cunniff died seized of a farm worth from $16,000 to $20,000 and a small amount of personal property. He left surviving him five children,— Catherine E., Elizabeth H. and Edward F., who were complainants in the bill, and John ...
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delivered the opinion of the court: Sarah Rittenhouse filed a bill in the circuit court, of St.. Clair county seeking to have the legal title to forty acres of land declared to be in her and to cancel an administrator’s deed made to her deceased husband, William J. Rittenhouse, as a cloud upon her title. The theory of the bill is that appellant made an arrangement with her husband to purchase the ...
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delivered the opinion of the court: The State’s attorney of Edgar county by leave of court filed an information in the circuit court of that county to its June term, 1910, upon the relation of C: T. Biddison, in the nature of a quo warranto, alleging that the Board of Education of the Paris Union School District was unlawfully usurping and exercising the powers of school directors and school trust...
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delivered the opinion of the court: This is a writ of error to the circuit court of McLean county to review the decree of that court in a partition proceeding involving the construction of the will of William J. Kerber, who died in 1906 leaving an estate of about $80,000, including real estate in said county. His widow died September 11, 1911, and thereafter this bill w.as filed. Plaintiff in erro...
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delivered the opinion of the court: On June n, 1909, E. H. Stemm filed his bill in the circuit court of Livingston county asking the court to decree that he was the owner of certain property in Pontiac, in said county, which he alleged had been wrongfully acquired by Edward J. Gavin, the appellant, while his agent and assuming to act for him as such, and that the appellant be compelled to re-conve...
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delivered the opinion of the court: This was a bill in chancery filed by the appellee against the appellant, in the circuit court of Montgomery'county, to enjoin the appellant from obstructing a natural watercourse at the point where it crosses one of the public highways of the said town and to require him to remove an obstruction which he had placed in said water-course. An answer and replication...
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delivered the opinion of the court: Defendant in error brought suit in the municipal court of the city of Chicago in a case of the first class against H. O. Conklin, Doren Bugbee and plaintiff in error, as co-partners. Summons was issued to the bailiff of the municipal court on the day the suit was instituted and was served on the defendant Bugbee, only. Bugbee appeared and filed his affidavit of ...
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delivered the opinion of the court: The executors of the last will and testament of Silas Rosenthal, deceased, recovered a judgment in the circuit court of Logan county against plaintiff in error in the. sum of $2500 for the death of Rosenthal, caused by being struck by a tender attached to plaintiff in error’s engine while crossing the railroad tracks over Pulaski street, in the city of Lincoln. ...
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delivered the opinion of the court: The circuit court of Kankakee county held, in a suit to' construe the will of Louis Lawrence, deceased, that the forty acres of land in controversy in this case, being the east half of the west half of the south-west quarter of section 29, town 32, north, range 12, east of the third principal meridian, passed by the following clause in the will: “Second—I give a...
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delivered the opinion of the court: Plaintiffs in error and one Sam Mascarella were indicted, jointly, in the circuit court of LaSalle county, for murder. Mascarella gave bail and left the State and was not tried with plaintiffs in error. They were found guilty by the jury, who fixed their punishment in the penitentiary at fourteen years. This writ of error was then sued out. The murder of Joseph ...
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delivered the opinion of the court: The town of Shelbyville is a township of the county of Shelby, which is under township organization, and the city of Shelbyville is incorporated under the general laws of the State, situated within the township and covering only a part of its territory. On April 7, 1908, the proposition, “Shall the town of Shelbyville become anti-saloon territory?” was submitted...
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Appellant filed its bill in chancery in this case praying the specific performance of a contract to convey certain real estate described in the contract. After issue was joined the case was referred to a master in chancery to take and report the testimony, together with his conclusions thereon. The master reported that in his opinion appellant was not entitled to specific performance and he recomm...
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delivered the opinion of the court: The appellants filed their bill in the circuit court of Peoria county contesting the will of Theresa Yess on the grounds of mental incapacity and undue influence of the appellee Joseph Yess. Upon the trial- the court withdrew from the consideration of the jury the issue as to undue influence, and a verdict having been returned in favor of the appellees, a decree...
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delivered the opinion of the court: Appellee is a corporation organized under the laws of this State to “manufacture and sell, at wholesale and retail, bakers’ goods and restaurant supplies.” Its principal office is in Chicago, where its tangible property was assessed for the year 1911 by the local assessors. The same year -"the State Board of Equalization assessed its capital stock and franchise ...
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delivered the opinion of the court: This is an appeal from a decree of the circuit court of Montgomery county quieting title in appellee, Anna L,. Peabody, to a certain quarter section of land in that county. From the record it appears that the land in question was entered by or in the name of Ezra Peabody on June 23, 1851, as bounty land for his services in the Florida war, a patent being issued ...
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delivered the opinion of the court: This writ of error is prosecuted to reverse a decree setting aside a deed from Fred Smith to his brother, Herman, and another from the latter to Fred Smith’s wife, rendered by the superior court of Cook county in a suit brought by Frank M. McKey, as trustee in bankruptcy of Fred Smith. The bill alleged that the complainant was elected trustee in bankruptcy of Fr...
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delivered the opinion of the court: This is an appeal from a decree setting aside a deed made in his lifetime by James W. Davis to appellants for 270 acres of land in Knox county. Appellee is the widow of Davis, who made the deed to appellants on the*22d day of April, 1910. He died June 19, 1910. At the time of his death he was eighty-three years old and appellee (his wife) was seventy-two. They h...
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delivered the opinion of the court: The plaintiffs in error were tried and convicted in the circuit court of Franklin county under an indictment for murder, and were respectively sentenced to serve the following terms in the penitentiary: George Kazakis thirty years, Pete Barkas, John Xerigotis and Louis Lackos each twenty years, and John Kalamaris, Jim Dimos, Christ Pitzounis, Bill Tatsis, Minos ...
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delivered the opinion of the court: The county court of Cook county sustained legal objections interposed by Carl Berglund and other property owners, appellees, to the petition of the city of Berwyn, appellant, for the confirmation of a special assessment levied for the cost of a sewer, and dismissed the petition. The case comes to this court on appeal from that judgment. The objections presented ...
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delivered the opinion of the court: A petition for leave to file an information in the nature of a quo warranto was filed in the circuit court of Cook county in the name of the People, upon the relation of McKenzie Cleland, against Albert C. Barnes, respondent, to require him to show cause why he should not be ousted from the office of judge of the superior court of Cook county, to which office re...
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delivered the opinion of the court: Plaintiff in error first contends that the evidence of defendant in error, together with the justifiable inferences to be drawn therefrom, wholly fails to establish a cause of action under any of the counts on which the case was submitted. The first amended count charged that by reason of the failure of the plaintiff in error to comply with the statutory require...
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The Surrogate’s Court of the county of New York denied the application of the Guaranty Trust Company that letters testamentary under the will of Herman Bergdorf be issued to it. The Appellate Division reversed the order of the Surrogate’s Court and granted the application. The facts involved are not in dispute. Herman Bergdorf died January 11, 1911. The will was dated November 2,1904, and ...
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Order of Appellate Division reversed and judgment of Trial Term affirmed, with costs, on dissenting opinion of Ingraham, J., below. Concur: Cullen, Ch. J., Gray, Haight, Martin, Vann and Werner, JJ. Not voting : Bartlett, J. ...
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At common law a male infant attains his majority when he becomes twenty-one years of age and all unexecuted contracts made by him before that date, except for necessaries, while not absolutely void are voidable at his election. The contract in question was executory in form and unexecuted in fact, and as the defendant was under age when it was made, his infancy is an absolute defense unless an ...
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We concur in the opinion of Spring, J., below, holding that the second provision of the will of Sarah J. Clement, deceased, in which she gave, devised and bequeathed to her daughter, Helen Springer, her printing office and bindery, together with all presses, bindery machinery, type, paper on hand, office furniture and equipment of every nature connected with said business, was intended to include...
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Appellant was convicted of murder in tbe first degree, the jury fixing as punishment therefor the death penalty. On September 2, 1907, appellant, then a boy little past sixteen years of age, was sentenced to the Indiana Reformatory to serve an indeterminate term of from one to fourteen years for grand larceny. His early life had been hard. His home surroundings were not good. He had worked in the ...
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Appellant was charged by affidavit with violating §2446 Burns 1908, Acts 1907 p. 218, in that he “did then and there unlawfully distribute and cause to be distributed from house to house in said city [Indianapolis] a certain sample of medicine known as Wade’s System Cleanser, by handing to Glenn O. Dicks, a person over the age of sixteen years, at his residence in said city, ’ ’ etc. The only erro...
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Appellant was convicted by a jury on an affidavit charging him with perjury. A plea in abatement was filed, to which a demurrer was sustained, and this action of the trial court is assigned as error. The ground of demurrer was “that the facts stated in said plea * * * are not sufficient in law to constitute a defense to said action.” It is conceded by the Attorney-General that the demurrer ivas in...
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This is the second appeal in an action by appellee to recover damages for the death of his minor son alleged to have been caused by the negligent use and operation of a passenger elevator in appellant’s office building. The first appeal resulted in a reversal of a judgment in appellee’s favor by reason of error on the part of the trial court in admitting incompetent evidence. Ohio Valley Trust Co....
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This is an application by Stephen W. Brady el al. for leave to file a transcript and an assignment of errors, and to prosecute an appeal from a judgment of the Superior Court of Tippecanoe County, rendered March 30, 1912, establishing a drain under the drainage law of 1907 (Acts 1907 p. 508, §6140 et seq. Burns 1908). 1. Under the provisions of §6143 Burns 1908, Acts 1907 p. 508, §4, no appeal can...
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Action by appellant against William Qninn and Loren A. White, judgment creditors, and Gabriel Doyle, sheriff of Starke county, to enjoin a levy and sale under an execution issued on a judgment against said appellant in favor of Quinn and White. Appellees’ demurrer was overruled and answers filed. Trial by court, resulting in a decree enjoining the sale, under the execution, of any of appellant’s p...
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Appellee Pyles and fifteen other landowners filed on September 30, 1907, a petition in the Jackson Circuit Court for the drainage of certain lands and highways. Such proceedings Avere thereafter had without any objection *74interposed, that on November 25, 1908, a report of commissioners was filed, reporting the proposed work to be of public utility, to be practicable, and that it would improve th...
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— This is a suit by appellee, the sole beneficiary of an insurance certificate issued by appellant to James Edward Collins, husband of appellee, to recover on such certificate. This is a second appeal, a former judgment in appellant’s favor having been reversed by this court on account of the error of the lower court in giving a peremptory instruction in appellant’s favor. Collins v. Catholic Orde...
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Appellee filed this suit to compel specific performance of a covenant contained in a deed by which she conveyed to the first named appellant a strip of land constituting its right of way across her farm for an electric interurban railway. The house and other buildings on appellee’s land were situated about forty rods back from the highway and were reached by a private lane extending over her lands...
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— Appellee brought this action against appellant to recover damages for an alleged assault on appellee while he was a passenger on one of appellant’s trains. Prom a verdict and judgment in favor of appellee in the sum of $325, appellant prosecutes this appeal. The complaint is in two paragraphs, and the averments of each are, in all material respects, the same. The sufficiency of each paragraph wa...
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— The identical question presented by this appeal was decided against appellant in the case of Aetna Indemnity Co. v. Indianapolis, etc., Fuel Co. (1912), 178 Ind. 70, 98 N. E. 706. Judgment affirmed....
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— This action was begun by the filing of exceptions to the report and final settlement of Annie J. Huffman, guardian of Alonzo A. Huffman, a person of unsound mind. The exceptions were filed by Hubert C. Chenneour, as next friend of Alonzo A. Huffman. Appellant has separately assigned error based on each of the exceptions to the report of the guardian, and also that the court erred in overruling a...
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This is a petition for a writ of mandamus. At the hearing before the single justice,* the petition was dismissed. From this decree the petitioner has appealed. The statute does not allow an appeal from a decision of a justice of this court in. a proceeding at law, that procedure being confined to decisions of the Superior Court. R. L. c. 173, § 96 as amended by St. 1906, c. 342, § 2, and St. 1910,...
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Appellee recovered in this action against appellants for personal injuries alleged to have been caused by their negligence. Appellants assign error of the trial court in overruling their demurrers to each paragraph of complaint, in overruling their motion for judgment upon interrogatories and answers returned thereto by the jury, notwithstanding the general verdict, and in overruling their motion ...
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This was an action to recover damages from appellants on account of the death of Selma Clark, appellee’s decedent, alleged to have been the result of injuries caused by appellants’ negligence on November 1, 1906. *6491. *648Cleveland, etc., R. Co. v. Clark (1912), 51 Ind. App. 392, 97 N. E. 822, is a companion case to this, being an action for damages caused by the negligent killing of Maggie Clar...
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— This was an action for slander. Appellee filed an answer of general denial to the complaint of appellant, and the issue thus formed was submitted to a jury for trial. After plaintiff had introduced his evidence and rested, defendant made a motion for a peremptory instruction in his favor. This motion was sustained, and the court thereupon instructed the jury in writing to return a verdict for de...
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— This was an action for divorce. The complaint charged appellant with cruel and inhuman treatment, and specified the acts and conduct of appellant relied on as constituting such treatment. The cause was put at issue by a general denial. A trial by the court resulted in a finding for appellee, and a judgment and decree granting her a divorce, the custody of three minor children, named in the decre...
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delivered the opinion of the court: Harry Kilduff, defendant in error, recovered a judgment in the circuit court of Macoupin county for $1500 for personal injuries sustained by him while working as a miner in one of the rooms of the Consolidated Coal Company’s mine. The declaration charges a violation of the statutory duty to inspect the working places of the mine and place a conspicuous mark at a...
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Appellants filed a petition in the commissioners’ court of Jasper county, Indiana, for the improvement of certain highways in Jordan township, in said county, as provided by §7711 et seq. Burns 1908, Acts 1905 p. 521. The petition was set for hearing June 6, 1911, and notice given in compliance therewith. On said date, appellee, as a taxpayer of said township, owning land directly affected by the ...
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Appellant was convicted upon a grand jury indictment charging him with keeping and operating a place where intoxicating liquors were sold, bartered or given away in violation of §8351 Burns 1908, Acts 1907 p. 689. Halford G-. Davis, Bramble Perkins and appellant were indicted jointly by the grand jury of Clinton county, Indiana. Appellant’s motion for a separate trial was granted, and on a plea of...
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Appellant was tried by a jury, and convicted of the crime of manslaughter, on an indictment charging him with the murder, in the first degree, of Levi Pipenger. Appellant contends that various errors were committed by the trial court in giving, and in refusing to give, instructions to the jury. The Attorney-General claims that appellant has waived his right to a consideration of these alleged erro...
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This action was commenced by Olga I. Lindley, on her verified petition and motion to set aside default, and open up and modify a judgment rendered by the Randolph Circuit Court in 1894, foreclosing a tax lien on lands described in the motion, and wherein appellant was plaintiff and appellees were defendants. It is averred in the petition and motion that the petitioner by devise from her father was...
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— Appellant brought this action against appellee to recover certain money alleged to be due him on account of a partnership business which had been conducted by the parties. Appellee filed an answer to appellant’s complaint in eleven paragraphs, the eighth, ninth and tenth of which asked for affirmative relief. Issues were joined and the canse tried by a jury, which returned a verdict for appellee...
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— Action by appellant against appellees for false imprisonment. Trial by jury, with verdict and judgment for appellees. The single error assigned and relied on for reversal is that the court erred in overruling appellant’s motion for a new trial. The causes for a new trial set out in the motion are that the court erred in giving to the jury certain instructions of its own motion and other instruct...
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1. — The record' and briefs in this case disclose no error, and the judgment is therefore affirmed. Judgment affirmed. Note. — Reported in 99 N. E. 799. See, also, 3 Cyc. 418....
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This is an action upon a policy of life insurance. It has been tried five times. The first trial resulted in a disagreement of the jury. Upon the second trial the plaintiff recovered a judgment which was reversed by the Appellate Division on an appeal therefrom and from an order denying a motion for a new trial. Although the decision did not state the grounds of this reversal, the opinion indicat...
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Appellee filed an application before the Board of Commissioners of the County of Grant for a license to sell intoxi- ■ eating liquors at wholesale in the city of Marion. The board of commissioners found that a local option election had been held in said city on February 28, 1911, and that the Board of Commissioners of the County of Grant had found and declared that of the legal votes cast at said ...
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Prosecution, by indictment, against appellant for violation of the act of March 8, 1909 (Acts 1909 p. 441), commonly called the “automatic bell-ringer act”. Motion to quash indictment overruled. Appellant entered'a plea of not guilty, and also filed a special plea in writing. Trial by the court, resulting in a finding of guilty. Motion for a new trial overruled. Motion in arrest of judgment overru...
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Appellant was sued by appellee for breach of an alleged promise of marriage. The cause was tried by a *488jury, and a verdict rendered in favor of appellee, and over motion and causes for a new trial judgment was rendered against appellant. The only error assigned here and relied on is that of overruling the motion for a new trial, on the grounds, principally, that the verdict is contrary to law a...
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*5691. *568Appellant was convicted of beeping a gaming device in violation of §2474 Burns 1908, Acts 1905 p. 584, §565. From a judgment imposing a fine of $25 this appeal is prosecuted. The only error assigned is the action of the *569lower court in overruling appellant’s motion for a new trial; and the only question raised under that assignment relates to the sufficiency of the evidence to sustai...
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Appellees filed their petition in the Delaware Circuit Court, to establish a drain affecting lands and public highways in Delaware and Henry counties, Indiana, under §6141 Burns 1908, Acts 1907 p. 508, §2. On the filing of a second or new report by the drainage commissioners, in compliance with an order of court, and striking out a remonstrance thereto by appellants Ocker, Painters, and others, an...
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— The record on file in this case recites that this cause was submitted to the court below for trial, and, pursuant to a request by defendant, the court made and filed its special findings of facts and stated its conclusions of law thereon. The findings, the conclusions of law and the judgment of the court are set out in the record, but the pleadings are entirely omitted. Appellant assigns as erro...
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This was an action in the ordinary form, brought by appellee against appellant on a note for $600, interest and attorney’s fees, executed by appellant to appellee. Appellant filed an answer in five paragraphs,: a general denial, a plea of payment, a plea of want of consideration, two paragraphs of set-off, and a cross-complaint. Demurrers to each paragraph of answer except the first were overruled...
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— This is an appeal from a judgment for $428.24 in favor of appellee. The action was based on a parol contract of insurance. This court is asked to reverse the ease on two grounds:' (1) That the lower court erred in overruling appellant’s demurrer to the complaint, and (2) that the court erred in refusing to grant appellant’s motion for a new trial. Appellant in its brief fails to point out any sp...
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— Action by the State of Indiana on the- relation of Killion Hotz, hereinafter referred to as appellee, against appellant, John H. Norman, seeking to oust the latter from the office of road supervisor and to obtain the possession thereof. The cause was tried by the court on an agreed statement of facts, and from a finding and judgment in favor of appellee this appeal was taken. The only error assi...
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— This action was originally instituted by appellee James B. Allfree against the Allfree Engine Company, a corporation, to recover the sum of $23,320.49, loaned to the Allfree Engine Company at different times, and which, it was alleged, said Allfree Engine Company had promised to pay on demand. A second paragraph of complaint was filed, in which a receiver for the Allfree Engine Company was asked...
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— Action by appellant, as receiver of the Indiana-Ohio-Illinois Railway Company, against appellees, about two hundred in number, to recover on stock subscriptions made by each of said appellees to said railway. The court sustained a demurrer to> the second amended complaint, and, appellant refusing to plead further and electing to abide by his complaint and exception to the ruling of the court in ...
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— Appellants brought this action to enjoin appellees from constructing a ditch provided for in the plans and specifications for certain public road improvements. A temporary restraining order was issued, and on final hearing said order was made perpetual in part and dissolved in part. The questions presented by the appeal do not require us to set out in detail the verified complaint on which the t...
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This was an action for damages on account of personal injuries alleged to have been caused by the negligence of appellant. The case was tried and appealed once before. National Biscuit Co. v. Wilson (1907), 169 Ind. 442, 82 N. E. 916. The issues in the present trial were formed by an amended complaint in two paragraphs and an answer in general denial, the cause was tried by a jury, and a verdict f...
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Appellee brought this action against appellants to recover damages for negligently causing the death of John B. Gordon. The issues, joined by a general denial to the complaint, were submitted to a jury for trial, and a general verdict, with answers to 145 interrogatories, was returned in favor of appellee. These answers formed the basis for a separate motion-by each appellant for judgment notwiths...
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— Appellant brought this action to recover a balance alleged to be due him on account of work done and material furnished by him in the construction of a brick building under a contract between him and appellees, Henry and Louis Brandt, doing business under the firm name of “Brandt Brothers”. The complaint also included an item designated an “extra”, for which recovery was asked. The case was trie...
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— Action by appellants against appellees to quiet title in which appellees recovered judgment. Appellants have assigned error in sustaining demurrers to the second, third and fourth paragraphs of complaint, and in overruling their motion for new trial. 1. They have not set out in their brief the demurrers or the grounds thereof, nor the motion for a new trial or the grounds thereof. These failures...
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Appellee brought this action to recover damages for injuries, resulting in the death of the decedent, Prank Shearer, while in the employ of appellant. Trial by jury resulted in a verdict for appellee in the sum of $4,000, upon which judgment was rendered. Appellant’s assignment of errors challenges the sufficiency of the facts alleged in each paragraph of appellee’s amended complaint to state a ca...
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On January 16, 1904, the parties entered into a written agreement by which the plaintiff agreed: 1. To transfer to defendants all his rights, interest and title in one share of stock of the Woodbury Dermatologk cal Institute of 27ew York, which said stock was at that time held by John H. Woodbury as trustee, said transfer to be subject to a trust agreement specified. 2. To release the...
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As a suggestion is made in relation to the right of the defendant to appeal we will dismiss the subject by saying that the Legislature in providing against delay through preliminary appeals, by the defendant, did not intend that the sufficiency of an indictment should be passed upon in sections, a part before and a part after final judgment. When the people appealed from the entire judgment rende...
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This action was brought to annul the marriage between the plaintiff and the defendant, which was alleged to have taken place on the 30th day of January, 1910, in the state of New Jersey. The plaintiff, whose maiden name was Amia Prell, is a daughter of Otto and Anna Prell, with whom she had lived all of her lifetime at No. 107 Seventh avenue, New York city. She, on the date of her marriage, was u...
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I concur in the opinion of Werner, J. It is theoretically possible at least that the railroad company may' have riparian rights attached to certain of the pieces of land owned by it. It is equally possible that ■they have no rights of the kind. The question depends on the terms and character of the conveyances by which the lands were granted to it. The record before us contains nothing but a refe...
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delivered the opinion of the court: This is an appeal from a judgment of the county court of Cook county confirming a special assessment for the improvement of Fifth avenue, in the city of Chicago, from South Water street to VanBuren street, by paving with creosoted wooden blocks. The cause was tried upon legal objections, which were overruled. Appellants thereupon waived further controversy and p...
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delivered the opinion of the court: The appellee filed a petition to establish title under the Burnt Records act, and a decree having been rendered in his favor, Jacob Glos, one of the defendants, appealed. Jacob Glos claimed title to the premises by virtue of certain tax deeds, which were set aside. He insists that there was no evidence of the invalidity of the tax deeds. The master found that th...
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delivered the opinion of the court: The Appellate Court for the Eirst District affirmed a judgment of the superior court of Cook county in favor of defendant in error for personal injuries, and the judgment of that court has been brought up for review by writ of certiorari. Katherine Babicz, the defendant in error, was injured in the collapse of a section of seats erected and used by the concessio...
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delivered the opinion of the court: On application of the county treasurer of Pike county the county court entered judgment and an order of sale against the land of appellant for delinquent annual and special drainage assessments of the Boyd Levee and Drainage District. In 1909 a special assessment was confirmed against the lands within the Boyd district for the purpose of widening and deepening t...
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delivered the opinion of the court: In 1907 the South Park Commissioners instituted proceedings to condemn two lots on the south-west corner of Princeton avenue and Forty-fifth street, in the city of Chicago. The jury returned a verdict valuing the two lots at $3226.25 and the improvements thereon at $2690. The South Park Commissioners in 1908 paid the total award for the lots and improvements int...
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delivered the opinion of the court: The plaintiff in error was convicted in the circuit court of Winnebago county upon an indictment containing one count, charging “that George Clark, late of said county, on the fourteenth day of September, in the year of our Lord one thousand nine hundred and eleven, at and within the said county of Winnebago, did unlawfully and feloniously obtain from John Dembi...
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delivered the opinion of the court: This is a case of the fifth class, brought by the city of Chicago in the municipal court of that city against Elias Drogasawacz for operating and maintaining a bakery without first obtaining a license under section 2 of a certain ordinance for regulating and licensing bakeries. Upon motion of defendant in error the summons was quashed and the suit dismissed, the...
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delivered the opinion of the court: Harry F. Cooper filed a bill in equity against his brother, Paul H. Cooper, seeking to have a d^eed declared to be a mortgage, and a decree for re-conveyance. The bill prays that in case the premises cannot be re-conveyed by reason of the rights of third persons having intervened, the defendant be required to account to complainant for the value of the land at t...
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delivered the opinion of the court: The plaintiff in error, Benjamin Miller, was indicted by the grand jury of Cook county, at the July term, 1905, of the criminal court of said county, for the crime of murder, was tried in said criminal court at the November term of that year and at the following December term of said court was sentenced to confinement in the penitentiary during his natural life....
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The plaintiff in error, Peter Neuens, was indicted for murder in the criminal court of Cook county at the June term, 1905, and on the sixth day of July, 1905, the same being one of the days of the July term of said court, entered a plea of not guilty.' Five days later he withdrew his plea of not guilty and entered a plea of guilty and was sentenced to the penitentiary, Judge Barnes presiding, upon...
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delivered the opinion of the court: This was an application by Levi L. Tower, as trustee under the last will and testament of Sophronia M. Tower, deceased, to register title under the Torrens law to lots 21, 22, 23 and 24, in block 1, in Millard &! Decker’s addition to the city of Chicago. All persons claiming to have any interest in the premises were made parties defendant and served with process...
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delivered the opinion of the court: This case comes to this court by writ of certiorari to the Appellate Court for the First District. Ida Thompson brought an action in case against the Northern Hotel Company for a personal injury and recovered a judgment in the superior court of Cook county for $5000, which judgment has been affirmed by the Appellate Court for the First District. Plaintiff .in er...
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delivered the opinion of the court: The plaintiffs in error filed a bill to set aside a deed executed by James M. Abernathie in his lifetime, a deed executed by his administrator, a master in chancery’s deed made upon a sale under a decree of foreclosure of a mortgage executed by James M. Abernathie, and certain subsequent conveyances based upon those deeds. The bill was dismissed and the record i...
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delivered the opinion of the court: William L. O’Connell, treasurer of Cook county, filed a bill of interpleader to require the parties interested to litigate and have their interests determined to $10,800 which had been paid to said treasurer as compensation for certain lots that had been condemned by the People’s Gas Light and Coke Company. All persons who were supposed to have any interest or c...
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delivered the opinion of the court: This is a bill filed in the circuit court of Will county in 1904 by appellees, alleging that they were the owners of several notes secured by trust deeds on a certain lot in Joliet, Illinois, and asking for the foreclosure of said trust deeds. After the pleadings were settled a hearing was had on the supplemental bill and answer before the court and decree enter...
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delivered the opinion of the court: On March 18, 1908, appellant filed a bill in the superior court of Cook county against appellees, Warren Springer, James B. Brougham and the Chicago Title and Trust Company, the objects of which were (i) to set aside the settlement of appellant with Springer involving an escrow agreement dated November 30, 1904; (2) to. revive the notes representing appellant’s ...
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delivered the opinion of the court: Plaintiff in error, John Mitchell, was arrested for the violation of an ordinance of the city of Chicago, and it is claimed a trial was had in the municipal court which resulted in a judgment finding him guilty and imposing a fine of $iob. It is also claimed by defendant in error that upon default having been made in the payment of the fine plaintiff in error wa...
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delivered the opinion of the court: This suit was brought in the municipal court of Chicago by appellee as a case of the fourth class, against appellant, to recover for the loss of goods of the plaintiff which were delivered by A. D. Juilliard & Co. to the defendant in New York' City, consigned to the plaintiff at Chicago, and were never delivered. The case was tried by the court without a jury on...
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This case is identical in its facts and the questions of law involved with the case of Nonotuck Silk Co. v. Adams Express Co. (ante, p. 66,) except that the value of the goods was $490.12, and the decision in that case is conclusive in this. The judgment of the Appellate Court is affirmed. Judgment affirmed....
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delivered the opinion of the court: This is a bill to foreclose a trust deed, filed by defendant in error on December 18, 1906, in the superior court of Cook county, Illinois. That court, after a reference to a master, sustained exceptions to his report and ordered the amended bill dismissed for want of equity. Upon appeal the Appellate Court for the First District reversed the decree and remanded...
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delivered the opinion of the court: Appellee recovered a judgment in the circuit court ,of Cook county against appellant for personal injuries alleged to have been sustained while working on its coal dock. The judgment was affirmed on appeal to the Appellate Court for the First District and a certificate of importance was granted. This appeal followed. When the issues were finally made up the decl...
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delivered the opinion of the court: The circuit court of Cook county awarded a peremptory writ of mandamus against the mayor of Chicago, commanding him to issue a license to keep a dram-shop, and he has appealed. Various arguments are presented in support of the appellant’s assignments of error, but his substantial defense on the merits rests upon the provisions of sections 2 and 3 of an ordinance...
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Appellee, Thomas Bartkowiak, filed his bill in the superior court of Cook county against Martin Malinowski, appellant, to compel the specific performance of a contract and for injunction. The bill alleged that in February, 1908, appellee was conducting a saloon in the city of Chicago on premises owned by himself; that he leased the premises for a period of three years to appellant and sold him his...
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delivered the opinion of the court: This was a bill in chancery filed by the appellees against the appellants, in the circuit court of Moultrie county, for the partition of two small parcels of real estate situated in the village of Sullivan, in said county, between the heirs-at-law of Millie Ann Harvey, of which it was averred the latter died seized, and to set aside as a cloud -upon the title to...
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delivered the opinion of the court: On January 5, 1905, the defendant in error, Gross Loge des Deutschen Orden der Harugari des Staates Illinois, (Grand Lodge of the German Order of Harugari of the State of Illinois,) hereinafter referred to as the Illinois grand lodge, together with the United States Grand Lodge of the German Order of Harugari, as complainants, filed four bills of complaint in th...
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delivered the opinion of the court: Appellant, Edward Oehler, who is the owner of certain lots in the city of Chicago, obtained an injunction against the appellee in 1908, in the superior court of Cook county, enjoining appellee from doing certain acts or producing certain conditions in the conduct of the stable on premises owned by him immediately north of the premises owned by appellant, which p...
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delivered the opinion of the court: This is an appeal from a decree of the circuit court of Ford county dismissing appellant’s bill for want of equity. This case was heard in this court before on appeal from a decree dismissing the bill after demurrers to the same had been sustained, and is reported as Stephens v. Collison, 249 Ill. 225. After the cause had been re-instated in the circuit court ap...
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delivered the opinion of the court: The judgment which was reviewed in the case of Ladd v. Ladd, 252 Ill. 43, was rendered at the February term, 1911, of the circuit court of Henry county. It was in ejectment, and after its affirmance and the denial of a petition for a rehearing, the defendants, against whom judgment was rendered, obtained a new trial under the statute, which resulted in another j...
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delivered the opinion of the court: This bill was filed by Corda Frame Stevens, the appellant, in the circuit court of Montgomery county, for the partition of 597 acres of land in Montgomery and Bond counties and some town lots in Bond county, of which the bill alleges John S. Steven’s, the grandfather of appellant, died seized. The court by its decree found that the said lands had been conveyed b...
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delivered the opinion of the court: Rothschild & Co., a corporation engaged in the department store business in Chicago, among other things did an extensive retail business in’ pianos. It is alleged that since May 15, 1906, the company has used in its piano business the word “Meister” as a trade-mark for pianos handled by it; that said Meister pianos had become well known all over the United State...
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delivered the opinion of the court: This is a proceeding for a new special assessment under section 46 of article 9 of the Cities and Villages act of 1872, (Rev. Stat. 1874, p. 239,) to pay the unpaid proportionate share of the cost of a park sewer constructed in Irving Park boulevard from the north branch of the Chicago river to Milwaukee avenue. On February 2, 1891, the city council passed an or...
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delivered the opinion of the court: This s a writ of error to the county court of Pike county to review the judgment of that court in entering an order establishing a sub-drainage district in said county, designated as the Kiser Creek Sub-drainage District, and which subrdistrict is located within the boundaries of the Sny Island Levee Drainage District, under the provisions of section 59 of the L...
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delivered the opinion of the court: This is a writ of error sued out to review a decree of the circuit court of Logan county sustaining the will of Alexander Donnan. This case is before us for the second time, the decision on the former review being reported in Donnan v. Donnan, 236 Ill. 341. For a statement of the case reference will be had to the former opinion. At the conclusion of the second t...
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delivered the opinion of the court: George A. Bell filed his bill in the superior court of Cook county against Eliza J. Bell, Jacob Glos, Emma J. Glos, August A. Timke, and others, alleging that he and Eliza J. Bell were the owners in fee simple, as tenants in common and in possession, of a large number of lots described in the bill, in Bell’s re-subdivision of Stephan’s addition to Park Ridge; th...
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delivered the opinion of the court: . Vincent Altman was murdered while standing at the bar in the saloon of the Briggs House, in Chicago, at about one-thirty o’clock in the afternoon of March 22, 1911. The assassin shot him twice. One thirty-eight-caliber bullet, which was found, entered the right side and lodged in the liver. The other shot was in the back, and the bullet was left in the body an...
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delivered the opinion of the court: At the last term of this court leave was given to the relator, Christopher Mamer, to file a petition for a writ of mandamus commanding the defendant, John E. W. Way-man, State’s attorney of Cook county, to file in the circuit •court of said county a petition for leave- to file an information in the name of the People of the State of Illinois, in the nature of qu...
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These actions of tort, tried together, are brought to recover for injuries resulting from a collision which occurred at the intersection of two streets in Northampton, between a car of the defendant and the horse and wagon of the plaintiff, John J. Moriarty. Upon the evidence the jury could find the following facts: North Street runs easterly from and at right angles with King Street; and the Nort...
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The plaintiff seeks to restrain the defendants from interfering with her use of a certain spring of water. The *75plaintiff claims ownership of the spring as successor in title to Ira A. Brewer, to whom Gilbert D. Northrup, the defendants’ predecessor in title, in 1851, being then owner of both estates, conveyed an acre of land by a deed which contained this language: “The said Brewer is to have w...
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The main question presented for decision is • whether the evidence warranted the jury in finding that the sole cause of the plaintiff’s injury was the negligence of a statutory superintendent while exercising superintendence. The element of the plaintiff’s due care is eliminated as the defendant admits that there was evidence for the jury on that issue. The jury were warranted in finding these fac...
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The plaintiff mortgaged certain premises to the defendant’s testator. The defendant’s testator instituted foreclosure proceedings and the plaintiff alleges that the defendant’s testator agreed that if he, the plaintiff, would not bid at the foreclosure sale or procure other persons to bid, he, the defendant’s testator, would bid the premises in and sell them at private sale and pay over to the pla...
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This is an appeal from an order of the Superior Court overruling a plea in abatement. There has been no trial on the merits and no judgment. Hence the case is not properly *110here. It has been decided many times that this court has no jurisdiction to consider an appeal from any interlocutory decision until after judgment unless the judge reports the question. Cotter v. Nathan & Hurst Co. 211 Mass...
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The defendant had contracted to furnish the steam heating apparatus for a new mill that was being constructed, and at the time of the accident was engaged in hanging a line of steam pipe to the ceiling of the first story. The plaintiff was one of its employees and a short time before the accident had been sent to lower one of the hangers or hooks upon which the pipe rested. While doing this work h...
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This is an appeal from a decree of the Superior Court. The decree, after reciting that the cause came on to be heard upon the question of the claim of the adverse claimant to funds in the hands of the trustees, orders and adjudges that the claimant is entitled to the funds in the hands of the trustees, that the trustees be discharged, and that no costs be allowed to either party. The appeal is pro...
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This is an action of tort to recover damages for injuries sustained by the plaintiff while a passenger upon a car of the defendant. The accident occurred in the town of Montague, at a place where the defendant’s tracks had been constructed in accordance with a location duly granted within the limits of the highway, but on its side and not within its wrought portion. *104The cause of the accident w...
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The motion to quash was rightly overruled. The general rule is that when the statute sets forth with precision and certainty all the elements necessary to constitute the offense intended to be punished, an indictment or complaint which uses the words of the statute is sufficient. Commonwealth v. Barrett, *141108 Mass. 302, and cases cited. The rule is applicable to this complaint. At the trial the...
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The plaintiff introduced evidence tending to show that on the morning of the accident he had backed up in front of his brother’s store in Greenfield the delivery wagon which he had been driving, and was in the act of unloading a barrel of sugar therefrom, when the wagon was struck by one of the de*102fendant’s cars and the plaintiff was thrown from the wagon, receiving the injuries complained of a...
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This is an action of tort for the obstruction of an alleged right of way over a location occupied by the defendant. In 1846, David W. Childs, owning a farm through which the Connecticut River Railroad had been located recently, conveyed to that corporation land partly included within its location by a deed containing this language: “And it is understood and agreed that the said company are ... to ...
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Thé defendants had an oral contract with the Boston and Maine Railroad to carry the mail between the rail*152road station and the post office in Amesbury, and when the train arrived at seventeen minutes after nine on the morning of the accident, their employee was at the station with an ordinary express or delivery wagon. As somewhat vaguely described in the exceptions, “the seat had . . . two iro...
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This is an action of tort to recover for the death of the plaintiff’s intestate, a child too young to be capable of exercising care for her own safety, caused by the negligence of the defendant’s servants or agents in charge of its cars. Certain evidence tending to show carelessness on the part of the mother, who was in charge of the plaintiff’s intestate, was admitted subject to the plaintiff’s e...
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At the time of the accident the automobile was not registered in the name of its owner. It was therefore unlawfully upon the highway, and the defendant owed to the plaintiff no other duty than that of abstaining from injuring hita by wantonness or recklessness. The case is fully covered by Dudley v. Northampton Street Railway, 202 Mass. 443, and Chase v. New York Central & Hudson River Railroad, 2...
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In this case the fingers of the plaintiff’s right hand were drawn into the gearing of a machine which he was cleaning while it was in motion. He was working as helper to the operator of the machine and had been told by the operator to clean it. The operator testified that “the machine was running when . . . [he] . . . told . . . [the plaintiff] ... to go and clean it, but . . . [he] . . . had stop...
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The scene of the accident was a public way in the centre of which the double tracks of a street railway were so located as to leave an equal space between the outer rails and the opposite curb. The plaintiff had just alighted from the right hand side of an open electric car, and while in the act of stepping forward to cross the street to the curb in front, the defendant’s automobile, which had bee...
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The facts disclosed by the plaintiff’s evidence were substantially as follows: At about twenty minutes after four o’clock in the afternoon of December 8, 1905, the plaintiff’s testator with some five or seven other men was. at work in a trench removing the debris caused by a blast, when the dynamite in one of *127the holes exploded and caused the injuries here complained of. The blast in question ...
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This is a bill in equity to compel specific performance by the defendant of the following agreement under seal: *123“I agree to sell and convey, by warranty deed conveying a good title, free from all incumbrances, to Smith & Rice Co., Corporation, of Worcester, Massachusetts, for the sum of thirteen hundred dollars, the following described property: the farm on which I now live in Spencer, Mass., ...
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This is a petition to establish the truth of exceptions. The defendants seasonably filed exceptions, and on the seventeenth day of February, 1912, the plaintiff moved to dismiss *195them, alleging that the defendants had “ failed for an unreasonable length of time to present . . . said exceptions for allowance.” After a hearing, the judge of the Superior Court* found that “ upon the circumstances ...
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The defendant, although asking generally at the close of the evidence that a verdict be ordered in its favor, has waived the question whether there was any proof of its negligence, and contends, as matter of law, that the plaintiff failed to exercise due care. It- appears that with four other children, including his sister, the plaintiff was riding in a wagon moving over the roadway parallel to, a...
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Assuming (but without so deciding) in favor of the defendant that his appeal was seasonably'taken and properly entered here, no error is shown. The plea in abatement raised an issue of fact. The action of the Superior Court in overruling it presents no question of law. An appeal in an action at law brings before this court only errors of law apparent on the record. Electric Welding Co. v. Prince, ...
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This case is not before us properly. It is a petition for partition. A hearing was had before a judge of the Superior Court,* who filed a careful statement of the whole case and of his conclusions, entitled “Findings by the Court.” This was a finding of the material facts and his rulings of law upon them. Its concluding words were “Interlocutory judgment to be entered in accordance with the forego...
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This is an action of contract. The declaration alleges that the defendant as a common carrier received a log of veneer of the value of $62 shipped to the plaintiff, which it failed to deliver. The only defense now material is that the plaintiff had sued the New York, New Haven, and Hartford Railroad Company for the same cause of action, wherein the plaintiff recovered judgment which had been satis...
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If the defendant exposed poison with intent that it should be swallowed but it was not swallowed by the cattle in question, the jury had to find a verdict of guilty on the second count and a verdict of not guilty on the first. There is no inconsistency between the two. The other reason for arresting judgment was that “cattle” is not sufficiently definite. This was a cause existing before verdict n...
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This is a petition to enforce a mechanic’s lien for the balance due upon an entire contract made by the petitioner with the owner of the land for furnishing labor and materials. The case was submitted upon an agreed statement of facts, in substance as follows: The contract was dated on August 7, 1909. Subsequently certain mortgages were given by the owner, through the foreclosure of which the defe...
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This is a proceeding in mandamus to compel the Advisory Board of Sugar Creek Township, Hancock County, Indiana, to make a record of its proceedings relative to a contract of employment of relator to prepare plans and specifications for heating and ventilating a school building, and to correct other records, and to make an appropriation for payment of relator. The sole question is the sufficiency o...
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Appellant brought this action in the nature of an appeal from the action of the board of finance of Seward township, Kosciusko county, Indiana, under §13 of the act of 1907 (Acts 1907 p. 391, §7534 Burns 1908), on the refusal of appellee to approve its bond tendered, and to designate it as a depository for a part of the public funds of said township, and requested the court to investigate and make...
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This was an action for mandate brought under the act of March 6,1911 (Acts 1911 p. 541), which abolished the writ of mandate and provides that the causes of action theretofore remedial by means of such writs shall exist and be remedial by complaint and summons, in the name of the State on relation of the party in interest, as other civil actions. This appeal involves a construction of §23 of the a...
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Appellee was charged by appellant with the offense of selling intoxicating liquors as a beverage in Howard county, Indiana, on November 13, 1911, without a license. Appellee, being arraigned, entered a plea of not guilty. The ease was tried by a jury, and at the close of the evidence the court instructed the jury to return a verdict of not guilty. The jury, in compliance with said instruction, ret...
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Appellant was tried and convicted of the offense of murder in the first degree, and his punishment assessed by the jury at imprisonment in the state prison during his life. Over a motion for a new trial, judgment was rendered on the verdict. It is insisted by appellant in his brief that the court *585erred in overruling his motion for a new trial, for the following reasons: (1) “He was brought int...
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1. *5622. *561Appellant filed a claim against appellee Boyle, as receiver of The City Gas Company of Washington, Indiana, for money advanced for the benefit of the company, and for personal services rendered as manager thereof for a period of six years-. The receiver filed an answer to the claim, and also a cross-complaint for an accounting, alleging that appellant was indebted to the company in a...
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This action was brought by appellee against appellant to recover damages for the loss of services of his minor son, Earl Barekman, from the date of bis* death until said son would have reached the age of twenty-one *575years, a period of eight years and nine days, together with the cost of medical services, nursing and funeral expenses. It is alleged in the complaint that the death of said minor w...
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Action by appellee to recover for personal injuries. The court overruled a demurrer to an amended third paragraph of complaint. Answer in general denial. Trial by jury. Appellant’s motion for judgment on the answers to interrogatories overruled. Motion for a new trial overruled. Judgment in favor of appellee on a general verdict. Errors assigned are: (1) Overruling appellant’s demurrer to the amen...
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This was an action for mandate to compel the trustee of Monroe school township of Putnam county to provide transportation for the children of relator of school age and to transport them to and from school, and to require *594the township advisory hoard to appropriate money out of the funds of the school township to pay therefor. The trustee and the members of the advisory board demurred to the com...
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Appellant was charged in the Perry Circuit Court with the murder of Kate Drury. On a’trial before a jury he was convicted of murder in the first degree, and, over his motion for a new trial, was sentenced to be imprisoned during his life-. Appellant does not deny that he shot and killed decedent, but claims that at that time he was a person of unsound mind. There is presented to this court several...
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This was a proceeding instituted before the Board of Commissioners of the County of Huntington, nnder §7663 Burns 1908, Acts 1905 p. 521, to record an alleged unrecorded and unsurveyed highway, alleged to have become a highway by twenty years user and by dedication. At the threshold of the case we are confronted by the question of jurisdiction, by a motion to dismiss the appeal, on the ground that...
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On August 13, 1910, appellee Burk filed in the office of the clerk of the Cass Circuit Court his written, verified objections to the probate of the will of Martha C. Gruber, deceased, pursuant to the provisions of §3153 Burns 1908, §2595 R. S. 1881. In these objections it was stated that decedent, while of unsound mind, in April, 1910, executed a will, the terms and conditions of which were unknow...
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Action for damages for the death of one Maria Love. The sole error assigned is as to overruling the demurrer to the complaint. The complaint in the particulars in question in substance is, that on June 11, 1907, Maria Love was riding as a guest in an automobile owned, controlled and operated by one Heimes, and he was in control of and operating and running such automobile to the west in and along ...
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— This was an action by appellant against appellee to collect certain fees alleged to have been collected and converted by the latter to his own use while clerk of the Monroe Circuit Court. 1. The issues joined were submitted to the court for trial, and upon request of appellant the court made a special finding of facts and stated its conclusions of law thereon. In substance, the conclusions of la...
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— Appellee brought this action to recover on a policy of fire insurance issued to her by appellant. Trial *471by jury resulted in a verdict for appellee iu the sum of $448. Motion for a new trial was overruled and this appeal taken. The only error assigned is overruling appellant’s motion for a new trial. Of. the several grounds of this motion, appellant urges only the following: (1) That the verd...
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— Appellees sued appellant on a promissory note for $58, and recovered judgment. On appeal, the only error assigned is the action of the trial court in overruling appellant’s motion for a new trial. Two grounds are assigned in this motion: (1) That the verdict of the jury Is not sustained by sufficient evidence, and (2) that the verdict is contrary to law. The complaint is based on the note, and i...
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Appellant by his complaint seeks to recover from appellee the sum of $495.70, which he alleges was paid by him into the treasury of Brown County, through inadvertence and mistake, at various times when he made his quarterly settlements, while serving as sheriff of that county. The money thus alleged to have been erroneously paid into the county treasury consists of various items which appellant ha...
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Appellant brought this action against appellee, to collect a sum of money alleged to be due it by the terms of a certain written contract. The complaint was in one paragraph, to which a demurrer for want of facts was sustained, and this ruling is assigned as error. From the complaint it appears that both appellant and appellee were Indiana corporations, the former owning and operating a line of ra...
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— This is an action to declare a deed a mortgage and to redeem; also, by other paragraphs of complaint, to quiet title. Appellant assigns as errors the sustaining of a demurrer to each of the first and fourth paragraphs of his complaint, for alleged insufficiency of facts, and the overruling of his motion for a new trial. The ease was tried on the second and third paragraphs of complaint, and issu...
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This is an appeal from a judgment for $300 obtained by appellee in tbe Lake Superior Court. The complaint is in two paragraphs, each of which charges appellant with negligently running over and killing two *605of appellee’s horses, which had entered on its right of way at a point where it is alleged appellant had negligently failed to maintain a sufficient fence. The first paragraph proceeds on th...
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— Appellant as administratrix sued appellee to recover damages on account of the death of her husband, Henry Watt, alleged to have been caused by appellee’s failure to properly guard a certain belt situated in its factory. There was a single paragraph of complaint, and after a demurrer thereto had been overruled, the issues were joined by an answer in general denial. There was a trial by jury, and...
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— This action was commenced by appellants against appellees, to quiet title to certain real estate in Delaware county, Indiana, and to set aside a former judgment made and rendered in partition proceedings, in which the title to said real estate was quieted as against appellants herein. The court sustained appellees’ several demurrers to the complaint, and appellants declining to plead over, and e...
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delivered the opinion of the court: This is an appeal by certain property owners from a judgment of confirmation in a supplemental special assessment proceeding in the county court of Logan county. In 1891 the Lincoln Railway and Light Company was authorized, by ordinance, to occupy and use with a single track, for street railway purposes, a seven-foot strip in the center of Kickapoo street, in th...
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delivered the opinion of the court: This suit was begun by plaintiffs in error filing a bill in chancery against defendants in error, praying that they be enjoined from issuing warrants, paying out money on account of or further giving effect to the Municipal Court act of the city of Chicago. Plaintiffs in error are described in the bill as owners of property and tax-payers in said city of Chicago...
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I think the order of the Appellate Division reversing the judgment of nonsuit at Trial Term and granting a new trial should he affirmed. It is conceded that the defendants violated the statute of this state which enacts that all setscrews shall be guarded and that as a result of that violation of law the plaintiff was injured. The defendants seek to be relieved from the consequences of their wr...
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The defendant bank is a domestic banking corporation. It is insolvent and is now and has been-since December 27th, 1910, in the possession of the superintendent of banks of the state of New York under the provisions of section 19 of the Banking Law. On November 30, 1910, two persons, for the accommodation of the plaintiff, made their promissory note for $20,000, payable three months from date t...
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This is an action for specific performance by the vendee against the vendor. The premises covered by the contract were on Delaware avenue in the city of Albany. The purchase price was $2,750, of which $500 was paid at the time of the signing of the agreement on February 15, 1902. At that time the defendant did not own the fee, but, as the agreement recited, was merely seized of a lien upon the pr...
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The relator was appointed a computator by the board of elections of the city of New York. The salary claimed to have been earned by him as such was duly certified and approved by the state civil service commission and was not so approved by the municipal civil service commission of said city. Because of the latter fact the appellant comptroller has refused to pay said salary, and thereby the ques...
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The facts involved in this action as originally set forth in the voluminous complaint were somewhat complicated, and this general feature of complexity *413 has not diminished any as the litigation has progressed. Fortunately it will not be necessary in the disposition of the question now before us to refer to many of the facts alleged and developed on the trial, as our ...
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This is a suit in equity growing out of a written lease of certain premises to be used for a vaudeville and moving picture show. The lease was dated on the third day of May, 1909, for a term of three years from the tenth day of the same month. Among other clauses the lease contained these provi*184sions: “the premises, including the furniture and fixtures, shall be kept in good and tenantable repa...
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This is an action of tort under the employers’ liability act, so called. R. L. c. 106, §§ 71, et seq. The declaration is in two counts: the first for a defect in the ways, works or machinery which had not been discovered or remedied owing to the neglect of the defendant, or of some one in its service entrusted by it with the duty of seeing that said ways, works or machinery were in proper conditio...
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This case was tried before a judge of the Superior Court* sitting without a jury. On the last day of the trial the plaintiff presented requests for findings of fact and for rulings of law which were taken under advisement. At that time he saved no exceptions and expressed no oral or written desire to have exceptions saved for him in the event that the judge should refuse to give any or all of his ...
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This is an appeal by the State from the action of the lower court in sustaining the appellee’s motion to quash an affidavit against him which sought to charge appellee with a violation of §1 of the act approved March 6, 1911 (Acts 1911 p. 605). The affidavit, omitting the caption and-signature, reads as follows: “John T. Willett, being duly sworn upon his oath, says that on the seventh day of Sept...
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are of the opinion that the act of 1907 (Acts 1907 p. 499),,relating to sewers in cities of the State having a population of more than 16,000 and less than 20,000, according to the last preceding United States census, is in violation of the Constitution of this State; that *630the court below should have found for appellant and rendered judgment in his favor, as prayed for in the complaint. The co...
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This is an appeal from a judgment rendered against appellants in a suit on an auditor’s bond given by appellant Sharp as auditor of Kosciusko County, Indiana, as principal and the other appellants as sureties. The facts of the case are in substance as follows: Appellant Elf Sharp was elected auditor of Kosciusko County, Indiana, for a term of four years beginning January 1, 1904. On December 28, 1...
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This is a petition for partition of real estate alleged to be held by the petitioner and the respondent in moieties as tenants in common. It is brought under R. L. c. 184, §§ 31, 32. Section 31 gives jurisdiction to the Probate Court “if the shares do not appear to be in dispute or uncertain.” Section 32 provides, however, that “If it is found by the Probate Court in which such petition is filed t...
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This is a suit in equity under St. 1909, c. 490, Part II, § 76, for the redemption of land sold for taxes. The plaintiff, who at the time of the tax sale was an attaching and judgment creditor of the owner and holder of the legal title of certain land, sues the owner, two other attaching creditors and the purchaser of the land at a tax sale. The primal question is whether the plaintiff as creditor...
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This is a bill to reach the verdict obtained in the action of Gagnon v. Legare and to apply it in satisfaction of a debt alleged to be due from Gagnon to the plaintiff Delval. The case is here on an appeal from the decree of the Superior Court dismissing the bill. Unquestionably the balance due upon the loan made by Mrs. Gagnon to the defendant Gagnon before her marriage to him, can be recovered b...
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Under the findings of the referee it appears that the Carnegie Trust Company was a corporation transacting a banking and trust business, pursuant to the Banking Law of this state, and that by a resolution of the commissioners of the canal fund of the state it was designated as a depositary of- such fund; that thereafter and from time to time the treasurer of the state made deposits with the tru...
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This action, which has been twice tried, was brought to recover the purchase price of fifty cases of wine. The original complaint contained the usual averments where there has been a bargain and sale but no delivery, and the answer was in substance a general denial. At the first trial the court directed a verdict for the plaintiff. The judgment entered upon this direction was reversed by the Appe...
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Judgment affirmed, with costs; no opinion. Concur: Cullen, Oh. J., Haight, Vann, Willard Bartlett, Hiscock, Chase and Collin, JJ. ...
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Order affirmed, without costs, without prejudice to any application to modify the order of the Supreme Court to provide for the manner and place of inspection; no opinion. Concur: Cullen, Ch. J., Haight, Vann, Willard Bartlett, Hiscocic, Chase and Collin, JJ. ...
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Motion denied, with ten dollars costs. ...
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Order affirmed; no opinion. Concur: Cullen, Ch. J., Gray, Werner, Willard Bartlett, Hisoook, Chase and Collin, JJ. ...
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Judgment affirmed, with costs; no opinion. Concur: Cullen, Ch. J., Haight, Vann, Werner, Willard Bartlett and Chase, JJ. Absent: Gray, J. ...
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Appeal dismissed, with costs; no opinion. Concur: Cullen, ' Oh. J., Haight, Vann, Willard Bartlett, Hisoock, Chase and Collin, JJ. ...
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The application of Howard S. Gans, an attorney at law, for leave to file an affidavit, verified *655 June 4th, 19JA, in denial of certain statements, made in an affidavit of Carl Fischer- Hansen and forming part of this record, and alleged to reflect upon his professional conduct, is granted; hut it is not to be considered as a part of the case upon which our determination of this appeal is to ...
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Motion denied, with ten dollars costs. ...
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Motion denied, with ten dollars costs. ...
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Appeal dismissed, with costs; no opinion. Concur: Cullen, Oh. J., Gray, Werner, Hiscocic and Chase, JJ. Not sitting: Collin, J. Absent: Willard Bartlett, J. ...
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Order affirmed, with'costs; no opinion. Concur: Gray, Werner, Willard Bartlett, His-cock, Chase and Collin, JJ. Absent: Cullen, Oh. J. ...
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Judgment affirmed, with costs; no opinion. Concur: Cullen, Ch. J., Haight, Vann, Werner, Willard Bartlett and Hiscock, JJ. Absent: Gray, J. ...
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Order affirmed, with costs; first question certified answered as follows: The complaint does not state a cause of action against the demurring defendants or either of them. Second question not answered; no opinion. Concur: G-ray, Werner, Willard Bartlett, Hisoook, Chase and Collin, JJ. Absent: Cullen, Ch. J. ...
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Order affirmed and judgment absolute ordered against appellant on the stipulation, with costs in all courts; no opinion. Concur: Cullen, Ch. J., Haight, Vann, Werner, Willard Bartlett and Hiscock, JJ. Absent: Gray, J. ...
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Order affirmed, with costs; second question certified answered in the negative; first question not answered because it presents a question of fact and not of law; no opinion. Concur: Cullen, Ch. J., Willard Bartlett, Hiscocic and Chase, JJ.; Cray, Werner and Collin, JJ., vote for dismissal of appeal. ...
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Motion granted and appeal dismissed, with costs and ten dollars costs of motion. ...
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Order affirmed, with costs, on opinion of Clarke, J., in American Woolen Co. v. Cohen (142 App. Div. 880). Concur: Cullen, Ch. J., Haight, Vann, Willard Bartlett, Hiscocic, Chase and Collin, JJ. ...
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Judgment of conviction affirmed; no opinion. Concur: Cullen, Oh. J., Gray, Haight, Vann, Werner and Collin, JJ. Absent: Hiscook, J. ...
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Order affirmed and judgment absolute ordered against appellant on the stipulation, with costs in all courts; no opinion. Concur: Cullen, Oh. J., Haight, Vann, Werner, Willard Bartlett and Chase, JJ. Absent: Cray, J. ...
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Judgment affirmed, with costs; no opinion. Concur: Cullen, Ch. J., Haight, Vann, Werner, Willard Bartlett and Hiscock, JJ. Absent: Gray, J. ...
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Order reversed, with costs in all courts, and motion granted, with ten dollars costs, on dissenting opinion of Foote, J., below. First and fourth questions certified answered in the affizmative; third question answered in the negative; second question not answered. Concur: Cullen, Ch. J., Haight, Vann, Hiscock, Chase and Collin, JJ. Not.voting: Willard Bartlett, 'J. ...
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Judgment affirmed, with costs; no opinion. Concur: Cullen, Ch. J.,. Gray, Willard Bartlett, Hisoook, Chase and Collin, JJ. Absent: Vann, J. ...
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Order affirmed, with costs; no opinion Concur: G-ray, Werner, Willard Bartlett, Hiscock, Chase and Collin, JJ. Absent: Cullen, Ch. J. ...
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Order affirmed, with costs; no opinion. Concur: Cullen, Oh. J., Haight, Vann, Wilt,a-r.t> Bartlett, Hiscook, Chase and Collin, JJ. ...
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Judgment affirmed, with costs; no opinion. Concur: CULLEN, Ch. J., HAIGHT, VANN, WERNER, WILLARD BARTLETT and CHASE, JJ. Absent: GRAY, J....
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Judgment affirmed, with costs, on authority of Ferguson v. Arnow (142 N. Y. 580). Concur: Cullen, Ch. J., Vann, Willard Bartlett, Hiscook, Chase and Collin, JJ. Absent: Haight, J. ...
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Judgment affirmed, with costs; no opinion. Concur: Cullen, Oh. J., Haight, Vann, Willard Bartlett, Hiscock, Chase and Collin, JJ. ...
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Motion denied, with ten dollars costs. ...
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Judgment affirmed, with costs; no opinion. Concur: Cullen, Oh. J., Haight, Vann, Werner, Willard Bartlett and Chase, JJ. Absent: Gray, J. ...
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Motion for re-argument denied, with ten dollars costs. (See206 N.Y. 663.)...
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Order affirmed, with costs; no opinion. Concur: Cullen, Ch. J., Haight, Vann, Willard Bartlett, Hiscock, Chase and Collin, JJ. ...
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Judgment affirmed, with costs, no opinion. Concur: Cullen, Oh. J., Haight, Vann, Werner, Willard Bartlett and Hiscock, JJ. Absent: Gray, J. ...
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Judgment affirmed, with costs; no opinion. Concur: Cullen, Oh. J., Vann, Willard Bartlett, Hiscook, Chase and Collin, JJ. Absent: Haight, J. ...
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Judgment affirmed, with costs, on opinion of Woodward, J., below. Concur:' Cullen, Oh. J., Haight, Vann, Werner, Willard Bartlett and Hisoook, JJ. Absent: Gray, J. ...
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Order affirmed, with costs payable out of the estate; no opinion. Concur: Cullen, Ch. J., Haight, Vann, Willard Bartlett, Hisoock, Chase and Collin, JJ. - • • ...
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Order affirming order denying application of purchaser to be relieved from purchase affirmed, with costs. Appeal from order affirming order denying application for a reference dismissed, without costs; no opinion. Concur: Cullen, Oh. J., Haight, Vann, Willard Bartlett, Hiscock, Chase and Collin, JJ. ...
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Motions to amend remittitur. (See 206 N. Y. 93.) Motion by special guardian to amend remittitur by allowing him the' costs already awarded to him in the lower courts, together with taxable costs and disbursements in this court, granted. Motion by attorney for adult owners to be allowed costs denied, without costs. ...
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Appeal dismissed, with costs; no opinion. Concur: Cullen, Ch. J., Haight, Vann, Willard Bartlett, Hiscock, Chase and Collin, JJ. ...
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Order of Appellate Division reversed and decree of surrogate affirmed, with costs in both courts, on opinion of Jenks, P. J., below. Concur: Cullen, Ch. J., Gray, Werner, Willard Bartlett, Hiscocic, Chase and Collin, JJ. ...
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Judgment affirmed, with costs; no opinion. Concur: Cullen, Oh. J., Gray, Haight, Vann, Werner and Collin, JJ. Absent: Hiscocic, J. ...
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Judgment of conviction affirmed on opinion of McLaughlin, J., below. Concur: Cullen, Oh. J., Gray, Haight, Vann, Werner, Hiscocic and Collin, JJ. ...
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Judgment affirmed, with costs; no opinion. Concur: Cullen, Oh. J., Haight, Vann, Werner, Willard Bartlett and Chase, JJ. Absent: Gray, J. ...
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The order of the Appellate Division should be affirmed, with costs, solely upon the ground that there was evidence sufficient to authorize the finding that there was a common-law marriage between the administratrix and decedent prior to January 1st, 1902, the date on which chapter 339 of the Laws of 1901 took effect; and also that such evidence was sufficient to raise a presumption of a ceremonia...
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Motion granted and appeal dismissed, with costs and ten dollars costs of motion....
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Motion granted on payment of costs of appeal that have accrued' to date of motion, together with ten dollars costs of the motion, within twenty days; on failure to comply with these terms the appeal is dismissed, with all costs and ten dollars costs of motion. ...
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Appeal dismissed, with costs; no opinion. Concur : Cullen, Oh. J., Haight, Vann, Willard Bartlett, Hisoooic, Chase and Collin, JJ. ...
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Order affirmed, with costs; no opinion. Concur: Cullen, Ch. J., Haight, Vann, Willard Bartlett, Hisoooic, Chase and Collin, JJ. ...
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Order affirmed, with costs; no opinion. Concur: Cullen, Ch. J., Werner, Willard Bartlett, Hiscock, Chase and Collin, JJ. Not voting: Gray, J. ...
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Judgment of conviction affirmed; no opinion. Concur: Cullen, Oh. J., Gray, Haight, Vann, Werner, Willard Bartlett and Chase, JJ. ...
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Motion for re-argument denied, with ten dollars costs. (See205 N.Y. 518.)...
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Order affirmed, with costs; no opinion. Concur: Cullen, Ch. J., Gray, Werner, Hiscock, Chase and Collin, JJ. Absent: Willard Bartlett, J. ...
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Appeal dismissed, with costs, upon the ground that no question for determination has been certified to this court as required by subdivision 2 of section 190 of the Code of Civil Procedure; no opinion. Concur: Cullen, Oh. J., Haight, Vann, Willard Bartlett, Hisgock, Chase and Collin, JJ. ...
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Order affirmed, with costs; no opinion. Concur: Cullen, Ch. J., Gray, Werner, Willard Bartlett, Hisgook, Chase and Collin, JJ. ...
Views: 2
Judgment affirmed, with costs; no opinion. Concur: Cullen, Oh. J., Haight, Willard .Bartlett, Hiscock, Chase and Collin, JJ. Not voting: Vann, J. ...
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Judgment affirmed, with costs; no opinion. Concur: Cullen, Oh. J., Gray, Haight, Vann, Werner and Collin, JJ. Absent: Hiscqck, JJ ...
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Judgment affirmed, with costs; no opinion. Concur: Culler, Ch. J., Haight, Yarn, Willard Bartlett, Chase and Collin, JJ. Not voting: Hiscock, J. ...
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Judgment affirmed, with costs; no opinion. Concur: Cullen, Ch. J., Gray, Haight, Vann, Werner and Collin, JJ. Absent: Hiscock, J. ...
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Order affirmed, with costs; no opinion. Concur: Cullen, Oh. J., Haight, Vann, Willard Bartlett, Hiscock, Chase and Collin, JJ. ...
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*629 Judgment reversed and new trial granted, costs to abide event, on dissenting opinion of Ingraham, P. J., below. Concur: Cullen, Ob. J., Gray, Willard Bartlett, Hisoook, Chase and Collin, JJ. Absent: Vann, J. ...
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The prevailing opinion of the Appellate Division expressed the conclusion that the certificate of nomination attacked in this proceeding did not have the number of signers required by the statute, and proceeded to discuss the questions involved upon the merits because such alleged defect in the certificate had been waived by the interested parties. We disapprove that conclusion upon the authority...
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Judgment of conviction affirmed; no opinion. Concur: Cullen, Oh. J., Haight, Vann, Werner, Willard Bartlett and Hiscook, JJ. Absent: Gray, J. ...
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Judgment of conviction affirmed; no opinion. Concur: Cullen, Ch. J., Haight, Vann, Willard Bartlett, Hisgook, Chase and Collin, JJ. ...
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Motion .denied, with ten dollars costs. ...
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Motion for re-argument denied, with ten dollars costs. (See205 N.Y. 514.)...
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Motion granted and appeal dismissed, with costs and ten dollars costs of motion. ...
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Judgment affirmed, with costs'; no opinion. Concur: Cullen, Oh. J., Gray, Willard Bartlett, Hisoook, Chase and Collin, JJ. Absent: Vann, J. ...
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Judgment affirmed, with costs; no opinion. Concur: Cullen, Ch. J., Gray, Haight, Vann, Werner, Willard Bartlett and Hiscock, JJ, ...
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Judgment of conviction affirmed; no opinion. Concur: Cullen, Oh. J., Haight, Vann, Werner, Willard Bartlett and Chase, JJ. Absent: Cray, J. ...
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Motion granted. ...
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Judgment of conviction affirmed; no opinion. Concur: CULLEN, Ch. J., HAIGHT, VANN, WERNER, WILLARD BARTLETT and HISCOCK, JJ. Absent: GRAY, J....
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Judgment of conviction affirmed; no opinion. Concur: Cullen, Oh. J., Haight, Vann, Willard Bartlett, Hisgook, Chase and Collin, JJ. ...
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Judgment affirmed, with costs, on opinion of Dowling, J., below. Concur: Cullen, Oh. J., Gray, Haight, Vann, Werner, Hiscook and Collin, JJ. ...
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Judgment of conviction affirmed; no opinion. Concur: Cullen, Oh. J., Gray, Vann, Willard Bartlett, Hisgock, Chase and Collin, JJ. ...
Views: 1
Judgment affirmed, with costs, on opinion of Ingraham, P. J., below. Concur: Cullen, Oh. J., Gray, Haight, Vann, Werner and Collin, JJ. Absent: Hiscock, J. ...
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Order affirmed, without costs; question certified answered in the negative; no opinion. Concur: CULLEN, Ch. J., GRAY, HAIGHT, VANN, WERNER, HISCOCK and COLLIN, JJ....
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Order affirmed; no opinion. Concur: CULLEN, Ch. J., HAIGHT, VANN, WERNER, WILLARD BARTLETT and CHASE, JJ. Absent: GRAY, J....
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Motion granted and appeal dismissed, with costs and ten dollars costs of motion. ...
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Order affirmed, with costs; no opinion. Concur: Cullen, Ch. J., Gray, Werner, Hiscock, Chase and Collin, JJ. Absent: Willard Bartlett, J. ...
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Appeal dismissed, with costs; no opinion. Concur: Cullen, Oh. J., Haight, Vann, Willard Bartlett, Hisoock, Chase and Collin, JJ. ...
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Order affirmed, with costs, on opinion of Kellogg, J., below. Concur: Cullen, Ch. J., Gray, Werner, Willard Bartlett, Hiscock, Chase and Collin, JJ. ...
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Judgment of conviction affirmed; no opinion. Concur: CULLEN, Ch. J., HAIGHT, WERNER and CHASE, JJ. Dissenting: VANN and WILLARD BARTLETT, JJ. Absent: GRAY, J. *Page 670 ...
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Order affirmed; no opinion. Concur: Cullen, Ch. J., Gray, Werner, Willard Bartlett, Hiscock, Chase and Collin, JJ. ...
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Order affirmed, with costs; no opinion. Concur: G-ray, Werner, Hiscock and Collin, JJ. I vote for the affirmance of the order appealed from on the strength of the proposition asserted in the dissenting opinion in New York Terminal Company v. Gaus (204 N. Y. 512, 519) that the franchise tax imposed by the statute “ is levied on the corporation for the privilege, as the statute declares, ...
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Order reversed and relator discharged from custody on dissenting opinion of Scott, J., below. Concur: Gray, Werner, Hisoook and Chase, JJ. Dissenting: Cullen, Ch. J., Willard Bartlett and Collin, JJ. ...
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Order affirmed, with costs ; no opinion. Concur: Cullen, Ch. J., Haight, Vann, Willard Bartlett, Hiscock,.Chase and Collin, JJ. ...
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Order affirmed, with costs; no opinion. Concur: Cullen, Ch. J., Gray, Werner, Willard Bartlett, Hiscocic, Chase and Collin, JJ. ...
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Order affirmed, with costs; no opinion. Concur: Cullen, Oh. J., Gray, Haight, Vann, Werner, Hiscock and Collin, JJ. ...
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Order in each case affirmed, with disbursements in all cases, but with but one bill of costs ; no opinion. Concur: Cullen, Oh. J., Gray, Werner, Willard Bartlett, Hiscock, Chase and Collin, JJ. ...
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Order affirmed, with costs; no opinion. Concur: Cullen, Ch. J., Haight, Vann, Willard Bartlett, Hiscock, Chase and Collin, JJ. ...
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Appeal dismissed, without costs; no opinion. Concur: Cullen, Ch. J., Gray, Werner, Willard Bartlett, Hiscock, Chase and Collin, JJ. ...
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While we agree with the court below that the action of the hoard of supervisors was exclusively legislative, we are compelled to dismiss the appeal from the order in its present form. Appeal dismissed, with costs; no opinion. Concur: Cullen, Oh. J., G-ray, Werner, Willard ' Bartlett, Hiscock, Chase and Collin, JJ. ...
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Motion to amend remittitur denied, with ten dollars costs. (See 203 N.Y. 167) ...
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.Judgment affirmed, with costs; no opinion. Concur: Cullen, Oh. J., Haight, Vann, Hiscock, Chase and Collin, JJ. Not voting: Willard Bartlett, J. ...
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Judgment affirmed, without costs; no opinion. Concur: Cullen, Oh. J., Vann, Willard Bartlett, Hisoook, Chase and Collin, JJ. Absent: Haight, J. ...
Views: 0
Order affirmed, without costs; no opinion. Concur: Cullen, Ch. J., Haight, Vann, Willard Bartlett, Hiscocic, Chase and Collin, JJ. . ...
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Order affirmed, with costs, third question certified answered in the negative, other questions certified not answered; no opinion. ' Concur: Cullen, Ch. J., Haight, Vann, Willard Bartlett, Chase and Collin, JJ. Not sitting: Hisgock, J. ...
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Judgment affirmed, with costs; no opinion. Concur: Cullen, Ch. J., Gray, Haight, Vann, Werner and Willard Bartlett, JJ. Not voting: Hiscock, J. ...
Views: 0
Judgment affirmed, with costs; no opinion. Concur: CULLEN, Ch. J., GRAY, HAIGHT, VANN, WERNER, WILLARD BARTLETT and HISCOCK, JJ....
Views: 0
Order affirmed, with costs; no opinion. Concur: Cullen, Ch. J., Haight, Vann, Willard Bartlett, Hisoock, Chase and Collin, JJ. ...
Views: 0
Appeal dismissed, with costs; no opinion. Concur: Cullen, Oh. J., Haight, Vann, Werner, Hiscock, Chase and Collin, JJ. ...
Views: 0
Motion granted and appeal dismissed, with costs and ten dollars costs of motion. ...
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*688 Order' affirmed, with costs, and question certified answered in the negative; no opinion. Concur: Cullen, Oh. J., Haight, Vann, Willard Bartlett, Hisoooic, Chase and Collin, JJ. ...
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Order affirmed, with costs, no opinion. Concur: Cullen, Oh. J., Haight, Vann, Willard Bartlett, Hiscock, Chase and Collin, JJ. ...
Views: 1
Judgment affirmed, with costs; no opinion. Concur: Cullen, Ch. J., Haight, Vann, Werner, Willard Bartlett and Chase, JJ. Absent: Cray, J. ...
Views: 0
Motion for re-argument granted; cause set down for argument on October 21st; stay to continue until five days after the decision of this appeal. (See 206 N. Y. 667.) ...
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We think the proofs in this case were too meagre to justify the order appealed from, at least, in entirety. Two or three items of disbursements, the attorney swears in his affidavit, were incurred by the direct authority of the client, and of this there is no contradiction in the papers. It also appears, though not very *677 clearly, that some of the matters in controversy were submitted by the...
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Judgment affirmed, with costs, on opinion of HOUGHTON, J., below. Concur: CULLEN, Ch. J., HAIGHT, VANN, WERNER, WILLARD BARTLETT and HISCOCK, JJ. Absent: GRAY, J. *Page 713 ...
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Order affirmed and judgment absolute ordered against appellants on the stipulation, with costs in all courts; no opinion. Concur: Cullen, Oh. J., Vann, Willard Bartlett, Hiscock, Chase and Collin, JJ. Absent: Haight, J. ...
Views: 1
Order affirmed, with costs; no opinion. Concur: Gray, Werner, Willard Bartlett, Hiscock, Chase and Collin, JJ. Absent: Cullen, Ch. J. ...
Views: 3
Judgment of conviction affirmed; no opinion. Concur: Cullen, Oh. J., Gray, Haight, Vann, Werner, Hisoocic and Collin, JJ. ...
Views: 0
Judgment affirmed, with costs; no opinion. Concur: Cullen, Ch. J., Haight, Vann, Willard Bartlett, Hiscock, Chase and Collin, JJ. ...
Views: 0
Motion granted and appeal dismissed, with costs and ten dollars costs of motion. ...
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Motion denied, with ten dollars costs. ...
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Order affirmed, with costs; first question certified answered in the negative; other questions not answered; no opinion. Concur: Cullen, Oh. J., Gray, Haight, Vann, Werner, Hiscock and Collin, JJ. ...
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Judgment affirmed, with costs; no opinion. Concur: Cullen, Oh. J., Gray, Haight, Vann, Werner and Willard Bartlett, JJ. Absent: Hiscock, J. ...
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Judgment affirmed, with costs; no opinion. Concur: Cullen, Oh. J., Gray, Willard Bartlett, Hisgock, Chase and Collin, JJ. Absent: Vann, J. ...
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Appeal dismissed, with costs; no opinion. Concur: Cullen, Ch. J., Gray, Werner, Willard Bartlett, Hiscocic, Chase and Collin, JJ. ...
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