text:
    Somers, Jones & Company, Appellant, v. Charles A. Inkster et al., Appellees.
    1. Warehousemen, § 21

      —when removal of goods will he enjoined. Complainant in a bill to restrain the defendant owner of a warehouse, and others who claimed ownership, from removing oats represented by certificates given by the warehouse owner to complainants, was entitled to the relief sought, where the facts established that the oats were not deposited by the defendants other than the warehouse owner, under storage contracts, but that the deliveries were made at a sale of the oats, to be paid for at the market price upon some day in the future when appellees should demand payment.
    2. Warehousemen, § 19*—what is effect of failure to receive receipts for goods. Although the failure of parties depositing oats in a warehouse, to obtain receipts, was not necessarily essential to establish a bailment of such oats as against a bona fide purchaser for value from the warehouse owner, yet in the absence thereof the facts which such a receipt would establish were required to be proven by a preponderance of other evidence; and where the oats in question had been so deposited with the knowledge that it was to be mixed with other grains and shipped out and sold, the unsupported testimony of the depositors that the transaction was a bailment and not a sale, when every other creditable fact in evidence tended to show that it was a sale, did not constitute such preponderance of evidence.
    Appeal from the Circuit Court of Ford county; the Hon. T. M. Harris, Judge, presiding. Heard in this court, at the April term, 1920.
    Reversed and remanded with directions.
    Opinion filed October 27, 1920.
    Schneider & Schneider, for appellant; Edwin H. Cassels and Barry Gilbert, of counsel.
    Phillips & Middleton and Cloud & Thompson, for appellees.

      See Illinois Notes Digest, Vols. XI to XV, and Cumulative Quarterly, same topic and section number.

   Mr. Justice Eldredge

delivered the opinion of the court.

Somers, Jones & Company, appellant, is a corporation engaged in the business of buying and selling grain in the City of Chicago. In July, 1917, James Inkster and John Inkster, under the firm name of Inkster Brothers, were engaged in the business of buying and selling grain and had an elevator or warehouse in the Village of Melvin, Illinois, and also elevators in a number of other places in that vicinity, and Charles A. Inkster was the manager of the firm’s elevator at Melvin. Subsequently, on February 12, 1918, Charles A. Inkster purchased the elevator and business of the Inkster Brothers at Melvin. During the month of July, 1917, an agreement was entered. into between appellant and the firm of Inkster Brothers whereby appellant was to advance to the latter $10,000 on which to do business to be paid by drafts drawn on appellant by the firm as the money was needed, and, in consideration thereof, the firm was, to ship out grain to the complainant from its various warehouses. Under this arrangement, drafts were paid by appellant which had been drawn on it by the firm until on the 19th day of November, 1917, appellant had advanced over $17,000. On that day Inkster Brothers executed and delivered to appellant five collateral certificates, each of which certified that in the firm’s elevator at Melvin there had been unloaded 5,000 bushels of oats which were then in said elevator and that the same were not to be loaded out except upon the surrender of said certificate for cancellation. On November 24, 1917, Inkster Brothers, through Charles A. Inkster, delivered certain policies of insurance covering said oats aggregating about $14,000, and a clause was attached to each policy making the loss, if any, payable to appellant as its interest might appear. During the summer and fall of 1917, the following persons, who are appellees here, delivered to said elevator at Melvin the respective quantities of oats as follows: Sarah J. Phillips, 2,113 bushels and 15 pounds; George Foster, 891 bushels and 22 pounds; Richard Folkern, 108Q bushels; Ida Spellmeyer, 2,295 bushels; and Albert Buchholz, 837 bushels and 15 pounds. On Januar. 18, 1918, appellant sent a man by the name of Witter to Melvin to endeavor to get the oats embraced in the collateral certificates shipped to appellant. The above-named appellees who had delivered ihe oats mentioned to the elevator appointed Al. Phillips, husband of appellee Sarah J. Phillips, to look after their interests in the oats which they had delivered to the elevator. Phillips endeavored to prevent the shipment of any of the oats in the elevator to appellant, and thereupon, appellant on April 23, 1918, brought this suit in the circuit court of Ford county to restrain the Inksters, and the other appellees hereinabove mentioned, including said Al. Phillips, from interfering in any way with the possession or removal of the oats claimed by the appellant and contained in the warehouse of Inkster Brothers at Melvin. A temporary injunction was issued and appellant shipped the oats in question from the warehouse. Afterwards appellees Spellmeyer, Phillips, Foster, Folkern and Buchholz filed an answer to the original bill and also a cross-bill alleging therein ownership of the oats delivered by them in themselves and a deposit of the same by them as bailors at the Inkster Brothers warehouse and demanding an accounting. The master in chancery to whom the cause was referred heard the testimony and made a report in favor of the last-named appellees as to a total of 7,224 bushels and 52 pounds of oats. The chancellor sustained the master’s report and entered,a decree requiring appellant to pay the respective appellees the value of the oats deposited by. each respectively, less the pro rata share pf each of the taxes for the year of 1918 which had been paid by appellant upon the oats in question.

The master and the chancellor found that each of the appellees who had deposited oats in the warehouse had made an agreement with the said Inkster Brothers at the time they were so deposited by each respectively to store his or her oats in said warehouse for a compensation of one-half cent per bushel which said oats were to be mixed with the oats of other people, and that the elevator in which said oats were stored was a warehouse of Class “B” under the statute and was operated as such when said oats were stored therein.

Section 1 of article XIII of the Constitution provides: “All elevators or storehouses where grain or other property is stored for a-compensation, whether the property be kept separate or not, are declared to be public warehouses. ”

Section 2 of the Act of 1871 in regard to warehouse (paragraph 135, eh. 114, Hurd’s Rev. St., J. & A. 8966) provides as follows: “Public warehouses of Class A shall embrace all warehouses,, elevators and granaries in which grain is stored in bulk, and in which the grain of different owners is mixed together, or in which grain is stored in such a manner that the identity of different lots or parcels cannot be accurately preserved, such warehouses, elevators or granaries being located in cities having not less than 100,000 inhabitants. Public warehouses of' Class B shall embrace all other warehouses, elevators or granaries in which grain is stored in bulk, and in which the grain of different owners is mixed together. ’ ’

If the appellees above named deposited their oats in the elevator under agreements for storage for compensation, as found by the master and chancellor, then the elevator unquestionably, in so far as the issues in this case are involved, was a public warehouse under Class “B” and the decree in finding that the ownership of the oats so deposited by said appellees remained in the latter as bailors is correct. The controlling question in this case is, therefore, have said appellees proven the allegations in their cross-bill by a preponderance of the evidence? Each appellee who testified stated that his or her agreements in regard to the storage of the oats was made with Charles Inkster, who was the manager of the warehouse at that time. Buchholz did not testify at all, neither did Sarah Phillips, but Al. Phillips, her husband, testified that he made the contract of storage as her agent. Each contract of storage, if made, was made by the respective parties separately, and the testimony of each appellee who testified is corroborated by no other witness, fact or circumstance except by the testimony of Charles Inkster. The testimony of this last-named witness in regard to said storage contracts is completely discredited by the clear and manifest weight of the evidence. On November 23, 1917, Charles Inkster, on behalf of Inkster Brothers, wrote to appellant a letter in which he said: “We wish to state that these oats are clear of any claims outside of your own and we will load these oats out and send B-L’s to you just as soon as possible.” On November 24, he delivered on behalf of Inkster Brothers the policies of insurance on these oats heretofore mentioned. On November 27, at the request of appellant, he posted notices on the bins in the elevator in which the oats were stored reading: “Notice. Contents of this bin are the property of Somers, Jones & Company, of Chicago, Illinois. Do not disturb under penalty of the Law.” On February 1, 1918, appellees demanded of bim storage receipts and he executed and delivered the same to each of them. On February 21, 1918, in talking with one of the officers of appellant in regard to these storage receipts, he stated that he had charged no storage for the oats, that he had given appellees said storage receipts because they wanted them and that their claims were ridiculous, that his agreement was merely that the price for the oats was to be settled at some future date, and that if he charged storage, he would have to file a schedule with the Public Utilities Commission. These facts are wholly inconsistent with his testimony before the master that the oats in question were deposited in the warehouse under contracts for storage at a compensation of one-half cent per bushel. His testimony on this question is entitled to no weight or corroborative force. The remaining proofs to sustain the fact that the oats in question were deposited in the warehouse by said respective appellees as bailors under contracts of storage consist wholly of the unsupported testimony of the appellees themselves. Every other undisputed fact in evidence tends to show that the oats were not deposited in the warehouse under storage contracts. None of these appellees demanded or received storage certificates until 5 months after the oats had been delivered to the warehouse and after this controversy had arisen. While a failure to take such receipts might not be conclusive evidence that the oats were not deposited under an agreement for storage, yet it is not usual or,customary to deposit large quantities of grain in public warehouses without procuring any receipt or acknowledgment of the amount, kind, quality thereof or rate of storage thereon, and the fact that no such receipts were demanded is to be considered with all the other facts and circumstances in evidence. No entry was made upon the books of Inkster Brothers showing that the oats in question were deposited in the warehouse for storage. The assessor in making up his assessment of the personal property in said township interviewed each of appellees and none of them listed their respective portions of the oats in question for taxation, but, after said interviews, the assessor listed all of the oats as the property of appellant and appellant paid the taxes thereon. No storage was, in fact, ever paid by any of said appellees. Over 90,000 bushels of oats were deposited in the elevator that year, none of which were deposited under storage contracts except those claimed by said appellees. The five collateral certificates delivered to appellant on November 19, 1917, were executed on behalf of Inkster Brothers, by James Inkster. This fact shows that the firm itself, at that time, believed that it owned the oats.

It must be remembered that appellant was a bona fide purchaser of the oats for value without knowledge of the claims of appellees and had reduced the oats to its possession. It must also be remembered that this action is not a suit at law for the replevin of the possession of the oats nor in trover for the conversion thereof, but that the relief here sought by appellees is by a cross-bill in an equitable proceeding and equity takes cognizance of fraud and estoppel. It was incumbent upon appellees to prove that the oats in question were deposited by them under contracts of bailment by a preponderance of the evidence and this, in our opinion, they have failed to do. Appellees knew and understood that the oats deposited by them would be mingled with the oats of other people and would be shipped out and sold by Inkster Brothers. In the case of Cloke v. Dowse, 137 Ill. 393, the appellee in that case delivered to the appellant’s warehouse a certain quantity of shelled com and thereafter appellant paid to the appellee in several different payments a total of $100. In the opinion it is stated: “No warehouse receipt was given. The parties disagreed in respect to what was said at the time of the delivery of the corn, and as to whether the money before mentioned was a payment upon the com, or simply an advance to appellee. It appears that appellee was desirous of hauling his com to the elevator, but was unwilling to take the price at which it was then selling. Appellants had room in their warehouse, and consented to his putting it there, saying to him, he could keep it there 30 days without charge. It seems nothing was said about selling the corn at that time. * * * Although nothing was said in respect to selling the corn at the time it was put into the warehouse, no one can, we think, read the evidence and escape the conclusion that it was understood by both parties to be a sale of the corn by appellee to appellants, to be paid for at the market price, upon some day in the future when appellee should demand payment.” In the Dowse case, the com was destroyed by fire and the appellee had brought suit against the owner^of the warehouse to recover the value thereof on the ground that the contract was one of sale. The defense was that the com was simply stored in the warehouse and the contract was one of bailment and the same having been destroyed by fire without fault on the part of the appellant, the appellee could not recover. In that case, as here, no warehouse receipt was given. In that case neither party said anything about a sale of the corn and the only agreement made was that the appellant would store the grain for 30 days without charge, yet the court held that these facts constituted a sale of the com.

We say in this case, as was said in the Dowse case,, that no one can read the evidence and escape the conclusion that it was understood by Inkster Brothers and these appellees that the oats in question were delivered by the latter to the former as a. sale thereof to be paid for at the market price upon some day in the future when appellees should demand payment.

As before stated, the failure to obtain a warehouse receipt showing the nature of the transaction, while not necessarily essential to establish a bailment of grain deposited in. a warehouse, yet, in the absence thereof, the facts, which such a receipt would establish, must be proven by a preponderance of other evidence, and when grain has been deposited in a warehouse with the knowledge that it is to be mixed with other grain and shipped out and sold and no receipt or memorandum is taken to show the nature of the transaction, the unsupported, testimony of the depositor that the transaction was a bailment and not a sale, when every other creditable fact in evidence tends to show that it was a sale, will not constitute a preponderance of the evidence that the transaction was a bailment when the grain in question has passed into the possession of a bona fide purchaser for value.

Appellees also contend that during the shipment of this grain by appellant an agreement was made between them and appellant’s custodian that they were to receive one-third of the proceeds of all the grain shipped. The chancellor apparently did not give much weight to this phase of appellees’ contention as the decree is not based upon any such alleged compromised agreement, but wholly upon the facts that the transactions between appellees and Inkster Brothers were bailments and not sales of the oats in question. We have carefully considered the evidence in regard to this latter claim and find that appellant did not make any compromise agreement with appellees, but did attempt to make a new loan to Charles Inkster who, at the time mentioned, had bought out the interests of the firm of Inkster Brothers in the elevator at Melvin and who was then the owner thereof, so that he might settle the claims of appellees and continue to do business, but this transaction was wholly between appellant and Charles Inkster and through the failure of the latter to carry out his agreement with appellant in regard thereto was never wholly consummated.

The decree of the circuit court is reversed and the cause is remanded with directions to dismiss the cross-bill for want of equity and to grant the relief prayed for in the original bill.

Reversed cmd remcmded with directions.


source: Caselaw Access Project

author: Mr. Justice Eldredge

license: Public Domain

text:
    Joseph P. Lyons, Appellee, v. Mary Frances Lyons, Appellant.
    1. Appeal and ebroe, § 855

      —when certificate of evidence is necessary. Although in chancery cases motions made are considered a part of the record, yet, when such motions require evidence to sustain them, such evidence must be preserved by certificates of evidence and filed in the case, for in no other way can it become part of the record.
    2. Appeal and ebbob, § 760*—when affidavit is not part of record. The writing into the record by the clerk of an affidavit filed in support of a motion for a change of venue and attached to the written motion did not make the affidavit part of the record in a ' chancery case.
    3. Appeal and ebbob, § 981*—what error witl not he considered. An alleged error in the refusal of motions in a chancery case to (remand a cause to the county from which it had been removed, because of the failure to pay the costs of such change within the time fixed by the 'court, was not considered where the transcript of the record did not show what evidence was heard or whether any was heard by the court upon the determination of the motion to remand.
    4. Appeal and ebbob, § 855*—when record warrants reversal of decree. A decree for divorce was reversed because there was no certificate of evidence and the decree itself made no findings of fact, and not even of the fact that appellant was guilty of desertion, nor the residence of the parties, whether they were ever married, what children, if any, were horn, nor of any jurisdictional fact.
    5. Appeal and erbob, § 725*—what must he shown in chancery cases. In chancery cases it must be shown that the decree Is sustained by the evidence and this may he done either by having the decree set out facts found from the evidence sufficient to authorize the relief granted, or by preserving the evidence by a certificate of evidence.
    Appeal from the Circuit Court of McLean county; the Hon. Sain Weltt, Judge, presiding. Heard in this court at the April term,' 1920.
    Reversed and remanded.
    Opinion filed October 27, 1920.
    W. J. Lewis, for appellant; John M. Duffy, of counsel.

      E. A. Simmons, for appellee.

      See Illinois Notes Digest, Vols. XI to XV, and Cumulative Quarterly, same topic and section number.

   Mr. Justice Eldredge

delivered the opinion of the court.

Appellee filed his bill for divorce in Livingston county April 3, 1918. On motion of appellee for change of venue the cause was sent to the circuit court of McLean county from which, on motion of appellant for a change of venue, it was sent to Will county from which, on motion of appellee, it was remanded to McLean county because the costs of the change of venue had not been paid within 15 days, the time limited by the court. When the record got back to McLean county appellant made a motion to remand the cause back to Livingston county for the reason that the costs had not been paid by appellee within the time prescribed by the court, when the first change of venue was obtained. This last motion was denied. Appellant filed . a cross-bill and a trial was had before a jury. At the conclusion of the evidence the court directed the jury to find a verdict for appellee, on the original bill finding appellant guilty of desertion. The cross-bill charged that appellee had been guilty of cruelty and adultery. JSTo verdict was returned upon the issues made by the cross-bill. A motion for a new trial was made by appellant and overruled and a decree was entered granting a divorce, giving the custody of the children to appellee and dismissing the cross-bill for want of equity.

Appellee has made a motion in this court to strike the brief and argument filed on behalf of appellant from the files on the ground that it violates the rules of professional propriety in its criticisms of the trial court. This motion is denied. ■

Appellant in the court below made numerous motions for rules on appellee to pay alimony and suit money, all of which were denied. She also made a motion for a continuance when the cause was finally called for trial, which was also denied.

Appellant seeks a reversal of the decree for the following reasons: (1) The court erréd in refusing" to remand the cause to Livingston county for the reason that the original cost of the change of venue from Livingston county to McLean county had not been paid and the order changing the venue became void; (2) in refusing to enter an order compelling appellee to pay alimony and suit money pending the litigation; (3) in refusing to grant a continuance; (4) there is no evidence to support the decree.

As to the first three alleged errors, they cannot be considered in this court for the reason that the evidence offered in support of the respective motions has not been preserved by certificates of evidence. While it is true that in chancery cases motions made are considered a part of the record, yet, when such motions require evidence to sustain them, such evidence must be preserved by certificates of evidence and filed in the case, for in no other way can it become a part of the record. ’ When an affidavit, filed in support of a motion for a change of venue and attached to the written motion is written into the record by the clerk, such act "does not make the affidavit a part of the record. Heacock v. Hosmer, 109 Ill. 245; Lange v. Heyer, 195 Ill, 420. In regard to the motion to remand the cause to Livingston county because appellee had not paid the costs of the change of venue within the time limited by the court, oral testimony might have been introduced in support of the motion or against it. The transcript of the record does not show what evidence was heard or whether any evidence was heard by the court upon the determination of that motion. So also on the motion for a continuance, there is' no certificate of evidence preserving the affidavit or other evidence heard upon that motion, and the action of the court thereon cannot be here considered. DuQuoin Water Works Co. v. Parks, 207 Ill. 46. Likewise, we cannot consider the action of the court upon its refusal to grant the motion of appellant for rules upon appellee to pay alimony and suit money because the evidence in support of these motions has not been preserved by certificates of evidence.

The final decree, however, must be reversed, because there is no certificate of evidence, and the decree itself makes no findings of fact, not even of the fact that appellant was guilty of desertion. It simply sets out the verdict of the jury and that a motion for a new trial was overruled and then proceeds to dispose of the custody of the children. In chancery suits it must be shown that the decree is sustained by the evidence and this may be done in either one of two ways. The decree must set out the facts found from the evidence and these facts must be sufficient to authorize the relief granted, or the evidence to sustain the decree must be preserved by a certificate of evidence filed in the cause and made a part of the record. Moss v. McCall, 75 Ill. 190; Ryan v. Sanford, 133 Ill. 291; Hilenski v. Beman, 291 Ill. 543. The decree does not find any jurisdictional facts, nor the residence of the parties, whether the parties were ever married, what children, if any, were bom of said marriage, what issues of fact were submitted to the jury, what the verdict of the jury was in regard to the issues of cruelty and adultery charged to appellee in the cross-bill, and does not adjudge that appellant was guilty of desertion. There is no certificate of evidence showing what evidence was introduced on the hearing and the decree makes no finding of the facts proven by the evidence, and, consequently, there is no evidence tending to sustain the decree.

The decree is reversed and the cause remanded.

Reversed and remanded.


text:
    First National Bank of Findlay, Appellant, v. Farmer’s Bank of Gays, Appellee.
    1. Appeal and error, § 1827

      —when notice must he personally served. Under, section 113 of the Practice Act (Hurd’s Rev. St. ch. 110, J. & A. U 8650), providing that upon the giving of notice to the adverse party or his attorney of the filing of a remanding order the case may be reinstated, personal service was requisite, and therefore a judgment by default entered where a case has been redocketed after service of a notice of the filing of the mandate from the Appellate Court, upon the attorney by registered mail, was vacated.
    2. Process, § 35*—how notice must he served. Where a statute provides for notice and does not say how it shall be served, such service must he personal.
    3. Judgment, § 159*—when default judgment will he vacated. Where a notice of the'filing .of a remanding order stating that on a given day application would be made to have the case redocketed was served by registered mail on the attorney for defendant, the force and validity of the notice expired on the day named, and even assuming that service by registered mail was valid, the notice did not extend ad infinitum to be taken advantage of several years later without further notice; and hence a judgment by default entered after a redocketing of the case in question under such circumstances was vacated in chancery.
    Appeal from the Circuit Court of Coles county; the Hon. Walter Brewer, Judge, presiding. Heard in this court at the April term, 1920.
    Reversed and remanded with directions.
    Opinion filed October 27, 1920.
    Craig & Kinzel and Whitaker, Ward & Pugh, fur appellant.
    Edward C. Craig, Donald B. Craig, James W. Craig, Jr., Fred H. Kelly and James Craig Van Meter, for appellee.

      See Illinois Notes Digest, Vols. XI to XV, and Cumulative Quarterly, same topic and section number.

   Mr. Justice Eldredge

delivered the opinion of the court.

Appellant filed its ■ bill in chancery in the circuit court of Coles county to the October term, 1919, thereof for the purpose of having a certain judgment obtained by appellee against appellant in a suit at law at the April term, 1919, of said court vacated, a new trial granted and the levy of an execution sued out on said judgment enjoined. Upon a hearing the chancellor dismissed the bill for want of equity and from this decree appellant has prayed an appeal to this court.

The bill as amended, in substance, avers that appellant was made a party defendant in a suit at law in the circuit court of Coles county entitled “W. J. Elzy for the use of the Farmers Bank of Gays v. The First National Bank of Findlay, Illinois”; that in said suit appellant was garnisheed as the holder of certain money belonging to Elzy; that there was a judgment rendered in said suit which was reversed by the Appellate Court of the third district and remanded for a new trial on October 13, 1915; that appellee secured a remanding order in said cause on or about March 28, 1917, which was filed in the office of the clerk of the circuit court of' Coles county, but that said cause was not reinstated nor placed upon the docket • of said circuit court until the January, 1919, term thereof; that no personal notice was given appellant or any attorney representing the latter of the intention of appellee to reinstate said cause or of the fact that it had been so reinstated; that without any notice having been givep. appellant or any one representing it and without appellant being present, a trial was had at the April term, 1919, of said circuit court in which a verdict was rendered by a jury in favor of appellee in the sum of $727.93; that appellant has a meritorious defense to said demand on account of a decree rendered by the circuit court of Shelby county in the case of “Fred Morrison v. W. J. Elzy ” in which appellant was required to pay the money, which it held for Elzy, to Morrison and that appellee in this case was a party defendant in that case and adopted the answer of appellant in that case; that appellant has a further meritorious defense because Elz'y was indebted to it in a larger sum than- it held for him; and prays that said judgment may be vacated, a new trial granted and that appellee be enjoined from collecting the judgment or levying an execution by virtue thereof.

To the amended bill, appellee filed a demurrer to a part thereof and an answer to the remainder. The causes for the demurrer are alleged to be that the defenses set out in the amended bill could have been proven in the common-law suit and that no fact or legal reason is alleged as to why they were not made in said action.

In its answer, appellee denied that the cause was not reinstated until the January term, 1919, and that no notice was given to appellant of its intention of reinstating said cause but averred that a written notice was sent by mail in a registered letter March 28, 1917, to E. A. Richardson, attorney for appellant, notifying him that the remanding order of the Appellate Court was filed in the circuit court of Coles county March 28, 1917, and that it would on the 16th day of April, 1917, ask to have the said cause reinstated therein; that a return receipt was demanded on the registered letter and was returned to the attorneys for appellee bearing the signature of said Richardson; that at the April term, A. D. 1917, of said court said cause was in fact reinstated and placed upon the trial docket, but that the presiding judge failed to enter upon his docket any order' reinstating the same and that counsel for appellant had notice that said cause had been reinstated and placed upon the trial calendar and that counsel for appellee received a letter from the solicitors for appellant dated April 18, 1917, as follows:

“Vause, Hughes & Kiger, Attys.,
Mattoon, Illinois.
“Gentlemen:
“Attention:—Mr. Kiger.
“The writer of this letter was over to Charleston today looking into the case of W. J. Elzy et al. vs. First National Bank of Findlay, Illinois, garnishee, and failed to find any such case on the judge’s docket.
“I noted a case of W. J. Elzy et al. vs. Sullivan First National Bank, garnishee, and thought it might he that some mistake had been made in redocketing the case. If this case is to be tried this term, it would be impossible for us to do anything with it before the week of April the 30th. We would be tied up in court in other places until that time.
“Will you kindly advise us if you are going to try this case this present term, and, if so, will you be kind enough to notify us on the day it is set, so that we may have a week’s notice of the setting prior to the trial.
“We were just employed in this case today by the First National Bank and would like the above concession on that account. If you will do us the favor of giving us .an early reply to this letter, it will be greatly appreciated.
Very truly yours,
W., W. & P.
Robt. I. Pugh.”

That in response to said letter, solicitors for appellee wrote to said solicitors for appellant a letter in which they stated that they would continue the case for the term; that appellant is not entitled to, any relief in equity.

The proofs show that Richardson received the registered letter inclosing the notice that appellee would ask to have said suit at law reinstated on April 16, 1917, but there is some doubt as to whether Richardson at this time was representing appellant as its attorney, although he testified that he was so acting when he received the registered letter, and it was not until after he received the letter that, on account of sickness in Ms family, he withdrew from the case. J. E. Dazey, president of appellant, testified that Richardson withdrew from the case shortly after the opinion in the Appellate Court was rendered, which was in 1915. The record conclusively shows that the cause was not redocketed until the January term, 1917. Neither the record itself nor the judge’s minutes show that any motion to redocket the cause was made on April 16, 1917, or at any other time until the January term, 1919, when the record shows the cause was actually redocketed. The bill alleges, and the answer admits, that the remanding order was filed with the clerk of said court, but neither the bill nor the answer alleges any date when it was so filed. We have diligently searched the record and the bill of exceptions in an attempt to find this remanding order or any record of its having been filed, but our efforts have been unavailing. If tMs remanding order has never been filed or iwas not filed within 2 years after the judgment of the Appellate Court was rendered on the appeal, then the circuit court had lost all jurisdiction of the law case at the time the trial was had. (Hurd’s Rev. St.-ch. 110, sec. 114, J. & A. |f 8651.) However, as it seems to be conceded by counsel for appellant and appellee that the remanding order was at some time filed and no point has been made that it was not, we will presume, for the purposes of this appeal, that it was filed within the time limited.

Section 113 of the Practice Act (Hurd’s Rev. St. ch. 110, J. & A. |f 8650) provides that upon a transcript of the order of the Appellate Court remanding a case being filed in the trial court and not less than 10 days’ notice thereof being given to the adverse party' or his attorneys, the case shall be reinstated therein. It is contended by appellant that where the statute provides for notice and does not say how it shall be served, the service must be personal, and that service of a notice to reinstate a case, the judgment in which has been reversed by the Appellate Court, must be served personally upon the adverse party or his attorney and that service of such a notice upon an attorney by registered mail is not in compliance with the statute and does not confer jurisdiction upon the person. The filing of the remanding order in the trial court confers upon that court jurisdiction, of the cause but not of the parties. Jurisdiction of the parties can only be obtained after a reinstatement of the ease upon the docket of the trial court after the notice provided by statute has been given. An unbroken line of the decisions in this State holds that where the statute does not designate how such a notice must be served, that personal service thereof is necessary. A very able review of the authorities upon this question is found in the opinion in the case of Haj v. American Bottle Co., 261 Ill. 362. It is conceded by counsel for appellee that the above is the universal rule, but it is contended, however, that the statute is complied with where it is shown that a notice was mailed and actually received by the party to be notified or by his attorney, and they cite the case of Kinkade v. Gibson, 209 Ill. 246, as sustaining their position. In the latter case, the proofs showed that the administrator, to whom the notice was sent by mail, received it and took it to the attorney who sent it and the latter explained it to him and the court held that' these facts comprised personal service. In the Éaj case, supra, the court • commented upon the Kinlcade case and held that it was not in conflict with the other decisions in this State. In the Haj case, a notice for an attorney’s lien was attempted to be served by mailing the same and there was a controversy as to whether it was actually received by the party for whom it was intended. The court held: “If the letter was received or was not, it is a question of law whether service of notice by mall is a compliance with the statute.” It is also insisted by appellant that the letter written by the attomeys for appellee shows that they knew that the case had been redocketed and that their request for a continuance waived all defects in the service of notice. The letter does not show that appellant’s solicitors had any such knowledge for two reasons: First, they state they could not find any such case on the docket añd second, there was no such case on the docket. Neither does the letter establish any waiver on the ground that it asks for a continuance of the case. It simply requested information from the solicitors for appellee as to whether they intended to try the case at the then present term of court, and, if so, whether they would give them a week’s notice of the time it should be set for trial. No continuance of the case was asked for and counsel for appellant were, unquestionably at that time, laboring under the impression that the case had, in fact, been redocketed, but that they, for some reason, had failed to find it on the docket. The proofs show that nothing had been done towards redocketing the case in the trial court until the January term, 1919, and that, at that time, without any notice to appellant or its solicitors, appellee caused the case to be redocketed, appellant defaulted and judgment rendered against it. If it be conceded that the notice sent by registered mail to appellant’s then solicitor Eichardson was proper notice, the record shows appellee took no steps to comply with it and to 'have the case redocketed on the day named therein, April 16, 1917, nor for several years thereafter. The force and vitality of this notice expired on the 16th day of April, 1917. It did not extend ad infinitum to be taken advantage of at some time in the future at the convenience of the party serving the notice and without the knowledge, and to the injury, of the party entitled to the same. The object of a notice of this character is to give the opposite party knowledge of the time when the action of the moving party will be taken in court so that he may be present and protect his rights if necessary, at that time. If a party desires to serve a notice that at a certain time in a certain cause he will take a certain'action before the court and then fails to take such action at that time, but afterwards, when the opposite party has had no opportunity of being present, should take such action pursuant to such notice, the very object of the notice would be defeated. When appellee failed to have the ease reinstated on the day mentioned in the notice, he abandoned the notice and the circuit court had no jurisdiction to reinstate or redocket the case until another notice had been properly given pursuant to the statute. The redo dieting of the case at the January term, 1919, without any notice to appellant was void as is also the judgment and all other proceedings had pursuant thereto, as the court was without jurisdiction to redocliet the case, proceed with the trial or enter the judgment.

The decree of the circuit court is reversed and the cause remanded with directions to enter a decree in conformity with the prayer of the amended bill.

Reversed cmd remomded with directions.


author: Mr. Presiding Justice Dibell

text:
    Second District.
    Clarence Higgins, by Grace Higgins, conservator, defendant in error, v. Midland Casualty Company, plaintiff in error.
    Gen. No. 6,767.
    Action on an accident insurance policy for injury by sunstroke. Judgment for plaintiff. Error to the Circuit Court of Winnebago county; the Hon. Frank E. Shopen, Judge, presiding.- Heard in this court at the April term, 1920.
    Reversed and remanded.
    Opinion filed July 16, 1920.
    Fisher, North, Welsh & Linscott and Cleland, Lee & Phelps, for plaintiff in error. Knight & Mohr and Roy F. Hall for defendant in error.
   Mr. Presiding Justice Dibell

delivered the opinion of the court.


text:
    The People of the State of Illinois, defendant in error, v. Max Fensky, plaintiff in error.
    Gen. No. 6,774.
    Conviction on charge of selling liquor in anti-saloon territory. Error to the County Court of DuPage county; the Hon. Frank E. Shopen, Judge, presiding. Heard in this court at the October term, 1919.
    Affirmed.
    Opinion filed July 16, 1920.
    Rehearing denied October 12, 1920.
    Charles E. Erbstein, for plaintiff in error; Zack C. Hoffheimer and Cameron Latter, of counsel. Edward J. Brundage, Floyd E. Britton and Charles W. Hadley, for defendant in error.
   Mr. Presiding Justice Dibell

delivered the opinion of the court.


text:
    William Templeton, appellee, v. Griesser Fruit & Produce Company, appellant.
    Gen. No. 6,814.
    Action for personal injuries to pedestrian caused by collision between auto-truck and street car. Judgment for plaintiff. Appeal from the Circuit Court of Peoria county; the Hon. John M. Niehaus, Judge, presiding. Heard in this court at the April term, 1920.
    Affirmed.
    Opinion filed July 16, 1920.
    Niehaus, J., took no part.
    L. O. Eagleton and Roseoe Herget, for appellant. John B. King, Leo G. Hana and Charles C. Dickman, for appellee.
   Mr. Presiding Justice Dibell

delivered the opinion of the court.


author: Mr. Justice Heard

text:
    John Dunn, appellee, v. Standard Distilling and Distributing Company, appellant.
    Gen. No. 6,812.
    Action to recover for injuries to an employee’s hand caught between pulley and belting. Judgment for plaintiff. Appeal from the Circuit Court of Peoria county; the Hon. Charles V. Miles, Judge, presiding. Heard in this court at the April term, 1920.
    Affirmed.
    Opinion filed July 16, 1920.
    Rehearing denied October 7, 1920.
    Gallagher, Kohlsaat & Binaker and Hunter, Page & Kavanagh, for appellant. Shelton P. McGrath, for appellee.
   Mr. Justice Heard

delivered the opinion of the court.


text:
    Parker H. Shughart and Charles E. McGinnes, trading as Little York Grain Company, appellees, v. William Payne, appellant.
    Gen. No. 6,839.
    Action to recover damages for breach of contract to deliver corn. Judgment for plaintiffs. Appeal from the Circuit Court of Warren county; the Hon. Robert J. Grier, Judge, presiding. Heard in this court at the April term, 1920.
    Affirmed.
    Opinion filed July 16, 1920.
    Rehearing denied October 13, 1920.

      Certiorari denied by Supreme Court (making opinion final).
    L. H. Hanna and Scofield, Hartzell & Califf, for appellant. Brown, Safford, Graham & Soule, for appellees.
   Mr. Justice Heard

delivered the opinion of the court.


author: Mr. Justice Niehaus

text:
    Axel Levahn, administrator of estate of Sexton Ludwig Levahn, deceased, appellee, v. Rockford and Interurban Railway Company, appellant.
    Gen. No. 6,701.
    Action to recover for death of person struck by interurban ear while waiting to take passage. Judgment for plaintiff. Appeal from the Circuit Court of Boone county; the Hon. Frank E. Shopen, Judge, presiding. Heard in this court at the October term, 1919.
    Reversed and remanded.
    Opinion filed July 16, 1920.
    Fisher, North, Welsh & Linseott, for appellant. Charles W. Fergusdn and William L. Pierce, for appellee.
   Mr. Justice Niehaus

delivered the opinion of the court.


text:
    L. H. Parker, trustee of American Trades & Savings Bank of Racine, Wisconsin, appellant, v. J. S. Hand et al., appellees.
    Gen. No. 6,790.
    Bill to set aside mortgage on ground of fraud. Bill dismissed. Appeal from the Circuit Court of Lake county; the Hon. Claire C. Edwards, Judge, presiding. Heard in this court at the April term, 1920.
    Affirmed.
    Opinion filed July 16, 1920.
    Musgrave, Oppenheim & Lee and E. V. Orvis, for appellant. Ben M. Smith, for appellees.
   Mr. Justice Niehaus

delivered the opinion of the court.


text:
    Hero Furnace Company, appellant, v. School Directors of District No. 41, of Henry County, Illinois, appellees.
    Gen. No. 6,831.
    Action to recover the amount due under a contract for installing a furnace. Judgment for defendants. Appeal from the Circuit Court of Henry county; the Hon. Emery C. Graves, Judge, presiding. Heard in this court at the April term, 1920.
    Affirmed.
    Opinion filed July 16, 1920
    Thomas J. Welch, for appellant. Edwin J. FauII and James N. Cummings, for appellees.
   Mr. Justice Niehaus

delivered the opinion of the court.


text:
    Mueller Grain Company, appellee, v. Chicago, Burlington & Quincy Railroad Company, appellant.
    Gen. No. 6,836.
    Action to recover damages for failure to transport and deliver a carload of oats. Judgment for plaintiff. Appeal from the Circuit Court of Peoria county; the Hon. Charles V. Miles, Judge, presiding. Heard in this court at the April term, 1920.
    Affirmed.
    Opinion filed July 16, 1920,
    J. A. Connell and Jack, Irwin & Jack, for appellant. Clarence W. Heyl and Harry C. Heyl, for appellee.
   Mr. Justice Niehaus

delivered the opinion of the court.


author: Mr. Presiding Justice

text:
    The People of the State of Illinois, defendant in error, v. John Unger, plaintiff in error.
    Gen. No. 6,775.
    Conviction on charge of refusing to act as special deputy sheriff when summoned. Error to the Circuit Court of Lake county; the Hon. Claire C. Edwards, Judge, presiding. Heard in this court at the April term, 1920.
    Affirmed.
    Opinion filed October 12, 1920.
    Rehearing denied December 2, 1920.
    Sidney H. Block and George W. Field, for plaintiff in error. James G. Welch, for defendant in error; Charles H. King, of counsel.
   Mr. Presiding Justice

Dibell delivered the opinion of the court.


text:
    Daisy Petro, administratrix of estate of John Petro, deceased, defendant in error, v. Walker D. Hines, director general of railroads, plaintiff in error.
    Gen. No. 6,796.
    Action for death of person struck by train at a farm crossing. Judgment for plaintiff. Error to the Circuit Court of Kankakee county; the Hon. Arthur W. De Seim, Judge, presiding. Heard in this court at the April term, 1920.
    Affirmed.
    Opinion filed October 12, 1920.
    W. B. Hunter and C. M. Clay Buntain, for plaintiff in error. Augustine J. Bowe and William J. Bowe, for defendant in error.
   Mr. Presiding Justice Dibell

delivered the opinion of the court.


text:
    Orin O. Ogle and Tom Haney, appellants, v. Charles H. Ditto, appellee.
    Gen. No. 6,803.
    Action to recover commissions for procuring buyer for farm. Judgment for defendant. Appeal from the Circuit Court of Henderson county; the Hon. Robert J. Grier, Judge, presiding. Heard in this court at the April term, 1920.
    Reversed and remanded.
    Opinion filed October 12, 1920.
    James W. Gordon and O’Harras, Wood & Walker, for appellants. E. L. Moffett and L. E. Murphy, for appellee.
   Mr. Presiding Justice Dibell

delivered the opinion of the court.


text:
    Charles M. Glidden, appellee, v. Harrington Manufacturing Company, appellant.
    Gen. No. 6,806.
    Action to recover for injuries of person struck by automobile while riding bicycle. Judgment for plaintiff. Appeal from the Circuit Court of Peoria county; the Hon. Charles V. Miles, Judge, presiding. Heard in this court at the April term, 1920.
    Reversed with finding of facts.
    Opinion filed October 12, 1920.
    Rehearing denied December 2, 1920.

      Weil & Bartley and Mansfield & Cowan, for appellant. Nathan H. Weiss,- for appellee.
   Mr. Justice Heard

delivered the opinion of the court.


text:
    Ella Peterson, appellee, v. Peoria Railway Company, appellant.
    Gen. No. 6,811.
    Action for personal injuries sustained while alighting from defendant’s street car. Judgment for plaintiff. Appeal from the Circuit Court of Peoria county; the Hon. Charles V. Miles, Judge, presiding. Heard in this court at* the April term, 1920.
    Affirmed.
    Opinion filed October 12, 1920.
    Rehearing denied November 11, 1920.
    Hunter, Page & Kavanagh, for appellant. Clarence W. Heyl and Harry C. Heyl, for appellee.
   Mr. Justice Heard

delivered the opinion of the court.


text:
    Tillman Anderson, by Christopher Anderson, appellee, v. Thomas T. Fletcher, appellant.
    Gen. No. 6,837.
    Action for malicious prosecution for larceny. Judgment for plaintiff. Appeal from the Circuit Court of Grundy county; the Hon. Samuel C. Stough, Judge, presiding. Heard in this court at the April term, 1920.
    Reversed and remanded.
    Opinion filed October 12, 1920.
    Mighell, Gunsul & Allen and Cornelius Reardon, for appellant. Hayes & Stough and H. B. Smith, for appellee.
   Mr. Justice Heard

delivered the opinion of the court.


text:
    John A. Russell, appellee, v. Board of Education of District No. 87, of Kane County, Illinois, appellant.
    Gen. No. 6,838.
    Action to recover solicitor’s fees. Judgment for plaintiff. Appeal from the Circuit Court of Kane county; the Hon. Clinton F. Irwin, Judge, presiding. Heard in this court at the April term, 1920.
    Affirmed.
    Opinion filed October 12, 1920.
    Charles Hunt and Mighell, Gunsul & Allen, for appellant. ' John M. Raymond and John K. Newhall, for appellee.
   Mr. Justice Heard

delivered the opinion of the court.


text:
    Anna R. Keller, appellee, v. State Bank of Rock Island, appellant.
    Gen. No. 6,639.
    Assumpsit to recover balance, of a bank account. Judgment for plaintiff. Appeal from the Circuit Court of Rock Island county; the Hon. Frank D. Ramsay, Judge, presiding. Heard in this court at the April term, 1920.
    Affirmed.
    Opinion filed October 12, 1920.
    Rehearing denied November 4, 1920.
    Connelly & Walker and Searle, Marshall'& Marshall, for appellant. Kenworthy, Dietz, Shallberg, Harper & Sinnett, for appellee.
   Mr. Justice Niehaus

delivered the opinion of the court.


text:
    Herbert Hammond, appellant, v. J. W. MacDonald, appellee.
    Gen. No. 6,742.
    ■ Assumpsit to recover amount due on a promissory note. Judgment for defendant. Appeal from the Circuit Court of Kane county; the Hon. Mazzini Slusser, Judge, presiding. Heard in this court at the October term, 1919.
    Reversed and remanded.
    Opinion filed October 12, 1920.
    Rehearing denied and opinion modified December 2, 1920.
    Sabath, Stafford & Sabath, for appellant. Alschuler, Putnam & Flannigen, for appellee.
   Mr. Justice Niehaus

delivered the opinion of the court.


text:
    Robert Lundstrum, trading as Sterling Floral Company, appellee, v. Illinois Northern Utilities Company, appellant.
    Gen. No. 6,788.
    Action to recover for damage to vegetation by gas. Judgment for plaintiff. Appeal from the City Court of Sterling; the Hon. Carl E. Sheldon, Judge, presiding. Heard in this court at the April term, 1920.
    Affirmed.
    Opinion filed October 12, 1920.
    Rehearing denied November 11, 1920.
    Henry S. Dixon, George C. Dixon and Sherwood Dixon, for appellant. Philip H. Ward, for appellee.
   Mr. Justice Niehaus

delivered the opinion of the court.


text:
    Ethel G. Pattison, appellant, v. Douglas Pattison, appellee.
    Gen. No. 6,808.
    Petition for rule to show cause why husband should not be held in contempt for failure to pay alimony. Decree reducing alimony. Appeal from the Circuit Court of Carroll county; the Hon. Robert K. Welsh, Judge, presiding. Heard in this court at the April term, 1920.
    Affirmed.
    Opinion filed October 12, 1920.
    Rehearing denied December 2, 1920.
    Heard, J., took no part.
    Elwyn R. Shaw, for appellant. A. E. Fisher, for appellee.
   Mr. Justice Niehaus

delivered the opinion of the court.


text:
    Maude Henning, appellee, v. Hanover Fire Insurance Company of New York, appellant.
    Gen. No. 6,810.
    Action on a fire insurance policy. Judgment for plaintiff. Appeal from the County Court of Peoria county; the Hon. Robert H. Lovett, Judge, presiding. Heard in this court at the April term, 1920.
    Reversed and remanded.
    Opinion filed October 12, 1920.
    Clarence W. Heyl and Harry C. Heyl, for appellant. Dailey, Miller, McCormick & Radley, for appellee.
   Mr. Justice Niehaus

delivered the opinion of the court.


text:
    Lewis H. Bower, appellee, v. Herbert W. Hancock, appellant.
    Gen. No. 6,800.
    Trover to recover for a stolen automobile in possession of defendant. Judgment for plaintiff. Appeal from the Circuit Court of Peoria county; the Hon. Charles V. Miles, Judge, presiding. Heard in this court at the April term, 1920.
    Reversed and remanded.
    Opinion filed October 27, 1920.
    E. V. Champion and Tichenor, Todd, Wilson & Barnett, for appellant. Ren L. Thurman, for appellee; McGrath & Thurman, of counsel.
   Mr. Presiding Justice Dibell

delivered the opinion of the court.


text:
    Floyd C. Schmitt, appellant, v. Minnie N. Schmitt, appellee. Minnie N. Schmitt, appellee, v. Floyd C. Schmitt, appellant.
    Gen. No. 6,884.

      Bill for divorce by husband on ground of desertion. Cross-bill for separate maintenance on ground of cruelty. Decree on cross-bill. Appeal from the Circuit Court of Kane county; the Hon. Mazzini Slusser, Judge, presiding. Heard in this court at the October term, 1920.
    Affirmed.
    Opinion filed October 27, 1920.
    Samuel J. Stephens and Mighell, Ghmsul & Allen, for appellant. Alsehuler, Putnam & Plannigan, for appellee.
   Mr. Justice Heard

delivered the opinion of the court.


text:
    Rose Greve, appellee, v. Robert Harris, appellant.
    Gen. No. 6,820.
    Action to recover damages for breach of marriage promise. Judgment for plaintiff. Appeal from the Circuit Court of DuPage county; the Hon. Clinton F. Irwin, Judge, presiding. Heard in this court at the April term, 1920.
    Reversed and remanded.
    Opinion filed October 27, 1920.
    Frank W. Joslyn and Walter E. Healy, for appellant. Charles W. Hadley, for appellee.
   Mr. Justice Niehaus

delivered the opinion of the court.


text:
    Edward J. Bamrick and William G. Hanney, appellees, v. Spring Valley Coal Company, appellant.
    Gen. No. 6,829.
    Action to recover damages for injury to merchandise caused by smoke and soot. Judgment for plaintiffs. Appeal from the City Court of Spring Valley; the Hon. Joe A. Davis, Judge, presiding. Heard in this court at the April term, 1920.
    Reversed and remanded.
    Opinion filed October 27, 1920.
    Rehearing denied December 2, 1920.
    John J. Sherlock and McDougall, Chapman & Bayne, for appellant. Duncan & O’Connor and J. L. Murphy, for appellees.
   Mr. Justice Niehaus

delivered the opinion of the court.


author: Per Curiam.

text:
    Oliver H. Seaton, defendant in error, v. George P. Seaton, individually and as conservator of estate of Oliver H. Seaton, insane, plaintiff in error.
    Gen. No. 6,855.
    Insanity proceedings. Order of commitment and appointment of conservator. Error to the County Court, of Bureau county; the Hon. James R. Pritchard, Judge, presiding. Heard in this court at the October term, 1920.
    Dismissed.
    Opinion filed October 27, 1920.
    Woodward & Hibbs, for plaintiff in error. Josef T. Skinner, for defendant in error.
   Per Curiam.


author: Mr. Presiding Justice Taylor

text:
    First District.
    Robert N. Motherwell, appellee, v. Garford Motor Truck Company, appellant.
    Gen. No. 25,152.
    Action to recover commissions upon the sale of motor trucks. Judgment for plaintiff. Appeal from the Superior Court of Cook county; the Hon. Joseph H. Fitch, Judge, presiding. Heard in the Branch Appellate Court at the March term, 1919.
    Affirmed.
    Opinion filed October 6, 1920.
    Thomson, J., specially concurring.

      Underwood & Smyser, for appellant; Charles R. Young, of counsel. Delbert A. Clithero, Frank Wentworth Swett and Kenneth M. Fiske, for appellee.
   Mr. Presiding Justice Taylor

delivered the opinion of the court.


text:
    Henry Hecht, appellee, v. Leopold Oesterreicher, appellant.
    Gen. No. 25,208.
    Action for malicious prosecution. Judgment for plaintiff. Appeal from the Circuit Court of Cook county; the Hon. John P. MeGoorty, Judge, presiding. Heard in the Branch Appellate Court at the March term, 1919.
    Reversed with finding of fact.
    Opinion filed October 6, 1920.
    Rehearing denied October 19, 1920.
    O’Connor, J., dissenting.
    Thomson, J., specially concurring.
    A. G. Dieus, for appellant. Israel Cowen and Wiley W. Mills, for appellee.
   Mr. Presiding Justice Taylor

delivered the opinion of the court.


text:
    The People of the State of Illinois, defendant in error, v. Lorenzo Romandano, plaintiff in error.
    Gen. No. 25,338.
    Conviction on charge of vagrancy. Error to the Municipal Court of Chicago; the Hon. John A. Swanson, Judge, presiding. Heard in the Branch Appellate Court at the October term, 1919.
    Affirmed.
    Opinion filed October 6, 1920.
    James A. O’Callaghan, for plaintiff in error. Maclay Hoyne and Edward E. Wilson, for defendant in error.
   Mr. Presiding Justice Taylor

delivered the opinion of the court.


author: Mr. Justice O’Connor

text:
    J. D. Hollingshead Company, appellee, v. U. S. Industrial Alcohol Company, appellant.
    Gen. No. 24,999.
    Action to recover damages for defendant’s refusal to receive barrels to be manufactured and delivered by plaintiff. Judgment for plaintiff. Appeal from the Superior Court of Cook county; the Hon. Joseph H. Fitch, Judge, presiding. Heard in the Branch Appellate Court at the March term, 1919.
    Reversed.
    Opinion filed October 6, 1920.
    Rehearing denied October 19, 1920.

      Certiorari denied by Supreme Court (making opinion final).
    W. W. Gurley and Walter F. Olds, for appellant. Adler, Lederer & Beck, for appellee.
   Mr. Justice O’Connor

delivered the opinion of the court.


author: Mr. Justice O'Connor

text:
    W. L. Moulton and John Merrill, trading as Moulton & Merrill, appellees, v. Southern Pacific Company, appellant.
    Gen. No. 25,137.
    Action to recover for damage to a carload of tomatoes while in transit. Judgment for plaintiffs. Appeal from the County Court of Cook county; the Hon. J. J. Cooke, Judge, presiding. Heard in the Branch Appellate Court at the March term, 1919.
    Reversed.
    Opinion filed October 6, 1920.
    John A. Skeean, for appellant. Charles A. Butler, for appellees.
   Mr. Justice O'Connor

delivered the opinion of the court.


text:
    Lajos Steiner, appellant, v. Chicago Title & Trust Company, appellee.
    Gen. No. 25,252.
    Assumpsit to recover for loss of commissions and time by reason of defendant’s breach of contract. Judgment for defendant. Appeal from the Circuit Court of Cook county; the Hon. Osear M. Torrison, Judge, presiding. Heard in the Branch Appellate Court at the March .term, 1919.
    Affirmed.
    Opinion filed October. 6, 1920.
    Harry H. Felgar, for appellant; Julius L. Steiner, of counsel. Butz, von Ammon & Johnston and George Gillette, for appellee.
   Mr. Justice O’Connor

delivered the opinion of the court.


text:
    The People of the State of Illinois, defendant in error, v. George Overholt, plaintiff in error.
    Gen. No. 25,348.
    Conviction on charge of contributing to the delinquency of a child. Error to the Municipal Court of Chicago; the Hon. Edmund K. Jareeki, Judge, presiding. Heard in the Branch Appellate Court at the October term, 1919.
    Reversed and remanded.
    Opinion filed October 6, 1920.
    James F. Fardy, for plaintiff in error. Maelay Hoyne and Edward E. Wilson, for defendant in error..
   Mr. Justice O’Connor

delivered the opinion of the court.


text:
    International Grand Lodge, Brotherhood of Railroad Patrolmen et al., appellees, v. Charles E. Copeland et al., appellants.
    Gen. No. 26,247.
    Bill for an accounting and an injunction restraining the president of complainant association from acting as such. Decree for complainants. Interlocutory appeal from the Superior Court of Cook county; the Hon. Charles M. Foell, Judge, presiding. Heard in the Branch Appellate Court.
    Affirmed.
    Opinion filed October 6, 1920.
    Cruice & Langille, for appellants; Daniel L. Cruiee, of counsel.
    Earl J. Walker, for appellees.
   Mr. Justice O’Connor

delivered the opinion of the court.


author: Mr. Justice Thomson

text:
    Heyworth Graham Company, appellant, v. William L. Lewis, appellee.
    Gen. No. 25,197.
    Action on a promissory note. Judgment for defendant. Appeal from the Municipal Court of Chicago; the Hon. Howard Hayes, Judge, presiding. Heard in the Branch Appellate Court at the March term, 1919.
    Affirmed.
    Opinion filed October 6, 1920.
    Pines & Newmann, for appellant; Alvin E. Stein, of counsel. Schaffner & Friend, for appellee.
   Mr. Justice Thomson

delivered the opinion of the court.


text:
    John F. Plonczynski, by John Plonczynski, appellee, v. Consumers Company, appellant.
    Gen. No. 25,200.
    Action to recover damages for injuries sustained on being knocked down by a team. Judgment for plaintiff. Appeal from the Superior Court of Cook county; the Hon. Joseph B. David, Judge, presiding. Heard in the Branch Appellate Court at the March term, 1919.
    Reversed and remanded.
    Opinion filed October 6, 1920.
    McKinley & Schmaueh, for appellant; W. W. Schmauch, of counsel.
    F. W. Jaros and Francis J. Woolley, for appellee.
   Mr. Justice Thomson

delivered the opinion of the court.


text:
    Mendel Watz, appellee, v. Samuel Alport, appellant.
    Gen. No. 25,216.
    Action to recover damages for breach of contract to purchase Russian rubles. Judgment for plaintiff. Appeal from the Municipal Court of Chicago; the Hon. Harry Olson, Judge, presiding. Heard in the Branch Appellate Court at the March term, 1919.
    Affirmed.
    Opinion filed October 6, 1920.
    Morris K. Levinson, for appellant. N. Rothblum and Charles Hudson, for appellee.
   Mr. Justice Thomson

delivered the opinion of the court.


text:
    Arthur C. Buckett, defendant in error, v. Edward J. Carter, plaintiff in error.
    Gen. No. 25,257.
    Action to recover for architectural services rendered upon oral contracts. Judgment for plaintiff. Error to the Municipal Court of Chicago; the Hon. Sheridan E. Ery, Judge, presiding. Heard in the Branch Appellate Court at the October term, 1919.
    Reversed with finding of fact.
    Opinion filed October 6, 1920.
    Felsenthal, Wilson & Struckmann, for plaintiff in error; Arthur C. Baehrach and A. R. Miller, of counsel. Cruice & Langille, for defendant in error; A. S. Langille, of counsel.
   Mr. Justice Thomson

delivered the opinion of the court.


text:
    The People of the State of Illinois, defendant in error, v. John Russell, plaintiff in error.
    Gen. No. 25,279.
    Conviction on charge of open and notorious adultery. Error to the Municipal Court of Chicago; the Hon. Harry M. Fisher, Judge, presiding. Heard in the Branch Appellate Court at the October term, 1919.
    Affirmed.
    Opinion filed October 6, 1920.
    Leonora Z. Meder, for plaintiff in error; Maurice J. Slater, of counsel. Maclay Hoyne and Edward E. Wilson, for defendant in error.
   Mr. Justice Thomson

delivered the opinion of the court.


text:
    The People of the State of Illinois ex rel. Michelangelo Pacella, appellant, v. Bennett College of Eclectic Medicine & Surgery and Francis W. Shepardson, director of registration and education of Illinois, appellees.
    Gen. No. 25,360.
    Mandamus to compel a medical college corporation to issue a certificate of credits to a student. Demurrer to petition sustained. Appeal from the Superior Court of Cook county; the Hon. William Fenimore Cooper, Judge, presiding. Heard in the Branch Appellate Court at the October term, 1919.
    Affirmed.
    Opinion filed October 6, 1920.

      Certiorari denied by Supreme Court (making opinion final).
    Michelangelo Pacella, pro se. Edgar A. Jonas, for appellees.
   Mr. Justice Thomson

delivered the opinion of the court.


text:
    The People of the State of Illinois ex rel. Jeanette Fritz, appellee, v. Charles Day, appellant.
    Gen. No. 25,750.
    Bastardy proceeding. Judgment for plaintiff. Appeal from the Municipal Court of Chicago; the Hon. Sheridan E. Fry, Judge, presiding. Heard in the Branch Appellate Court at the October term, 1919.
    Affirmed.
    Opinion filed October 6, 1920.

      William Y. Baird, for appellant. Maclay Hoyne and Edward E. Wilson, for appellee.
   Mr. Justice Thomson

delivered the opinion of the court.


author: Mr. Presiding Justice Holdom

text:
    Logan L. Mullins, receiver of Englewood Sash & Door Company, appellee, v. Lehigh Valley Coal Company, appellant.
    Gen. No. 25,719.
    Appeal from the Circuit Court of Cook county; the Hon. David F. Matehett, Judge, presiding. Heard in this court at the October term, 1919.
    Reversed and remanded with directions on confession of errors.
    Opinion filed October 11, 1920.
    Hoog & Ullmann, for appellant. Robert W. Dunn, for appellee.
   Mr. Presiding Justice Holdom

delivered the opinion of the court.


text:
    George Holy, plaintiff in error, v. A. C. McClurg & Company, defendant in error.
    Gen. No. 25,796.
    Action for malicious prosecution. Judgment, of nil capiat. Error to the Circuit Court of Cook county; the Hon. John P. McGoorty, Judge, presiding. Heard in this court at the March term, 1920.
    Affirmed.
    Opinion filed October 11, 1920.
    Tone & Challenger, for plaintiff in| error. McCormick, Kirkland, Patterson & Fleming, for defendant in error; Joseph B. Fleming and Louis G. Caldwell, of counsel.
   Mr. Presiding Justice Holdom

delivered the opinion of the court.


text:
    Dolese & Shepard Company, appellant, v. National Stone Company, appellee.
    Gen. No. 25,876.
    Action on account for stone sold to defendant. Counterclaim for stone sold to plaintiff. Judgment for defendant. Appeal from the Municipal Court of Chicago; the Hon. John A. Swanson, Judge, presiding. Heard in this court at the March term, 1920.
    Affirmed.
    Opinion filed October 11, 1920.
    Rehearing denied October 25, 1920.
    William J. Pringle and Edwin Terwilliger, Jr., for appellant. David R. Clarke, for appellee; Fyffe, Ryner & Dale, of counsel.
   Mr. Presiding Justice Holdom

delivered the opinion of the court.


text:
    Henry H. Bishop, plaintiff in error, v. Aetna Life Insurance Company, defendant in error.
    Gen. No. 25,885.
    Action on a policy of insurance. Judgment of nil capiat. Error to the Circuit Court of Cook county; the Hon. Frank Johnston, Jr., Judge, presiding. Heard in this court at the March term, 1920.
    Affirmed.
    Opinion filed October 11, 1920.
    John S. Hummer, for plaintiff in error; James E. McGrath, of counsel. Daniel F. Flannery, for defendant in error.
   Mr. Presiding Justice Holdom

delivered the opinion of the court.


text:
    Erma Belter, appellant, v. Fred E. Belter, appellee. Fred E. Belter, appellee, v. Erma Belter, appellant.
    Gen. No. 25,953.
    Bill by wife for separate maintenance on ground of desertion. Cross-bill by husband. Original bill dismissed. Decree on cross-bill. Appeal from the Superior Court of Cook county; the Hon. William Fenimore Cooper, Judge, presiding. Heard in this court at the March term, 1920.
    Reversed and remanded with directions.
    Opinion filed October 11, 1920.
    John A. Irrmann, for appellant. Harry Brown, for appellee;
    Richard H. C. Miller, of counsel.
   Mr. Presiding Justice Holdom

delivered the opinion of the court.


text:
    J. P. Bray, appellant, v. George A. Seaverns, Jr., appellee.
    Gen. No. 26,036.
    Action to recover commissions earned by procuring automobile insurance business for broker. Judgment for defendant. Appeal from the Municipal Court of Chicago; the Hon. John A. Swanson, Judge, presiding. Heard in this court at the March term, 1920.
    Affirmed.
    Opinion filed October 11, 1920.
    John W. Marshall, for appellant; A. H. Ranes and Corinne L. Rice, of counsel. Mayer, Meyer, Austrian & Platt, for appellee; Alfred S. Austrian, of counsel.
   Mr. Presiding Justice Holdom

delivered the opinion of the court.


text:
    William D. Biel, appellee, v. Lillian Aller, appellant.
    Gen. No. 26,092.
    Action of forcible detainer. Judgment for plaintiff. Appeal from the Municipal Court of Chicago; the Hon. Joseph S. LaBuy, Judge, presiding. Heard in this court at the March' term, 1920.
    Affirmed.
    Opinion filed October 11, 1920.
    J. H. Landes, for appellant; Samuel A. Strauss, of counsel. Justin F. McCarthy and Elmer, M. Leesman, for appellee.
   Mr. Presiding Justice Holdom

delivered the opinion of the court.


text:
    The People of the State of Illinois for use of Oak Park Trust & Savings Bank, appellee, v. John A. McCormick et al., appellants.
    Gen. No. 26,116.
    Action upon an appeal bond. Judgment for plaintiff. Appeal from the Circuit Court of Cook county; the Hon. Frank Johnston, Jr., Judge, presiding. Heard in this court at the March term, 1920.
    Affirmed.
    Opinion filed October 11, 1920.
    Edward T. Noonan, for appellants. Henry R. Baldwin, for appellee.
   Mr. Presiding Justice Holdom

delivered the opinion of the court.


author: Mr. Justice Dever

text:
    Marion E. Davenport, plaintiff in error, v. John Louis Davenport, defendant in error.
    Gen. No. 25,854.
    Bill for divorce on ground of desertion. Cross-bill by husband charging attempt to take his life. Decree for cross-cómplainant. Error to the Superior pourt of Cook county; the Hon. John J. Sullivan, Judge, presiding. Heard in this court at the March term, 1920.
    Affirmed.
    Opinion filed October 11, 1920.
    William A. Jennings, for plaintiff in error. Bernstein, Zoila & Bernstein, for defendant in error; Fred Bernstein, of counsel.
   Mr. Justice Dever

delivered the opinion of the court.


text:
    George A. Marks, plaintiff, v. Donald J. O’Donnell et al., defendants. John Guskay, appellant, v. George R. Martin, receiver, appellee.
    Gen. No. 25,862.

      Bill to set aside a prior order of the circuit court approving a final report of a receiver. Decree for complainants. Appeal from the Circuit Court of Cook county; the Hon. Merritt W. Pinckney, Judge, presiding. Heard in this court at the March term, 1920.
    Affirmed.
    Opinion filed October 11, 1920.
    John H. Dally, for .George A. Marks, Francis O’Donnell and John Guskay. No appearance for appellee.
   Mr. Justice Dever

delivered the opinion of the court.


text:
    George M. Lambin, appellee, v. Remmers Soap Company, appellant.
    Gen. No. 25,928.
    Action to recover commissions earned as salesman. Judgment for plaintiff.- Appeal from the Municipal Court of Chicago; the Hon. Charles A. Williams, Judge, presiding. Heard in this court at the March term, 1920.
    Affirmed.
    Opinion filed October 11, 1920.
    Howe, Fordham & Kreamer, for appellant; John G. Everett, of counsel. Darrow, Sissman, Popham & Carlin, for appellee.
   Mr. Justice Dever

delivered the opinion of the court.


text:
    David L. Moss, trading as David L. Moss & Company, appellee, v. Samuel Mittelman and Nathan Mittelman, trading as Mittelman Brothers, appellants.
    Gen. No. 25,950.
    Action to recover contract price for goods sold. Judgment for plaintiff. Appeal from the Municipal Court of Chicago; the Hon. John R. Newcomer, Judge, presiding. Heard in this court at the March "term, 1920.
    Affirmed.
    Opinion filed October 11, 1920.
    Robert Edelson, for appellants; Hyman Polonsky, of counsel. Cavender & Kaiser, for appellee; W. V. Faekler, of counsel.
   Mr. Justice Dever

delivered the opinion of the court.


text:
    H. Fetty, appellee, v. Walter R. Parker, appellant.
    Gen. No. 25,959.
    Action on a promissory note. Judgment for plaintiff. Appeal from the Municipal Court of Chicago; the Hon. John K. Prindiville, Judge, presiding. Heard in this court at the March term, 1920.
    Affirmed.
    Opinion filed October 11, 1920.
    Rehearing denied October 25, 1920.
    D. W. Parker, for appellant.
    No appearance for appellee.
   Mr. Justice Dever

delivered the opinion of the court.


text:
    Jacob Kadera and Matilda Kadera, appellants, v. Morava Building & Loan Association, appellee.
    Gen. No. 25,973.
    Bill for release of real estate mortgage. Decree for defendant. Appeal from the Superior Court of Cook county; the Hon. Denis E. Sullivan, Judge, presiding. Heard in this court at the March term, 1920.
    Reversed and remanded with directions.
    Opinion filed October 11, 1920.
    McSurely, J., dissenting.

      Certiorari denied by Supreme Court (making opinion final).
    Otto Kerner, for appellants; James S. Wight, of counsel. George J. Dreiske, for appellee.
   Mr. Justice Dever

delivered the opinion of the court.


text:
    Sherman T. Cooper, appellee, v. I. D. Zeman, appellant.
    Gen. No. 25,982.
    Action of forcible detainer. Judgment for plaintiff. Appeal from the Municipal Court of Chicago; the Hon. John A. Swanson, Judge, presiding. Heard in this court at the March term, 1920.
    Affirmed.
    Opinion filed October 11, 1920.
    Lighthall, Dankowski & Carlson, for appellant. Ziv, Levit & Silvertrust, for appellee. .
   Mr. Justice Dever

delivered the opinion of the court.


text:
    William G. Munson, trading as Munson Carbon Consumer Company, appellant, v. Anna Strauss, trading as Fred Strauss Dye Works, also as Fred Strauss Dyers & Cleaners, appellee.
    Gen. No. 25,994.
    Action to recover the price of a carbon consumer on a boiler sold to defendant. Judgment for defendant. Appeal from the Municipal Court of Chicago; the Hon. Charles A. Williams, Judge, presiding. Heard in this court at the March term, 1920.
    Affirmed.
    Opinion filed October 11, 1920.
    Charles Scribner Eaton, for appellant. Fred L. Steers, for appellee.
   Mr. Justice Dever

delivered the opinion of the court.


text:
    John Meck, by Samuel Meck, appellee, v. Joseph Winken, Sr., appellant.
    Gen. No. 26,015.
    Action to recover for injuries to boy struck by automobile while crossing street. Judgment for plaintiff. Appeal from the Circuit Court of Cook county; the Hon. Frank Johnston, Jr., Judge, presiding. Heard in this court at the March term, 1920.
    Affirmed.
    Opinion filed October 11, 1920.

      Certiorari denied by Supreme Court (making opinion final).
    Hoyne, O’Connor & Irwin, for appellant. McCormick, Kirkland, Patterson & Fleming, for appellee.
   Mr. Justice Dever

delivered the opinion of the court.


text:
    Abraham Rosovsky, appellant, v. Armour & Company et al., appellees.
    Gen. No. 26,048.
    Action for unlawful assault and other trespasses against property and business. Action dismissed. Appeal from the Circuit Court of Cook county; the Hon. David M. Brothers, Judge, presiding. Heard in this court at the March term, 1920.
    Affirmed.
    Opinion filed October 11, 1920.
    Henry M. Hagan, for appellant. Charles J. Faulkner, Jr., W. C. Kirk and J. C. Spence, for appellees.
   Mr. Justice Dever

delivered the opinion of the court.


text:
    First State Bank of Coulterville, appellee, v. Bank of Commerce & Savings, appellant.
    Gen. No. 26,069.
    Action against indorser on promissory note. Judgment for plaintiff. Appeal from the Municipal Court of Chicago; the Hon. Arnold Heap, Judge, presiding. Heard in this court at the March term, 1920.
    Affirmed.
    Opinion filed October 11, 1920.

      Certiorari denied by Supreme Court (making opinion final).
    Brown, Brown & Brown, for appellant. Henry J. & Charles Aaron and William H. Holly, for appellee.
   Mr. Justice Dever

delivered the opinion of the court.


text:
    John G. Coon, appellee, v. Theodore H. Schintz, appellant.
    Gen. No. 26,100.
    Action for forcible detainer. Judgment for plaintiff. Appeal from the Municipal Oourt of Chicago; the Hon. John R. Newcomer, Judge, presiding. Heard 4n this court at the March term, 1920.
    Affirmed.
    Opinion filed October 11, 1920.
    Butz, von Ammon & Marx, for appellant. Either & Goff for appellee.
   Mr. Justice Dever

delivered the opinion of the court.


author: Mr. Justice McSurely

text:
    Felix J. Reuter, appellee, v. Joseph T. Ryerson & Son, appellant.
    Gen. No. 25,122.
    Action to recover damages for injury to hand caused by being run over by a crane. Judgment for plaintiff. Appeal from the Circuit Court of Cook county; the Hon. Jesse A. Baldwin, Judge, presiding. Heard in this court at the March term, 1919.
    Reversed and remanded.
    Opinion filed October 11, 1920.
    Rehearing denied October 25, 1920.
    H. L. Howard, for appellant. Busch, Leesman & Roeiner, for appellee; Ferdinand J. Karas ek, of counsel.
   Mr. Justice McSurely

delivered the opinion of the court.


text:
    Chapman & Smith Company, plaintiff in error, v. Chicago Bonding & Surety Company, defendant in error.
    Gen. No. 25,894.
    Action in debt on an employee’s fidelity bond. Judgment for plaintiff. Error to the Superior Court of Cook county; the Hon. Marcus Kavanagh, Judge, presiding. Heard in this court at the March term, 1920.
    Affirmed.
    Opinion filed October 11, 1920.
    Miller, Gorham, Wales & Noxon, for plaintiff in error. Sabath, Stafford & Sabath, for defendant in error; Charles B. Stafford and Thomas M. Zasadil, Jr., of counsel.
   Mr. Justice McSurely

delivered the opinion of the court.


text:
    Nettie Mysiak, appellee, v. Solomon Steinman et al., appellants.
    Gen. No. 25,947.
    Action to recover damages for injuries to person struck by automobile driven at excessive speed. Judgment for plaintiff. Appeal from the Circuit Court of Cook county; the Hon. Frank Johnston, Jr., Judge, presiding. Heard in this court at the March term, 1920.
    Affirmed.
    Opinion filed October 11, 1920.
    Rehearing denied October 25, 1920.
    Cantwell, Smith & Cantwell and Harry I. Weisbrod, for appellant. Scott Osten Cavette, for appellee.
   Mr. Justice McSurely

delivered the opinion of the court.


text:
    Josephine Bennett Sebree, appellee, v. Joseph J. Davis, appellant.
    Gen. No. 25,956.
    Trespass to recover funds placed with defendant for safe-keeping. Judgment for plaintiff. Appeal from the Superior Court of Cook county; the Hon. M. L. McKinley, Judge, presiding. Heard in this court at the March term, 1920.
    Affirmed.
    Opinion filed October 11, 1920.
    James F. Bishop, for appellant; Harry F. Brewer, of counsel. George H. White, John J. Lupe and Donald J. DeWolfe, for appellee.
   Mr. Justice McSurely

delivered the opinion of the court.


text:
    Joseph McCarthy, appellee, v. Eleanor H. B. Meyer, appellant.
    Gen. No. 25,970.
    Action to recover for building improvements made for defendant. Judgment for plaintiff. Appeal from the Municipal Court of Chicago; the Hon. Hosea W. Wells, Judge, presiding. Heard in this court at the March term, 1920.
    Affirmed.
    Opinion filed October 11, 1920.
    Rehearing denied October 25, 1920.
    Stedman, Soelke & Johnson, for appellant. William A. Morrow, for appellee; Walter M. Fowler, of counsel.
   Mr. Justice McSurely

delivered the opinion of the court.


text:
    Nellie Huyler, appellee, v. Margaret A. Martin, trading as Martin Auto Livery, appellant.
    Gen. No. 25,991.
    Action for injuries to passenger in a taxicab driven into a snowdrift. Judgment for plaintiff. Appeal from the Circuit Court of Cook county; the Hon. Frank Johnston, Jr.,. Judge, presiding. Heard in this court at the March term, 1920.
    Affirmed.
    Opinion filed October 11, 1920.
    Leslie H. Whipp, for appellant. Harvey E. Wynekoop, for appellee; Edward Maher, of counsel.
   Mr. Justice McSurely

delivered the opinion of the court.


text:
    William Ahrens, by Henry A. Ahrens, appellee, v. Weber’s Laundry, appellant.
    Gen. No. 26,003.
    Action for injuries resulting from the bite of a dog. Judgment for plaintiff. Appeal from the Municipal Court, of Chicago; the Hon. William N. Gemmill, Judge, presiding. Heard in this court at the March term, 1920.
    Affirmed.
    Opinion filed October 11, 1920.
    Edward J. Kelley, for appellant. No appearance for appellee.
   Mr. Justice McSurely

delivered the opinion of the court.


text:
    Charles M. Poague et al., trading as McKey & Poague, appellees, v. Albert E. Cook, appellant.
    Gen. No. 26,027.
    Action to recover commissions earned in negotiating the exchange of real estate. Judgment for plaintiffs. Appeal from the Municipal Court of Chicago; the Hon. Charles A. Williams, Judge, presiding. Heard in this court at the March term, 1920.
    Reversed with findings of fact.
    Opinion filed October 11, 1920.
    Dever, J., dissenting.

      Certiorari denied by Supreme Court (making opinion final).
    Benjamin F. Rieholson, Philip L. Sullivan and Elmer M. Leesman, for appellant. Charles M. Haft, for appellees.
   Mr. Justice McSurely

delivered the opinion of the court,


text:
    Frank H. Davis, appellant, v. Theo. B. W. Zumstein, appellee.
    Gen. No. 26,042.
    Action on a promissory note. Judgment for defendant. Appeal from the Municipal Court of Chicago; the Hon. Edmund K. Jarecki, Judge, presiding. Heard in this court at the March term, 1920.
    Affirmed.
    Opinion filed October 11, 1920.
    lies, O’Connor, Eberhardt & Kesler, for appellant; Roderick H. O ’Connor, of counsel. Malato, Wolf & Love, for appellee.
   Mr. Justice McSurely

delivered the opinion of the court,


text:
    Susie McArthur, appellee, v. Chicago City Railway Company and Chicago Railways Company, impleaded with City of Chicago, appellants.
    Gen. No. 26,066.
    Action to recover for injuries to passenger by stepping into uncovered manhole when alighting from street car. Judgment for plaintiff. Appeal from the Circuit Court of Cook county; the Hon. Frank Johnston, Jr., Judge, presiding. Heard in this court at the March term, 1920.
    Affirmed.
    Opinion filed October 11, 1920.

      Certiorari denied by Supreme Court (making opinion final).
    P. L. McArdle and Watson J. Ferry, for appellants; W. W. Gurley and J. R. Guilliams, of counsel. John E. Crahen, for appellee.
   Mr. Justice McSurely

delivered the opinion of the court.


text:
    A. G. Sprecher, appellee, v. William Loeser, appellant.
    Gen. No. 26,097.
    Action of forcible detainer. Judgment for plaintiff. Appeal from the Municipal Court pf Chicago; the Hon. Arnold Heap, Judge, presiding. Heard’ in this court at the March term, 1920.
    Affirmed.
    Opinion filed October 11, 1920,
    Levisohn & Levisohn and Israel Cowen, for appellant. Fred- L. Steers, for appellee. ,
   Mr. Justice McSurely

delivered the opinion of the court.


text:
    The People of the State of Illinois, defendant in error, v. Frank Calkins, plaintiff in error.
    Gen. No. 26,125.
    Conviction on charge of contributing to delinquency of child. Error to the Superior Court of Cook county; the Hon. Robert E. Crowe, Judge, presiding. Heard in this court at the March term, 1920.
    Affirmed.
    Opinion filed October 11, 1920.
    James Hartnett, for plaintiff in error. Maelay Hoyne, for defendant in error.
   Mr. Justice McSurely

delivered the opinion of the court.


author: Mr. Presiding Justice Barnes

text:
    Samuel P. Smurr, appellee, v. John F. Kamen et al., appellants.
    Gen. No. 25,062.
    Bill for specific performance of contract to transfer stock. Decree for complainant. Appeal from the Circuit Court of Cook county; the Hon. Charles M. Walker, Judge, presiding. Heard in the Branch Appellate Court at the October term, 1919.
    Reversed and remanded with directions.
    Opinion filed October 13, 1920.
    Albert O. Olson and Ellis S. Chesbrough, for appellants; Morton T. Culver, of counsel. Orville W. Lee and M. Marso, for appellee.
   Mr. Presiding Justice Barnes

delivered the opinion of the court.


text:
    Samuel P. Smurr, appellee, v. John F. Kamen et al., appellants.
    Gen. No. 25,063.
    Bill for specific performance of contract to transfer stock. Decree for complainant. Appeal from the Circuit Court of Cook county; the Hon. Charles M. Walker, Judge, presiding. Heard in the Branch Appellate Court at the October term, 1919.
    Reversed and remanded with directions.
    Opinion filed October 13, 1920.
    Albert O. Olson and Ellis S. Chesbrough, for appellants; Morton T. Culver, of counsel. Orville W. Lee and M. Marso, for appellee.
   Mr. Presiding Justice Barnes

delivered the opinion of the court.


text:
    Samuel P. Smurr, defendant in error, v. John F. Kamen et al., plaintiffs in error.
    Gen. No. 25,064.
    Error to the Circuit Court of Cook county; the Hon. Charles M. Walker, Judge, presiding. Heard in the Branch Appellate Court at the October term, 1919.
    Reversed and remanded with directions for reasons stated in Nos. 25,062 and 25,063, ante.

    Opinion filed October 13, 1920.
    Albert O. Olson and Ellis S. Chesbrough, for plaintiffs in error; Morton T. Culver, of counsel. Orville W. Lee ánd M. Marso, for defendant in error.
   Mr. Presiding Justice Barnes

delivered the opinion of the court.


text:
    Glennie E. Murphy, appellee, v. Old Colony Life Insurance Company, appellant.
    Gen. No. 25,308.
    Action on a life insurance policy. Judgment for plaintiff. Appeal from the Municipal Court of Chicago; the Hon. Wells M. Cook, Judge, presiding. Heard in the Branch Appellate Court at the October term, 1919.
    Affirmed.
    Opinion filed October 13, 1920.

      Certiorari denied by Supreme Court (making opinion final).
    William McKinley, for appellant. Haight, Adcock, Haight & Harris, for appellee.
   Mr. Presiding Justice Barnes

delivered the opinion of the court.


text:
    Gordon Ramsay, administrator of estate of Adam Kleveczka, deceased, appellee, v. Old Colony Life Insurance Company, appellant.
    Gen. No. 25,353.
    Action on a life insurance policy. Judgment for plaintiff. Appeal from the Circuit Court of Cook county; the Hon. Jesse A. .Baldwin, Judge, presiding. Heard in the Branch Appellate Court at the October term, 1919.
    Affirmed.
    Opinion filed October 13, 1920.
    William McKinley, L. A. Stebbins and Paul E. Price, for appellant. John Cochinsky and Marshall Amberg, for appellee; W. Arnold Amberg, George W. Thoma and August R. Marx, of counsel.
   Mr. Presiding Justice Barnes

delivered the opinion of the court.


text:
    Louis C. Rollo and Charles M. Rogers, surviving partners of Rogers & Rollo, appellants, v. August W. Miller, appellee.
    Gen. No. 25,392.
    Action on an accommodation note. Judgment for defendant. Appeal from the Superior Court of Cook county; the Hon. William Fenimore Cooper, Judge, presiding. Heard in the Branch Appellate Court at the October term, 1919.
    Reversed and judgment here for $762.50, with finding of facts.
    Opinion filed October 13, 1920.
    G. A. Buresh, for appellants. Alexander J. Innes and Fred B. Silsbee, for appellee.
   Mr. Presiding Justice Barnes

delivered the opinion of the court.


text:
    Edward Meany, administrator of estate of Edmund Quarry, deceased, appellee, v. William John Daniels, appellant.
    Gen. No. 25,417.
    Action to recover damages for death caused by an assault. Judgment for plaintiff. Appeal from the Circuit Court of Cook county; the Hon. Anton T. Zeman, Judge, presiding. Heard in the Branch Appellate Court at the October term, 1919.
    Affirmed.
    Opinion filed October 13, 1920.

      Cruice & Langille; for appellant; Daniel L. Cruice, of counsel,
    Edwin A. Halligan, for appellee; Nathaniel Rubinkam, of counsel.
   Mr. Presiding Justice Barnes

delivered the opinion of the court.


text:
    Margaret M. Peterson, appellee, v. Evar F. Peterson, appellant.
    Gen. No. 25,430.
    Action for divorce on ground of extreme and repeated cruelty. Decree for complainant. Appeal from the Superior Court of Cook county; the Hon. John J. Sullivan, Judge, presiding. Heard in the Branch Appellate Court at the October term, 1919.
    Affirmed.
    Opinion filed October 13, 1920.
    Louis S. Cohn and Edwin B. Bederman, for appellant. Walter H. Eckert and Warren B. Buckley, for appellee.
   Mr. Presiding Justice Barnes

delivered the opinion of the court.


text:
    Thomas O’Brien, appellant, v. Edwin Anda, appellee.
    Gen. No. 25,448.
    Action to recover balance due on hay sold. Judgment for defendant. Appeal from the Municipal Court of Chicago; the Hon. Sheridan E. Fry, Judge, presiding. Heard in the Branch Appellate Court at the October term, 1919.
    Affirmed.
    Opinion filed October 13, 1920.
    Heffron, Perkinson & Berlet, for appellant. Edgar A. Jonas, for appellee.
   Mr. Presiding Justice Barnes

delivered the opinion of the court.


text:
    Seaman Paper Company, appellant, v. American Envelope Company, appellee.
    Gen. No. 25,482.
    Action to recover balance of contract price of paper. Judgment for defendant. Appeal from the County Court of Cook county; the Hon. J. J. Cooke, Judge, presiding. Heard in the Branch Appellate Court at the October term, 1919.
    Reversed and remanded.
    Opinion filed October 13, 1920.
    Adams, Follansbee, Hawley & Shorey, for appellant; Mitchell D. Follansbee, John E. Gavin and Fred Barth, of counsel. Harris F. Williams, for appellee.
   Mr. Presiding Justice Barnes

delivered the opinion of the court.


text:
    Gordon A. Ramsay, administrator of estate of Norman Gibson, deceased, appellee, v. Wisconsin Steel Company, appellant.
    Gen. No. 25,524.
    Action to recover for the death of an employee on a freight boat knocked into hold by hoisting bucket. Judgment for plaintiff. Appeal from the Circuit Court of Cook county; the Hon. A. D. Morgan, Judge, presiding. Heard in the Branch Appellate Court at the October term, 1919.
    Reversed with finding of fact.
    Opinion filed October 13, 1920.
    David A. Orebaugh for appellant; Edgar A. Bancroft, Samuel D. Snow and Victor A. Remy, of counsel. Thomas J. Graydon and Peden, Kahn & Murphy, for appellee.
   Mr. Presiding Justice Barnes

delivered the opinion of the court.


text:
    Arthur D. Lord, appellee, v. Stanwood, Taylor & Company, appellant.
    Gen. No. 25,597.
    Action on account stated to recover for work and services in selling a bond issue. Judgment for plaintiff. Appeal from the Circuit Court of Cook county; the Hon. Jesse A. Baldwin, Judge, presiding. Heard in the Branch Appellate Court at the October term, 1919.
    Reversed with finding of facts.
    Opinion filed October 13, 1920.

      Certiorari denied by Supreme Court (making opinion final).
    Pam & Hurd, for appellant; Burrell J. Cramer, of counsel. Winston, Strawn & Shaw, for appellee; Edward W. Everett, of counsel.
   Mr. Presiding Justice Barnes

delivered the opinion of the court.


author: Mr. Justice Gridley

text:
    Joseph B. DeLee, appellant, v. Mrs. T. J. Hyman, appellee.
    Gen. No. 25,489.
    Action to recover for medical services rendered. Judgment for defendant. Appeal from the Municipal Court of Chicago; the Hon. Leo J. Doyle, Judge, presiding. Heard in the Branch Appellate Court at the October term, 1919.
    Reversed and remanded.
    Opinion filed October 13, 1920.
    Silber, Isaacs, Silber & Woley, for appellant. Cantwell, Smith & Cantwell, for appellee.
   Mr. Justice Gridley

delivered the opinion of the court.


text:
    George Meridith, administrator of estate of Kate Meridith, deceased, appellant, v. Chicago Railways Company, appellee.
    Gen. No. 25,498.
    Action to recover for death of person struck by street ear. Judgment for defondant. Appeal from the Superior Court of Cook county; the Hon. M. L. McKinley, Judge, presiding. Heard in the Branch Appellate Court at the October term, 1919.
    Affirmed.
    Opinion filed October 13, 1920.
    William A. Sherwin, for appellant. Frank L. Kriete and William H. Symmes, for appellee; J. R. Guilliams and Joseph D. Ryan, of counsel.
   Mr. Justice Gridley

delivered the opinion of the court.


text:
    James A. Murphy, appellee, v. City of Park Ridge et al., appellants.
    Gen. No. 25,508.
    Mandamus to compel city to collect unpaid instalments of special assessments. Judgment for petitioner. Appeal from the Circuit Court of Cook county; the Hon. Frank Johnston, Jr., Judge, presiding. Heard in the Branch Appellate Court at the October term, 1919.
    Affirmed.
    Opinion filed October 13, 1920.
    Rehearing denied October 23, 1920.
    F. William Kraft, for appellants. George A. Mason, for appellee; Henry E. Mason, of counsel.
   Mr. Justice Gridley

delivered the opinion of the court.


text:
    Richard Stark, trading as Richard Stark & Son, appellee, v. Patrick Carroll, appellant.
    Gen. No. 25,514.
    Action to recover balance due under a building contract. Judgment for plaintiff. Appeal from the Municipal Court of Chicago; the Hon. Harry M. Fisher, Judge, presiding. Heard in the Branch Appellate Court at the October term, 1919.
    Affirmed.
    Opinion filed October 13, 1920.
    Thurman, Hume & Kennedy, for appellant. Michael W. Kaveney, for appellee.
   Mr. Justice Gridley

delivered the opinion of the court.


text:
    United States Coal Company, appellee, v. Board of Education of City of Chicago, appellant.
    Gen. No. 25,557.
    Action to recover purchase price of coal sold and delivered. Judgment for plaintiff. Appeal from the Circuit Court of Cook county; the Hon. E. M. Mangan, Judge, presiding. Heard in the Branch Appellate Court at the October term, 1919.
    Affirmed.
    Opinion filed October 13, 1920.
    William A. Either, for appellant; Frank.D. Ayers and Ralph W. Condee, of counsel. Burkhalter & Newfield and Edwin White Moore, for appellee.
   Mr. Justice Gridley

delivered the opinion of the court.


text:
    Arthur Buelens, appellee, v. Charles Lindberg, appellant.
    Gen. No. 25,575.
    Action to recover for plastering work done. Judgment for plaintiff. Appeal from the Superior Court of Cook county; the Hon. Joseph H. Fitch, Judge, presiding. Heard in the Branch Appellate Court at the October term, 1919.
    Affirmed.
    Opinion filed October 13, 1920.
    D. W. Parker, for appellant. Edmund W. Froehlich, for appellee.
   Mr. Justice Gridley

delivered the opinion of the court.


text:
    Rothschild & Company, appellee, v. Boston Store of Chicago. Mayo Friedberg, appellant.
    Gen. No. 25,584.
    Contempt proceeding for violating preliminary injunction. Defendant adjudged guilty. Appeal from the Circuit Court of Cook county; the Hon. Kickham Seanlan, Judge, presiding. Heard in the Branch Appellate Court at the October term, 1919.
    Reversed.
    Opinion filed October 13, 1920.
    John A. Bloomingston, for appellant. Judah, Willard, Wolf & Reichman, for appellee.
   Mr. Justice Gridley

delivered the opinion of the court


author: Mr. Justice Matchett

text:
    Ida E. Mack Barber, appellee, v. Samuel A. Tolman et al., on appeal of Samuel A. Tolman, appellant.
    Gen. No. 25,038.
    Bill for discovery and accounting of an indebtedness secured by a promissory note. Decree for complainant. Appeal from the Circuit Court of Cook county; the Hon. Thomas G. Windes, Judge, presiding. Heard in the Branch Appellate Court at the March term, 1919.
    Affirmed.
    Opinion filed October 13, 1920.
    Rehearing denied and additional opinion filed November 10, 1920.

      Certiorari denied by Supreme Court (making opinion final).
    Musgrave, Oppenheim & Lee, for appellant; John H. S. Lee, of counsel. Leslie A. Needham, for appellee. Zane, Morse & McKinney, for Charles P. Packer.
   Mr. Justice Matchett

delivered the opinion of the court.


text:
    Associated Fruit Company, appellant, v. John P. O’Brien, appellee.
    Gen. No. 25,404.
    Action to recover damages for failure to accept a carload of potatoes sold to defendant. Judgment for defendant. Appeal from the Municipal Court of Chicago; the Hon. Leo J. Doyle, Judge, presiding. Heard in the Branch Appellate Court at the October term, 1919.
    Affirmed.
    Opinion filed October 13, 1920.
    Stewart Beed Brown, for appellant. William B. O’Brien, for appellee; James C. Byrne, of counsel.
   Mr. Justice Matchett

delivered the opinion of the court.


text:
    Mary K. Carmody, by May B. Carmody, appellee, v. Hadfield Ice Cream Company, appellant.
    Gen. No. 25,420.
    Action to recover for injuries caused by collision between delivery wagons. Judgment for plaintiff. Appeal from the Circuit Court of Cook county; the Hon. Prank Johnston, Jr., Judge, presiding. Heard in the Branch Appellate Court at the October term, 1919.
    Affirmed.
    Opinion filed October 13, 1920.
    John A. Bloomingston, for appellant. H. E. Wynekoop, for appellee; Edward Maher, of counsel.
   Mr. Justice Matchett

delivered the opinion of the court.


text:
    Solomon Jesmer, appellee, v. State Commercial & Savings Bank, appellant.
    Gen. No. 25,442.
    Action to recover damages for breach of contract of employment. Judgment for plaintiff. Appeal from the Municipal Court of Chicago; the Hon. Neis A. Larson, Judge, presiding. Heard in the Branch Appellate Court at the October term, 1919.
    Reversed and remanded.
    Opinion filed October 13, 1920.
    B. M. Shaffner, for appellant. Sehoenbrod & Bosengard, for appellee.
   Mr. Justice Matchett

delivered the opinion of the court.


text:
    M. E. Old, appellee, v. S. I. Kaufman, trading as Kaufman & Company, appellant.
    Gen. No. 25,504.
    Action to recover balance of purchase price of goods sold and delivered. Judgment for plaintiff. Appeal from the Municipal Court of Chicago; the Hon. William N. Gemmill, Judge, presiding. Heard in the Branch Appellate Court at the October term, 1919.
    Affirmed.
    Opinion filed October 13, 1920.
    Harry L. Shaver and Marshall Solberg, for appellant. Osborne, Cloud & Kline, for appellee; Wilson L. Kline, of counsel.
   Mr. Justice Matchett

delivered the opinion of the court.


text:
    William J. Crook, plaintiff in error, v. Mark Levy et al., trading as Mark Levy & Brothers, and Saratoga European Hotel & Restaurant Company, defendants in error.
    Gen. No. 25,357.
    Action for the return of rent. Judgment for defendants. Error to the Municipal Court of Chicago; the Hon. John A. Mahoney, Judge, presiding. Heard in this court at the October term, 1919.
    Affirmed.
    Opinion filed November 4, 1920.
    Leslie A. Gilmore, for plaintiff in error. Musgrave, Oppenheim & Lee, for defendants in error.
   Mr. Presiding Justice Taylor

delivered the opinion of the court.