author: Mr. Justice Shurtleff

text:
    The People of the State of Illinois ex rel. Frank R. Hargrove, Plaintiff in Error, v. Helen Hargrove Slive and Mary Alumbaugh, Defendants in Error.
    Gen. No. 8,206.

      Opinion filed July 2, 1928.
    Graham & Dysert, for plaintiff in error.
    Robert R. Bookwalter and W. J. Bookwalter, for defendants in error.
   Mr. Justice Shurtleff

delivered the opinion of the court.

This proceeding is brought to recover the possession and custody of Marion Rutledge Hargrove, a son of relator and Helen Hargrove Slive, eight years of age, now living with his mother. Relator and Helen Hargrove Slive, then Helen Hargrove, were married in the State of Montana on April 17,1919, while both of said parties were living in said State. The child, Marion Rutledge Hargrove, was born on February 4, 1920, while his parents were living on a ranch in Montana. The parents continued to live together as husband and wife on said ranch until December 1,1921, when, upon relator returning to his home it is claimed that he found his wife Helen Hargrove, in the act of committing adultery in his home with one Robert Day (alias McNary), recently employed farm hand, who had come from the penitentiary at Deer Lodge, Montana. Relator testified that his wife admitted having committed adultery with other men, whereupon all of the parties — relator, the said wife, Day, the father of relator — on the next morning repaired to the Sales-ville State Bank near their home, and in the presence of Frank Stone, vice president of the bank, Day and Helen Hargrove confessed their wrong and signed the following statement and agreement:

Salesville, Montana, December 2nd, 1921.
This agreement is entered into the above day and date by and between Frank B. Hargrove, Helen Hargrove and Bobert Day.
“Witnesseth:
“That Helen Hargrove hereby agrees to release all claim to the baby, Butledge Marion Hargrove, and also all claim, interest and title to any property, Beal, Personal, or otherwise standing in the name of Frank B. Hargrove, and further agrees to ask for no alimony, or other consideration from said Frank B. Hargrove. This agreement is also an acknowledgement that the said Helen Hargrove and Bobert Day, were found by Frank Hargrove while having sexual intercourse, on the first day of December, 1921. It is further agreed that Frank B. Hargrove shall ask for no further consideration, than above stated and shall bring no criminal action against the said Bobert Day.
Mrs. Helen Hargrove, Bobert Day, Frank B. Hargrove.
B. Hargrove,
F. L. Stone. — Witness.”

At this time relator and the said defendant in error separated, but some time before April 3, 1922, defendant in error returned to the ranch and she testifies that the marital relation was resumed, while relator testifies that she returned and they lived in the same house but that the marital relation was not resumed. However, on April 3, 1922, there followed a final separation and the parties entered into a written agreement, in said State of Montana, as follows:

“Agreement of Separation Between Husband and Wife.
“This agreement, made and entered into this 3rd day of April, A. D. 1922, by and between Frank B. Hargrove, of Gallatin County, Montana, the party of the first part, and Helen Hargrove' (wife of said first party), of the same place, the party of the second part, WlTHESSETH :
“That, whereas, although the said first party has urged the said second party to remain in his home and continue the married relations existing heretofore between the parties hereto, and especially for the sake of their minor son Eutledge Hargrove, age 2 years, the said second party has decided and announced the marriage relations between her and the said first party entirely and absolutely unreasonable and intolerable to her; and
“Whereas, a divorce action started by the said second party against the said first party on the grounds of extreme cruelty, in the District Court of the Ninth Judicial District of the State of Montana, in and for the County of Gallatin was dismissed, on January 11th, 1922, with a hope that said parties might be able to live together as husband and wife; and
“Whereas, said parties have come to a realization that said second party can never live happily or have any peace of mind with the said first party as his wife;
“Whereas, the. estrangement between said parties has become so great as to defeat the proper and legitimate objects of the marriage relations between the parties, and rendered such relations wholly and entirely unreasonable and intolerable to both parties;
“Now, therefore, without any intent or view of securing a divorce upon the part of either of said parties, they have agreed upon and do hereby agree to an immediate and permanent separation, upon the following terms and conditions:
“That for and- in consideration of the foregoing premises, and the sum of One Hundred and Fifty Dollars ($150.00), paid by the said first party to the said second party, upon the signing and delivery of this agreement between the parties, the receipt of which payment is hereby acknowledged by the said second party, the said parties mutually agree to an immediate, absolute and permanent separation between them as husband and wife, and that for the rest of natural life they will live separate and apart from each other; and that they do hereby, so far as law and public policy permits them to do so, renounce and surrender each to the other all and every of their respective marriage rights.
“That it is mutually understood and agreed that the said second party shall have the immediate care and custody of their said minor son, Rutledge Hargrove until said child shall attain the age of four years, which will be on February 4th, 1924, and that upon said last mentioned date, said first party shall have the full care and custody of said son for a like period of two" years from and after February 4th, 1924; and that the care and custody of said son, Rutledge Hargrove, may be alternated, each party having his care and custody for periods of two years at a time, until said child attains such age as to choose between the parties hereto with whom he shall live permanently and his wishes shall rule in such matter. And that it is mutually agreed and understood by and between the parties hereto that either party having "the care and custody of said son must furnish him with proper and wholesome surroundings and good influences; and that either party hereto shall have the right and privilege to see and visit said son at any and all reasonable times even when he is in the care of the other party. And that said first party agrees and promises to furnish said son with any and all necessary clothing even when in the care and custody of the said second party, and to pay for his schooling when he arrives at school age.
“That said second party hereby releases said first party from any liability for any and all of her debts hereafter contracted, and releases and waives any and all possible claims she might have now or at any time in the future for alimony,, attorneys’ fees or costs in case any action may, at any time in the future he started by either of said party for a divorce; and said second party also hereby waives and releases any and all property rights, interests and claims she may have now or might have in the future in and to all property both real and personal, that the said first party may liow own, or which he may hereafter acquire, in any manner.
“That, at any time, when either of the parties hereto may have the care and custody of said minor son, if the other party finds that said child is not being properly treated and cared for, or that he has been placed and is being kept in improper environment, or surroundings, the party not having the care and custody of said child may demand possession of him and take him from the care and custody in which he may then be; and, if either party hereto proves unworthy or unfit for the care and custody of said child, the other party shall have full and entire control and custody of the said son from then on.
“In witness whereof, the said parties have hereunto set their hands and seals, at Bozeman, Montana, this 3rd day of April, A. D. 1922.
Frank B. Hargrove, (Seal)
Helen Hargrove, (Seal)
State of Montana,
County of Gallatin. — ss.
“On this 3rd day of April, in the year One Thousand Nine Hundred and Twenty-Two, before me, M. B. Wilson, a Notary Public for the State of Montana, personally appeared Frank B. Hargrove and Helen Hargrove, known to me to be the persons whose names are subscribed to the within the foregoing instrument and acknowledged to me that they executed the same.
“In Witness Whereof, I have hereunto set my hand and affixed my Notarial Seal, the day and year last above written.
M. B. Wilson,
Notary Public for the State of Montana,
(Seal) Residing at Bozeman, Montana.
My commissi mi expires April 22, 1922.”

The testimony of defendant in error, Helen Hargrove Slive, shows that on April 4th, the next day after she signed the contract, she went to Bozeman and consulted a lawyer, M. R. Wilson, who advised her: “Before Frank changes his mind and makes you stay in Montana with this baby you take this opportunity and go your sister’s where you have a home.” She states that on April 7, 1922, she was in Danville, this State.

Defendant in error further testified: “I took the child out of the State (Montana); that is what Mr. Wilson told me to do — the best thing — before Mr. Hargrove compelled me to stay in Montana with him. Wilson drew the contract between both of us; it was agreed between us that we should separate in that way. He was my lawyer that tried to get my divorce; have kept the child back here will be six years this coming April. I intend to keep it all the rest of the time. I knew at the end of two years I should turn the child back to his father,.but he never supported him the first two years I had him and why should I turn him over. I never wanted him to have the boy. I went to see Judge Graham as quick as I came back here before the end of two years. I went to' see if the father could come and get him.”

Relator testifies that the child was taken from Montana clandestinely and for years he did not know where he was; that he made a trip to the State of Oregon searching for the child and that since hearing that the child was in Danville he has forwarded clothes and presents. The record is bare as to any divorce proceedings between the parties, but it is evident that they are divorced and have both remarried. Relator remarried over three years ago. He has a wife who is willing and anxious to make a home for the child. They live in a considerable sized town in a western state very near to a large and efficient school. Relator is the owner and operator of a ranch, has a large stock and for the state and times is in affluent circumstances. Relator also has a son by his second wife who is now about two years of age. Defendant in error Helen Hargrove Slive has also remarried and has two children by the second marriage. Her husband is a coal miner at Georgetown in Vermilion county, and the testimony is that he supports his family in a comfortable way.

There was testimony tending to show that defendant in error Mary Alumbaugh, sister of Mrs. Slive, where the child was found and with whom it had lived at various times, was a boisterous woman, using foul language and not a fit person to have the custody or companionship of the child. Relator testified that when he went to her home with another party to see the child, she said, “To hell with deputy sheriffs,” and that when the child commenced to cry she said, “Shut up, you little son of a bitch.” These statements she denies but it is apparent that a portion of her neighbors gave her a wide berth. One, Fred Short, living in Georgetown, 27 years of age, knew both of the defendants in error and had seen Helen Slive “down town with many women and with a woman whom I caught in bed with another man; saw her running around with this woman on the streets once or twice.” He testified that he did not know Helen Slive’s reputation for chastity but for some reason the court refused to permit the witness to state if he knew the reputation of the other woman for chastity. Defendant in error Helen Hargrove Slive denied that she ever committed adultery with Day or with any other person, and explains that she signed the agreements because relator had a gun and compelled her to sign the instruments. Her testimony in that respect does not impress this court as it did not impress the circuit court of Vermilion county. That court, after hearing all of the testimony, in a statement of record found all of the substantial facts in the case as follows:

“Opinion and Judgment of the Court
‘ ‘ This is a hard proposition, it is just about as hard to do right between these parties as anything I have ever tried to do. I am inclined to think that both of these parties are vitally interested in the welfare of this child. Whatever else may be true, I don’t think their interest in this,child can be questioned, either one of them. I think the mother loves the child and would do anything on earth she could for his welfare. And I think the father would do the same thing. Don’t either one impress me as being bad people. I believe in the main the father has been honest. He had a very frank way of expressing himself and he has been asked a good many questions a man disposed to lie would deny them, he told you of the facts very frankly. That meant a good deal to this court. I don’t know anything about their trouble, I am not deciding the merits of that in this controversy at all. If these parties both lived here where they could continue in the jurisdiction of this court it wouldn’t be very hard to decide this question.
“They decided the question perhaps as fairly as it ever could have been decided that one time. They would both have been better off if they kept their contract. But that does not help this situation any. If I could send the boy with the father, the mother has had him for a long while, if I could send him with the father and bring him back here when the time is up, I would be glad to do it. I think the father is entitled to the custody of this child.for a while. I think he would take care of him, and is entitled to get acquainted with his own child. Of course, his child don’t want to live with him now, don’t know anything about him, never had a chance to know anything about him, was small when he left him. And, of course, on the other hand the mother has had the custody of the child, the child knows her, she is attached to it. The child undoubtedly has a good home now, they are doing well by him, he is getting a father’s attention, no doubt about that. Anybody can tell by looking at the child he is not neglected. Mr. Hargrove, if I send this boy out to you next summer, would you let him come back here during the school time?
“Mr. Hargrove. I will do that, if you make the arrangements, but I would rather take him there and send him to school there.
“The Court. Mrs. Hargrove,owould you be willing for the boy to go to his father during the summer time and then come back here for school, let’s see that would be — when does school let out?
“Mrs. Alumbaugh. It lets out about the 8th or 10th of June.
“The Court. Say about the, 10th of June and then come back here when school starts and spend the school term with you. When does school start?
“Mrs. Alumbaugh. About the 7th of September.
“The Court. That would be about' three months, would you be willing for that to be done; Mrs. Hargrove?
“Mrs. Hargrove. I don’t know, I don’t know that he would bring him back. He would get him out there and keep him.
"The Court. Mr.' Hargrove, will you be willing to promise this court that you will bring the child back here to his mother if I turn him over to you during the summer?
“Mr. Hargrove. It would be pretty expensive on me and also in September is when I am awfully busy getting my hay and in June I am awfully busy getting in a crop. I don’t see how I could spare the time at that time of the year to come all the way out here and also the expense. I would rather have him with me all the time. I don’t see how I can do it.
“The Court. All right, if that is the way you feel. Custody of the child awarded to the mother until the further order of this court. ’ ’

To which ruling and judgment relator excepted and has brought the record to this court by writ of error, for review.

We have examined the testimony and are satisfied with the finding of the court that each of the parents have great love and affection for the child and would do anything for it and are vitally interested in its welfare, and are fit and proper persons to have the care and custody of the child. We are further in accord with the court’s finding that the contract between the parties, as set out, was fairly made and as fair and just a settlement between husband and wife as could have been made at the time the contract was entered into. We are further in accord with the. finding of the court that the father is entitled to the custody of the child for a season, under the terms of the contract ; that he would take care of him and that the father is entitled to get acquainted with his own child. The further finding of the court: “Of course, his child don’t want to live with him now, don’t know anything about him, never had a chance to know anything about him, was small when he left him,” is not a finding of anything bearing upon the best interests of the child, and the finding of the court that the boy is now getting a father’s care is not in any respect supported by the proofs. The roof under which the child lives will naturally be given for Slive’s children. The real holding of the circuit court of Vermilion county is that the contract entered into in Montana, between relator and defendant in error, was fair, equitable and for the best interest of the child and should be carried out. There is no finding, under the proofs, that it is not for the best interest of the child to carry out the terms of the contract, unless the immediate, childish impulses of Marion Rutledge Hargrove, now eight years of age, are to dictate what is for his best good.

The writ of “Habeas Corpus is a legal and not an equitable remedy. This is true even when the writ is used to determine the custody of infants, although in such cases it has been held to be an equitable remedy, and a court of equity in exercising its jurisdiction over infants may issue and use the writ as. ancillary process.” 29 C. Juris, 9.

A court of equity has original jurisdiction to determine the custody of a child where no other questions are involved. Cowls v. Cowls, 3 Gtilm. (8 Ill.) 435; People ex rel. Crofts v. Wait, 243 Ill. App. 367, 372, and equity may afford a more equitable remedy. People ex rel. Crofts v. Wait, supra.

In the case at bar many questions are raised which are the same as the questions raised in People ex rel. Crofts v. Wait, supra, and in that case the court held:

“While in the instant case the primary question is, Is it for the best interests of the child that his custody be given to the mother? Yet, obviously this is not the sole question, but the court on the hearing should take into consideration the fact that the Ohio court granted the father of the child the divorce on account of the fault of the mother and gave him the custody of the child for 10 months of each calendar year, granting the mother the right to have the child for two months of each year upon a proper showing; and that the father has taken care of the child since the child was about two years old. These and other matters as may be disclosed by the evidence will be important in determining whether the custody of the child should be changed.”

Under the laws of this State the parents of a minor child have equal powers, rights and duties concerning the minor. Section 4, chapter 64, Revised Statutes, Cahill’s St. ch. 64, ft 4. Subject to this statute, it has been held that the father is entitled to the custody, care, control and education of his son. “He is its father and has the natural right to have such custody. * * * As father of the child he has the right to its custody as against the world, because there is no showing that he has forfeited such natural right. Sullivan v. People, 224 Ill. 468; Cormack v. Marshall, 211 id. 519; People v. Turner, 55 id. 280.” Stafford v. Stafford, 299 Ill. 438, 448.

Some testimony was introduced on the trial of the cause by defendant in error Helen Hargrove Slive tending to impeach the validity of the contract entered into between the parties in Montana, on April 3, 1922. This was a solemn contract, under seal, importing a good and valid consideration both in a financial way and touching the best interests of the minor child. The parties have since been divorced, and the integrity of this contract not interfered with. We must conclude, nothing to the contrary being shown, that either the decree ratified the provisions of the contract, or that by common consent its admissions and solemn provisions were to remain binding upon the parties. In any event, this being a suit at law, the integrity of the contract cannot be impeached in this suit. Knobloch v. Mueller, 123 Ill. 554, 566; Krieger v. Krieger, 221 Ill. 479, 485; Hohenadel v. Steele, 237 Ill. 229, 234.

The effect of the contract is that defendant in error Helen Hargrove Slive surrendered in part her parental right to the custody of the child to conform to the terms of said contract. Hohenadel v. Steele, supra. The situs of this marriage, contract and divorce was in the State of Montana. Defendant in error Helen Hargrove Slive, to defeat the terms of the contract, surreptitiously removed the child to the State of Illinois, and under all the proofs is entitled to no equities in the subject matter, which are not strictly in conformity with the contract. While relator, by the terms of the contract, could not absolve himself from his parental duties, and is held by defendants in error liable to the support of the child, he is also entitled to his natural rights, and, so far as defendants in error are concerned, to the custody of the child in accordance with the terms of the contract. It only remains to consider the best interests of the child. The judgment in the case at bar finds that relator has no rights of any kind to the minor, Marion Rutledge Hargrove. This was error. The substance of the finding of the court is that relator is a fit and proper person to have the custody of the child and that it is for the best interests of the child that the terms of the contract be carried out, except that the schooling of the child should not be interfered with during the school year. The custody of the child is then awarded to defendant in error, the mother. This was error. The award evidently grew out of a colloquy between the court and relator, as recited. Relator, after stating that he would follow arrangements suggested by the court, merely suggested the burden that certain suggestions would impose upon him, which seemed unreasonable, and the court thereupon entered judgment denying all the relator’s rights. This was error. Relator has the same rights in the courts of Illinois as any other citizen, regardless of his residence in the State of Montana, and should not be subjected to any unreasonable burdens. People ex rel. Schutt v. Siems, 198 Ill. App. 342; Stafford v. Stafford, 299 Ill. 438, 451.

Objection is made by defendant in error, the mother, to the removal of the child from the State of Illinois and the jurisdiction of its courts. In a proper case, in accordance with the rule laid down in Miner v. Miner, 11 Ill. 43, and Alford v. Bennett, 279 Ill. 375, the objection could be properly urged, but the rule does not apply to the facts in this case. Under the terms of the contract, the residence of the minor, Marion Rutledge Hargrove, is in the State of Montana where he was born, in so far as all rights of the relator is concerned, and there is no more ground for invoking the rule in this case than there was in Stafford v. Stafford, supra. Especially is this true inasmuch as the defendant in error illegally and surreptitiously attempted to change the residence of said child by bringing it into the State of Illinois. Any order entered in that behalf should be an order providing that security be given for the carrying out of the contract. It should apply to both parties alike and should be reasonable and within their respective abilities to perform, and not result in hardship. No order should be entered that effects a change in the custody of the child prior to the expiration of the school year in June, 1928. As to the wish of the minor, the rule should be followed in this case the same as in Stafford v. Stafford, supra, where the court said:

“In a very doubtful ease the wish of the child is to be considered and given weight, but we do not think that the wish of the child in this case should have any great weight in determining the question of custody. ’ ’

The judgment of • the circuit court of Vermilion county is therefore reversed and the cause remanded with directions to enter a judgment, granting the prayer of relator’s petition in accordance with the views expressed in this opinion.

Reversed and remanded with directions.


source: Caselaw Access Project

license: Public Domain

text:
    William Gillum, Administrator of the Estate of Truman Gillum, Deceased, Appellee, v. Central Illinois Public Service Company, Appellant.
    Gen. No. 8,212.
    Opinion filed July 2, 1928.
    James Vause, Jr., and Carl D. Kiger, for appellant; J. I. Dilsaver, of counsel.
    Donald B. Craig, James W. Craig, Jr., Fred H. Kelly and James Craig Van Meter, for appellee.
   Mr. Justice Shurtleff

delivered the opinion of the court.

Appellee brought suit against appellant in trespass on the case to recover damages for the wrongful death of Truman Grillum, the minor son of appellee, who was 16 years of age when he was killed. Truman Gillum’s death resulted from appellant’s servant striking and running over him with a street car belonging to appellant.

There were various counts in the declaration charging negligence, and the fifth count charged that appellant’s servant wilfully and wantonly ran the said electric car against and struck appellee’s intestate from the results of which he died.

This cause was tried at the January term, A. D. 1928, of the circuit court of Coles county. The jury, in answer to a special interrogatory submitted by appellant, specifically found that appellant was guilty of wilful and wanton negligence as charged, and rendered a verdict for $5,000 in favor of appellee. No exception was taken as to the form of the fifth count or the verdict responding to the special interrogatory.

This cause was originally brought to the April term of said court, A. D. 1926, and there was a trial at said term resulting in a verdict and judgment in favor of appellant. Upon that (the first trial), at the close of all the testimony, the court directed the jury to find appellant not guilty as to the fifth count in the declaration which charged wilfulness and wantonness. The jury then found appellant not guilty as to the counts in the declaration charging negligence. Motion for new trial in the circuit court of Coles county being overruled, judgment was entered against appellee in that court, and the case brought to this court, by appellee, for review. At the October term, A. D. 1927, of this court, we rendered an opinion reversing and remanding said cause (Gillum v. Central Illinois Public Service Co., 246 Ill. App. 635) and holding that the trial court erred, among other things, in directing a verdict for appellant as to said fifth count of the declaration, and in that opinion this court said: is sufficient to call attention to the fact, that there is evidence in the record to show that E Street is a public street; and a public crossing; and that men, women and children use this crossing frequently; also, that the view of pedestrians is somewhat obstructed in the direction from which the car in question was approaching; also that the street car which caused the death of the deceased was approaching this crossing at a very rapid rate of speed; and that the evidence tended to show, that at the time of its rapid approach, the motorman operating the car in the manner indicated was not keeping a lookout for pedestrians who might be going over the track at the crossing; but was looking in another direction and apparently giving his attention to an engine and freight cars which were moving on railroad tracks near by the place of the injury. Whether this evidence was sufficient to sustain the charge of wilfulness or reckless disregard of life, or persons, or property embodied in the fifth count, or . sufficient to show a conscious indifference to life, persons or property, was a question of fact and therefore for the jury to determine. In directing the verdict of not guilty under this count, the. court determined, that the evidence was insufficient, which was a question for the jury. McGregor v. Reid, Murdoch & Co., 178 Ill. 464; Libby, McNeill & Libby v. Cook, 222 Ill. 206; Kajnick v. Village of Divernon, 244 Ill. App. 7.”

“In reference to the direction of the verdict of not guilty under the fifth count, which charges wilfulness in causing the injury and death of the deceased, it

There was a general verdict against appellant in the sum of $5,000, as stated, and upon motion for new trial being overruled, judgment was entered against appellant and the cause is again brought to this court for review.

On this appeal appellant distinctly states: “No complaint is made on the giving or refusing of instructions, by .the trial court or on the admission or rejection of evidence, but a reversal is sought on the ground that the evidence wholly fails to show that plaintiff’s intestate exercised any care whatever for his own safety and that the evidence is insufficient to sustain the charge made in the fifth count that the defendant was guilty of wilful and wanton negligence.” Appellant, therefore, has waived all other errors assigned upon appeal. Pearce v. Miller, 201 Ill. 188, 189. It is not contended but that the trial in the court below was conducted upon the same pleadings and that substantially the same evidence was before the court as the pleadings and evidence upon the former trial— Gillum v. Central Illinois Public Service Co., supra. Upon the trial in the court below, at the close of appellee’s evidence and again at the close of all the evidence, appellant,' by proper motions and instructions generally and specially as to each count in the declaration, moved for an instructed verdict, all of which motions were denied and proper exceptions taken. Appellant and appellee have each devoted a considerable space in their respective briefs to the question whether appellee’s testimony shows any proofs that the intestate was in the exercise of due care and caution for his own safety, at the time of the injury in question. If the merits of the controversy were dependent upon the solution of this question, we should go fully into the testimony covering the same. However, if the judgment can be sustained upon the fifth count in the declaration and the finding of the jury upon the special interrogatory, the question becomes purely academic and any contributory negligence on the part of deceased would not relieve appellant from liability. (Walldren Express & Van Co. v. Krug, 291 Ill. 472, 476; Heidenreich v. Bremner, 260 Ill. 439.)

Appellant contends that the testimony wholly fails to show a wilful and wanton injury, while it is appellee’s contention, under the record in this cause, that the opinion rendered by this court, when this cause was before it on the former appeal, is res adjudicata upon that question, and appellee’s contention seems to be supported by former decisions of this court and a long line of authorities in the Supreme and Appellate Courts. (Conner v. Conner, 163 Ill. App. 436, 437; Hollowbush v. McConnel, 12 Ill. 203, 204; Gillespie v. Fulton Oil & Gas Co., 244 Ill. 9, 13; People v. Drainage Com’rs of Union Dist. No. 1 of Towns of Pana and Assumption, 282 Ill. 514, 517; People v. Young, 309 Ill. 27, 30; Hall v. Chicago & A. R. Co., 208 Ill. App. 102, 103; Elzy v. First Nat. Bank of Findlay, 201 Ill. App. 48.)

In Cornier v. Conner, supra, this court said: “The opinion and judgment of this court on the former appeal were not only binding upon the circuit court to which the cause was remanded for further proceedings not inconsistent with the views therein expressed, but bind this court upon this appeal. Leeds v. Townsend, 124 Ill. App. 582; Christensen et al. v. The People, 114 Ill. App. 40; Leroy Payne Co. v. Van Evra, 94 Ill. App. 356; Murphy v. Murphy, 93 Ill. App. 671; Davis v. Munie, 140 Ill. App. 171; Wilson v. Carlinville National Bank, 87 Ill. App. 364. In the case last cited the court says: ‘Under the provisions of the Appellate Court Act the previous opinion filed in this cause is of binding authority herein, and however much disposed we might be to reconsider the reasons of the court for its decision expressed in that opinion, we have no right to do so. Such a practice would produce judicial chaos. ’ ”

In the early case of Hollowbush v. McConnel, supra, . the Supreme Court held:

“Both these questions were substantially settled when the case was here before. The first one was the very point then decided, and the Court has now no power, if it had the inclination, to reverse that decision. There is no mode provided by law, except it be upon a rehearing, whereby the final decision of a case in this Court can be reversed or set aside at a subsequent term.
“There must be an end of litigation somewhere, and there would be none if parties were at liberty, after a case had received the final determination of the Court of last resort, to litigate the same matter anew, and bring it again and again before the Court for its decision. Washington Bridge v. Stewart, 3 Howard, 413; Booth v. Commonwealth, 7 Metc., 286.”

In People v. Drainage Com’rs of Union Dist. No. 1 of Towns of Pana and Assumption, supra,, the court affirmed the rule, holding: ‘ The evidence then in the record did not show such connection and the cause was remanded for another trial, at which both parties were permitted to produce further evidence. In such a case, if there is no additional evidence changing the former conclusion, a party cannot have a review, by another appeal, of the questions first decided, and on the second trial the rule of law declared is binding and becomes the law of the case. Rising v. Carr, 70 Ill. 596; Hough v. Harvey, 84 id. 308; Champaign County v. Reed, 106 id. 389; Newberry v. Blatchford, id. 584; Tucker v. People, 122 id. 583; Smyth v. Neff, 123 id. 310; Village of Brooklyn v. Orthwein, 140 id. 620; City of Chicago v. Lord, 279 id. 167.”

Finally, the Supreme Court said, in People v. Young, supra:

“Where a cause is brought to this court and considered, its judgment as to all the points and questions presented and decided will forever conclude the parties, and if the cause is again brought before the court for review such questions cannot be re-considered and they will not be open for discussion. Cases cannot be brought to this court and considered in fragments, and the court does not revise, review or change its decisions except in accordance with the rules and practice, which only permit such review upon a petition for rehearing. On the former appeal a petition for rehearing was presented and denied, and the law, including the construction of the command of the constitution that a school district shall be of such a character that all children within the district may have the benefit of the school and receive a good common school education, was settled and finally determined. (Hollowbush v. McConnel, 12 Ill. 203; Rising v. Carr, 70 id. 596; Smith v. Brittenham, 94 id. 624; Hough v. Harvey, 84 id. 308; Moshier v. Norton, 100 id. 63; Newberry v. Blatchford, 106 id. 584; Tucker v. People, 122 id. 583; Smyth v. Neff, 123 id. 310; Chicago Theological Seminary v. People, 189 id. 439; City of Chicago v. Lord, 279 id. 167; People v. Drainage Com’rs, 282 id. 514; 2 R. C. L. 223.)”

Therefore, it is the opinion of this court that it has already adjudicated, on the former appeal, the identical question that is now before us and has decided that the evidence submitted was sufficient on the question of a wilful and wanton injury to submit to a jury, and that it was a question of fact to be determined by a jury. The jury, therefore, having determined that question, without any intervening error, this court is now powerless, under the authorities, to modify or change its former holding even if it were disposed so to do. It was a determination of law, as applied to the facts submitted. The same facts are again submitted, but it is urged that the Supreme Court in Morgan v. New York Cent. R. Co., 327 Ill. 339, 343, since the opinion in Gillum v. Central Illinois Public Service Co., supra, was handed down by this court, has, for the first time, announced the law to be that the testimony of witnesses that they did not “hear” any signals given by an approaching car or train does not contradict the positive testimony of other witnesses that signals were given, nor does such negative- testimony present any issue of fact for the consideration of a jury, and that this rule applied to the facts in the case at bar would lead to a modification or reversal of our former holding. If the rule as laid down in Morgan v. New York Cent. R. Co., supra, and applicable to the facts in that case, should be construed as applicable to the facts in the case at bar and warrant a reversal of our former holding, upon which question we express no opinion, still, under the decisions cited it would indicate an error of law in our former conclusion which this court is now powerless to correct.

Finding no error in the record, the judgment of the circuit court of Coles county is affirmed.

Affirmed.


author: Mr. Presiding Justice Holdom

text:
    First District.
    Courtenay Barber, appellee, v. Kingsley-Miller Company, appellant.
    Gen. No. 32,192.
    Opinion filed October 3, 1928.
    Rehearing denied October 16, 1928.
    Zane, Morse & Norman, for appellant; Walter Wm. Pearson, of counsel. Montgomery, Hart & Smith, for appellee; Louis E. Hart and Paul O’Donnell, of counsel.
   Mr. Presiding Justice Holdom

delivered the opinion of the court.


text:
    Courtenay Barber, appellee, v. Kingsley-Miller Company, appellant.
    Gen. No. 32,341.
    Opinion filed October 3, 1928.
    Rehearing denied October 16, 1928.
    Zane, Morse & Norman, for appellant; Walter Wm. Pearson, of counsel. Montgomery, Hart & Smith, for appellee; Louis E. Hart and Paul O’Donnell, of counsel.
   Mr. Presiding Justice Holdom

delivered the opinion of the court.


text:
    Zemon Construction Company, Inc., appellant, v. Walter J. Witzke, appellee.
    Gen. No. 32,604.
    Opinion filed October 3, 1928.
    Maurice A. Barancik, for appellant; L. L. Richmond, of counsel. Herman R. Gore, for appellee.
   Mr. Presiding Justice Holdom

delivered the opinion of the court.


text:
    Ida L. Sandberg, appellant, v. Eva Hamilton et al., appellees.
    Gen. No. 32,632.

      Opinion filed October 3, 1928.
    Rehearing denied October 16, 1928.
    Stedman, Dingle & Leitch, for appellant; Frank E. Dingle, of counsel. Samuel A. Ettelson, Corporation Counsel, for certain appellees; Frank J. Corr, Assistant Corporation Counsel, of counsel. Lucius, Buehler & Lucius, for Axel E. Magnuson, appellee; Ernst Buehler, of counsel.
   Mr. Presiding Justice Holdom

delivered the opinion of the court.


text:
    Rae Needleman, appellee, v. Chicago Railways Company et al., appellants.
    Gen. No. 32,653.
    Opinion filed October 3, 1928.
    Rehearing denied October 16, 1928.
    George W. Miller and Arthur J. Donovan, for appellants; Frank L. Kriete and Charles C. Cunningham, of counsel. Soelke, Koehn & Loewy, for appellee.
   Mr. Presiding Justice Holdom

delivered the opinion of the court.


text:
    Saul H. Groner, appellee, v. James J. Catsaros and James W. Darras, defendants, on appeal of James W. Darras, appellant.
    Gen. No. 32,683.
    Opinion filed October 3, 1928.
    Litsinger, Healy & Reid, for appellant. Teller, Levit, Silvertrust & Levi, for appellee.
   Mr. Presiding Justice Holdom

delivered the opinion of the court.


text:
    Amy C. Parker, appellant, v. G. Frank Croissant and Union Bank of Chicago, appellees.
    Gen. No. 32,695.
    Opinion filed October 3, 1928.
    Hauze & Hauze, for appellant. Kirkland, Fleming, Green & Martin, for appellee Union Bank of Chicago; Robert N. Golding, of counsel.
   Mr. Presiding Justice Holdom

delivered the opinion of the court.


text:
    Pauline Porter White, appellant, v. Ella Joyce White et al., appellees.
    Gen. No. 32,704.

      Opinion filed October 3, 1928.
    Rehearing denied October 16, 1928.
    Oliver J. Cook, for appellant. No appearance for appellees.
   Mr. Presiding Justice Holdom

delivered the opinion of the court.


text:
    Maximilian St. George, appellee, v. Louis Narowetz et al., appellants.
    Gen. No. 32,711.
    Opinion filed October 3, 1928.
    Rehearing denied October 16, 1928.
    Ben M. Smith, for appellants. Royal W. Irwin, for appellee.
   Mr. Presiding Justice Holdom

delivered the opinion of the court.


text:
    William Lewis, appellee, v. Jacob Sherman and Norman A. Goldberg, trading as S. Sherman, appellants.
    Gen. No. 32,713.
    Opinion filed October 3, 1928.
    Frank T. McDermott, for appellant Norman A. Goldberg. No appearance for appellee.
   Mr. Presiding Justice Holdom

delivered the opinion of the court.


text:
    Mack International Motor Truck Corporation, appellant, v. Robert Volk, appellee.
    Gen. No. 32,720.
    Opinion filed October 3, 1928.
    Freeman, Mason, Igoe & Flaherty, for appellant. Vail, Roe & Plamondon, for appellee.
   Mr. Presiding Justice Holdom

delivered the opinion of the court.


author: Mr. Justice Taylor

text:
    Broadview Building Corporation, appellant, v. Morris Ehrlich, appellee.
    Gen. No. 32,232.
    Opinion filed October 3, 1928.
    Rehearing denied October 19, 1928.
    Rathje, Wesemann, Hinckley & Barnard, for appellant. Haffenberg, Kopald & Burns, for appellee.
   Mr. Justice Taylor

delivered the opinion of the court.


text:
    Central States General Electric Supply Company, appellee, v. Louis A. Mandel, trading as Standard Hardware Store, appellant.
    Gen. No. 32,467.
    Opinion filed October 3, 1928.
    Rehearing denied October 19, 1928.
    John E. Owens, for appellant. No appearance for appellee.
   Mr. Justice Taylor

delivered the opinion of the court.


text:
    Immel State Bank, plaintiff in error, v. Aetna Furniture Company et al., defendants in error.
    Gen. No. 32,489.
    Opinion filed October 3, 1928.
    William Schulze, for plaintiff in error. Webster & Molmgren, for defendants in error; Daniel Webster, of counsel.
   Mr. Justice Taylor

delivered the opinion of the court.


text:
    City of Chicago, appellee, v. Vera Dobrow, appellant.
    Gen. No. 32,506.
    Opinion filed October 3, 1928.
    Abrams & Sonnenschein, for appellant. No appearance for appellee.
   Mr. Justice Taylor

delivered the opinion of the court.


text:
    William Suchier, appellee, v. Clarice Du Sold, appellant.
    Gen. No. 32,526.
    Opinion filed October 3, 1928.
    George C. Bliss, for appellant; Abraham Lepine, of counsel. Thomas H. Riley, for appellee.
   Mr. Justice Taylor

delivered the opinion of the court.


text:
    Abe Ross, appellee, v. Hensel-Coffman Company and J. Preston Scott, appellants.
    Gen. No. 32,537.
    Opinion filed October 3, 1928.
    I. J. Berkson, for appellants; Austin L. Wyman, of counsel. Louis T. Herzon, for appellee.
   Mr. Justice Taylor

delivered the opinion of the court.


author: Mr. Justice Wilson

text:
    Isaac B. Abraham, plaintiff in error, v. Thomas E. Wilson & Company and Illinois Publishing & Printing Company, defendants in error.
    Gen. No. 32,589.
    Opinion filed October 3, 1928.
    D. W. Elliott, for plaintiff in error. William R. Brown, James D. Cooney and Clifford G. Roe, for defendant in error Thomas E. Wilson & Company.
   Mr. Justice Wilson

delivered the opinion of the court.


text:
    J. C. Levin, trading as J. C. Levin & Company, appellee, v. A. L. Feldman et al., trading as Feldman Brothers, appellants.
    Gen. No. 32,645.
    Opinion filed October 3, 1928.
    William Feldman, for appellants. Adler, Lederer & Kahn, for appellee.
   Mr. Justice Wilson

delivered the opinion of the court.


author: Mr, Justice Wilson

text:
    M. N. Padway, trading as M. N. Padway & Son, appellee, v. Isaac Tucker, trading as I. Tucker & Company, appellant.
    Gen. No. 32,667.
    Opinion filed October 3, 1928.
    O’Connell, Herr & Arvey, for appellant; Simon Herr, of counsel. Blum & Jacobson and Klaas & Porter, for appellee; Harry H. Porter, of counsel.
   Mr, Justice Wilson

delivered the opinion of the court.


text:
    H. Barkmann Cartage Company, plaintiff in error, v. Elizabeth Lohr, defendant in error.
    Gen. No. 32,677.
    Opinion filed October 3, 1928.
    Rehearing denied October 16, 1928.
    McKenna & Harris, for plaintiff in error. John Prystalski and John Owen, for defendant in error.
   Mr. Justice Wilson

delivered the opinion of the court.


text:
    Sam Andrewson et al., trading as Andrewson Furniture Company, appellants, v. Carl Sanders and Harriet Sanders, appellees.
    Gen. No. 32,689.

      Opinion filed October 3, 1928.
    John H. Roser, for appellants. No appearance for appellees.
   Mr. Justice Wilson

delivered the opinion of the court.


author: Per curiam.

text:
    De Luxe Motor Cab Company et al., appellees, v. William. E. Dever, mayor of Chicago et al., appellants.
    Gen. No. 32,636.
    Opinion filed October 8, 1928.
    Samuel A. Ettelson, Corporation Counsel, for appellants; James I. McCarthy, pro se, and Roy S. Gaskill, Assistant Corporation Counsel, of counsel. Stebbins, L’Amoreaux & Hurtubise, for appellees; J. E. Hurtubise and Paul C. L’Amoreaux, of counsel.
   Per curiam.


author: Mr. Presiding Justice Gridley

text:
    Sarah E. McDonald and George T. McDonald, plaintiffs in error, v. Lewis E. Bartlett, defendant in error.
    Gen. No. 32,499.
    Opinion filed October 11, 1928.
    T. Renfroe Eaton, for plaintiffs in error; Henry C. Ferguson, of counsel. Hoover & Cody, for defendant in error.
   Mr. Presiding Justice Gridley

delivered the opinion of the court.


text:
    Sam Stepkin, appellee, v. M. E. Shankman and S. Kastil, appellants.
    Gen. No. 32,512.
    Opinion filed October 11, 1928.
    Gallagher, Shulman & Abrams, for appellants. Maxwell Landis, for appellee.
   Mr. Presiding Justice Gridley

delivered the opinion of the court.


text:
    Charles Schlosser, appellee, v. Chicago & North Western Railway Company, appellant.
    Gen. No. 32,521.
    Opinion filed October 11, 1928.
    Rehearing denied October 23, 1928.
    Nelson J. Wilcox, Nelson Trottman and I. C. Belden, for appellant, Joseph M. Connery, J. J. Cooke and M. S. Connery, for appellee.
   Mr. Presiding Justice Gridley

delivered the opinion of the court,


text:
    Beryle H. Childs, appellee, v. Pierre Nuyttens, appellant.
    Gen. No. 32,533.
    Opinion filed October 11, 1928.
    Mack & Wikoff, for appellant; Howard H. Wikoff and Arthur E. Frankenstein, of counsel. Braun, Anderson & Norby, for appellee; Joseph H. Braun and T. Russell Baker, of counsel.
   Mr. Presiding Justice Gridley

delivered the opinion of the court.


text:
    Catherine Howard, administratrix of the estate of Samuel F. Howard, deceased, appellant, v. Chicago Title & Trust Company, administrator of the estate of George C. Amerson, deceased, appellee.
    Gen. No. 32,543.
    Opinion filed October 11, 1928.
    James F. Hutchison and Alfred Diamond, for appellant. Bulkley, More, Paynton & Overmyer, for appellee.
   Mr. Presiding Justice Gridley

delivered the opinion of the court.


author: Mr, Presiding Justice Gridley

text:
    Tom Chamales, appellee, v. Emmet Maginnis, appellant.
    Gen. No. 32,555.
    Opinion filed October 11, 1928.
    D’Ancona & Pflaum, for appellant. William B. Steinberg, for appellee.
   Mr, Presiding Justice Gridley

delivered the opinion of the court.


text:
    Rudolph P. Perlman and Chicago Title & Trust Company, trustee, complainants. Rudolph P. Perlman, appellee, v. Vincent Marzano et al., defendants, on appeal of Albert F. Mecklenberger, receiver, appellant.
    Gen. No. 32,577.
    Opinion filed October 11, 1928.
    Isaac B. Lipson, for appellant; Randolph Thornton, of counsel. Rosenberg, Braude & Zimmerman, for appellee; Benjamin Nelson and Henry A. Kalcheim, of counsel.
   Mr. Presiding Justice Gridley

delivered the opinion of the court.


text:
    The People of the State of Illinois ex rel. G. H. Glinke, appellee, v. City of Chicago and Christian Paschen, building commissioner, appellants.
    Gen. No. 32,617.
    Opinion filed October 11, 1928.
    Samuel A. Ettelson, Corporation Counsel, and Frank J. Corr, Assistant Corporation Counsel, for appellants; George F. Barrett, Charles V. Barrett and William C. Wermuth, of counsel. Ralph O. Butz, for appellee.
   Mr. Presiding Justice Gridley

delivered the opinion of the court.


text:
    Maurice Alschuler, appellee, v. Harry H. Field & Company et al., appellants.
    Gen. No. 32,679.
    Opinion filed October 11, 1928.
    Isaac B. Lipson, for appellants; Randolph Thornton, of counsel. Maurice Alschuler, pro se.

   Mr. Presiding Justice Gridley

delivered the opinion of the court.


text:
    James G. Sheridan, appellant, v. James H. Poage, appellee.
    Gen. No. 32,697.
    Opinion filed October 11, 1928.
    Rehearing denied October 23, 1928.
    Arthur W. Kettles and James G. Sheridan, for appellant. James H. Poage, pro se.

   Mr. Presiding Justice Gridley

delivered the opinion of the court.


text:
    Walenty Szefc, appellant, v. Elizabeth Szefc, individually and as administratrix of the estate of Maryan Szefc, deceased, et al., appellees.
    Gen. No. 32,719.
    Opinion filed October 11, 1928.
    Albert S. O’Sullivan and Irvin W. Sippel, for appellant. Charles A. Churan, for appellees.
   Mr. Presiding Justice Gridley

delivered the opinion of the court.


author: Mr. Justice Barnes

text:
    B. F. Lindheimer et al., appellees, v. William F. Boeger, appellant.
    Gen. No. 32,518.

      Opinion filed October 11, 1928.
    Church, Haft, Robertson & Crowe, for appellant. Sonnenschein, Berkson, Lautmann & Levinson, for appellees; Henry S. Moser, of counsel.
   Mr. Justice Barnes

delivered the opinion of the court.


text:
    Anna Fencl, appellant, v. Joseph Korczewski et al., appellees.
    Gen. No. 32,525.
    Opinion filed October 11, 1928.
    Walter True and James S. Wright, for appellant. James Percival Pio, for appellees Martin and Agata Byczek.
   Mr. Justice Barnes

delivered the opinion of the court.


author: Mr, Justice Barnes

text:
    J. R. Clogg & Company, Ltd., appellant, v. James L. Slattery, appellee.
    Gen. No. 32,539.
    Opinion filed October 11, 1928.
    Slottow & Leviton and Albert Gomberg, for appellant; Charles Leviton and Wendell Carnahan, of counsel. Butler, Lamb, Foster & Pope, for appellee; Ralph C. Blaha and W. J. Anderson, of counsel.
   Mr, Justice Barnes

delivered the opinion of the court.


text:
    The People of the State of Illinois, defendant in error, v. Gust Stavrakas and Peter Voulgaris, plaintiffs in error.
    Gen. No. 32,594.
    Opinion filed October 11, 1928.
    W. W. O’Brien for plaintiffs in error; Clyde C. Fisher, of counsel. Robert E. Crowe, State’s Attorney, for defendant in error; Charles A. Bellows, George D. Lavin, John Holman and E. E. Wilson, Assistant State’s Attorneys, of counsel.
   Mr. Justice Barnes

delivered the opinion of the court.


text:
    Ethel Cronin, plaintiff in error, v. Frank Cronin, defendant in error.
    Gen. No. 32,611.

      Opinion filed October 11, 1928.
    William J. Grace, for plaintiff in error. Henry B. Evans, for defendant in error.
   Mr. Justice Barnes

delivered the opinion of the court.


text:
    Albert A. Sutton, plaintiff in error, v. Railway Mail Association, defendant in error.
    Gen. No. 32,630.
    Opinion filed October 11, 1928.
    Rehearing denied October 23, 1928.
    Chittick, Blankenship & Baltz, for plaintiff in error; Arthur C. J. Chittick, of counsel. Cohen, Tomas & Cohen, for defendant in error; George B. Cohen, of counsel.
   Mr. Justice Barnes

delivered the opinion of the court.


text:
    Illinois Merchants Trust Company, surviving trustee, appellant, v. Christ Nicolaedes, appellee.
    Gen. No. 32,641.
    Opinion filed October 11, 1928.
    McCulloch & McCulloch, for appellant; Grover C. McLaren and Hathorn W. McCulloch, of counsel. Charles L. Cohns, for appellee.
   Mr. Justice Barnes

delivered the opinion of the court.


text:
    Walter Gasscaw, appellee, v. Western Union Telegraph Company, appellant.
    Gen. No. 32,651.
    Opinion filed October 11, 1928.
    West & Eckhart, for appellant; Francis R. Stark, of counsel. No appearance for appellee.
   Mr. Justice Barnes

delivered the opinion of the court.


text:
    J. D. Fulrath, trading as Fulrath Nash Sales, appellant, v. Chicago Nash Company, appellee.
    Gen. No. 32,663.
    Opinion filed October 11, 1928.
    Rehearing denied October 23,’ 1928.
    Harold L. Ickes, for appellant. Adler, Lederer & Kahn and Thomas B. Brown, for appellee.
   Mr. Justice Barnes

delivered the opinion of the court.


text:
    Harry Becker, appellant, v. Abraham Korshak and Tillie Korshak, appellees.
    Gen. No. 32,666.
    Opinion filed October 11, 1928.
    Rehearing denied October 29, 1928.
    Charles T. Kramer, for appellant. Charles B. Goodman, for appellees.
   Mr. Justice Barnes

delivered the opinion of the court.


text:
    J. B. Roberts, trading as Roberts Motor Sales, defendant in error, v. L. S. Moore and W. J. Conroy, plaintiffs in error.
    Gen. No. 32,672.
    Opinion filed October 11, 1928.
    George E. Arthur, for plaintiffs in error. Remer & West, for defendant in error; Lawrence J. West, of counsel.
   Mr. Justice Barnes

delivered the opinion of the court.


text:
    William H. Smith, appellee, v. Illinois Central Railroad Company, appellant.
    Gen. No. 32,685.
    Opinion filed October 11, 1928.
    Fred H. Montgomery and Edward C. Craig, for appellant; Vernon W. Foster, of counsel. Joseph D. Ryan, for appellee.
   Mr. Justice Barnes

delivered the opinion of the court.


text:
    Morris Feldman et al., trading as M. Feldman & Sons, plaintiffs, v. Samuel Schulman, defendant. Samuel Schulman for use of Nathan R. Feldman et al., appellant, v. Oscar Katz, garnishee, appellee.
    Gen. No. 32,688.
    Opinion filed October 11, 1928.
    Abraham Feldman, for appellants. No appearance for appellee.
   Mr. Justice Barnes

delivered the opinion of the court.


text:
    Stella Guter, appellant, v. Security Benefit Association, appellee.
    Gen. No. 32,694.

      Opinion filed October 11, 1928.
    Harry H. Felgar, for appellant. A. W. Pulton and S. J. Fulton, for appellee.
   Mr. Justice Barnes

delivered the opinion of the court.


text:
    John Sullivan, appellee, v. Rudolph Backer, appellant.
    Gen. No. 32,716.
    Opinion filed October 11, 1928.
    Rehearing denied October 23, 1928.
    Glynn J. Elliott, for appellant. Frank N. Hillis, for appellee.
   Mr. Justice Barnes

delivered the opinion of the court.


text:
    George M. Buchanan, appellant, v. W. A. Jones Foundry & Machine Company, appellee.
    Gen. No. 32,761.
    Opinion filed October 11, 1928.
    E. A. Aborn, for appellant. No appearance for appellee.
   Mr. Justice Barnes

delivered the opinion of the court.


text:
    E. J. Pauler, appellant, v. Robert F. Bates, appellee.
    Gen. No. 32,798.
    Opinion filed October 11, 1928.
    William R. Wiley, for appellant. Moses, Kennedy, Stein & Bachrach, for appellee; Seymour A. Greenblatt, of counsel.
   Mr. Justice Barnes

delivered the opinion of the court.


author: Mr. Justice Scanlan

text:
    West Madison State Bank, appellee, v. Joseph A. Mudd and B. H. Lancaster, appellants.
    Gen. No. 32,372.
    Opinion filed October 11, 1928.
    Bradley, Williams, Harper & Farrell, for appellants. William H. Dellenback, for appellee.
   Mr. Justice Scanlan

delivered the opinion of the court.


text:
    Paulina Norkevich, administratrix of the estate of Mike Norkevich, deceased, appellee, v. Atchison, Topeka and Santa Fe Railway Company, appellant.
    Gen. No. 32,440.
    Opinion filed October 11, 1928.
    Emmet Trainor, T. F. King and G. E. Duffy, for appellant. Charles E. Carpenter and Thomas P. Grant, for appellee.
   Mr. Justice Scanlan

delivered the opinion of the court.


text:
    Catherine L. Stoll, plaintiff in error, v. C. W. Hanford, M. D., defendant in error.
    Gen. No. 32,608.
    Opinion filed October 11, 1928.
    L. M. Fine and R. D. Melick, for plaintiff in error. Edward W. Rawlins and Hicks & Folonie, for defendant in error.
   Mr. Justice Scanlan

delivered the opinion of the court.


text:
    Joseph H. Bos, appellee, v. Advertisers Illustrating Company, appellant.
    Gen. No. 32,626.
    Opinion filed October 11, 1928.
    Theodore A. Kolb, for appellant; Clyde C. Fisher, of counsel. Tourje, Waugh & McClellan, for appellee; Joseph W. McAuliffe, of counsel.
   Mr. Justice Scanlan delivered the opinion of the court.


text:
    Stephen Maday, plaintiff in error, v. Joseph Sippil, defendant in error.
    Gen. No. 32,660.
    Opinion filed October 11, 1928.
    Walter T. Quigley, for plaintiff in error. William L. Hart, for defendant in error; William L. Hart and Joseph P. Brodie, of counsel.
   Mr. Justice Scanlan

delivered the opinion of the court.


text:
    Joseph M. Hammer, appellant, v. Rosalie Heinsohn, appellee.
    Gen. No. 32,669.

      Opinion filed October 11, 1928.
    Rehearing denied October 23, 1928.
    Benjamin Levering and Elmer H. Heitmann, for appellant. Sonnenschein, Berkson, Lautmann & Levinson, for appellee; Joseph A. Struett, of counsel.
   Mr. Justice Scanlan

delivered the opinion of the court.


text:
    The Stearnes Company, appellee, v. Embassy Hotel Company, appellant.
    Gen. No. 32,700.
    Opinion filed October 11, 1928.
    Philip D. Hoffman, for appellant. Simons, De Souchet & Contarsy, for appellee.
   Mr. Justice Scanlan

delivered the opinion of the court.


text:
    Rudolph Beskin et al., appellees, v. City of Chicago, appellant.
    Gen. No. 32,730.
    Opinion filed October 11, 1928.
    Rehearing denied October 23, 1928.
    Samuel A. Ettelson, Corporation Counsel, for appellant; Leon Hornstein and James I. McCarthy, Assistant Corporation Counsel, of counsel. Harry R. Chapman and Chester E. Cleveland, for appellees.
   Mr. Justice Scanlan delivered the opinion of the court.


text:
    Harold E. Leopold, appellant, v. Milwaukee-Western State Bank, appellee.
    Gen. No. 32,127.
    Opinion filed November 7, 1928.
    Moses, Kennedy, Stein & Bachrach, for appellant; Hirsch E. Soble, of counsel. Brown, Fox & Blumberg, for appellee; Roy Massena and Jacob Logan Fox, of counsel.
   Mr. Presiding Justice Holdom

delivered the opinion of the court.


author: Mr, Presiding Justice Holdom

text:
    J. Frank Lindsey, trading as Lindsey Company, appellee, v. Louis Rosen, appellant.
    Gen. No. 32,767.
    Opinion filed November 7, 1928.
    Rehearing denied November 23, 1928.
    Jaffe & Green, for appellant. Charles P. Molthrop, for appellee.
   Mr, Presiding Justice Holdom

delivered the opinion of the court.


text:
    George A. Lageschulte, appellant, v. National Tea Company, appellee.
    Gen. No. 32,817.
    Opinion filed November 7, 1928.
    Frank H. Partridge, for appellant; Foster A. Parker, of counsel. Soelke, Koehn & Loewy, for appellee.
   Mr. Presiding Justice Holdom

delivered the opinion of the court.


text:
    William J. Klibanow, trading as Independence Realty Exchange, appellee, v. David Don, appellant.
    Gen. No. 32,544.
    Opinion filed November 7, 1928.
    Edward Berkson and Sol Harrison, for appellant. Adler, Lederer & Kahn, for appellee.
   Mr. Justice Taylor

delivered the opinion of the court.


text:
    Irma Fay Vannier, appellee, v. Raoul Vannier, appellant.
    Gen. No. 32,553.
    Opinion filed November 7, 1928.
    Raoul Vannier, pro se; Lloyd M. Brown, of counsel. Leslie H. Whipp, for appellee.
   Mr. Justice Taylor

delivered the opinion of the court.


text:
    Northwest Ready Roofing Company, appellant, v. Edwin H. Stepek, appellee.
    Gen. No. 32,578.
    Opinion filed November 7, 1928.
    Victor E. Rehm, for appellant. John S. O’Donnell, for appellee.
   Mr. Justice Taylor

delivered the opinion of the court.


text:
    William B. Castenholz et al., appellees, v. Arthur Michel, appellant.
    Gen. No. 32,698.
    Opinion filed November 7, 1928.
    E. R. Elliott, for appellant. Potter & Lewis, for appellees.
   Mr. Justice Wilson

delivered the opinion of the court.


text:
    The People of the State of Illinois, defendant in error, v. Alma Jackson, plaintiff in error.
    Gen. No. 32,744.
    Opinion filed November 7, 1928.
    Donald McEachern, for plaintiff in error. Robert E. Crowe, State’s Attorney, for defendant in error; John Holman and Edw. E. Wilson, Assistant State’s Attorneys, of counsel.
   Mr. Justice Wilson

delivered the opinion of the court.


text:
    Christ Wheeler, defendant in error, v. David Jamieson and Malcolm Jamieson, trading as Jamieson Bros., plaintiffs in error.
    Gen. No. 32,759.
    Opinion filed November 7, 1928.
    Rehearing denied November 23, 1928.
    Harold L. Ickes, for plaintiffs in error. Jesse Wilcox, for defendant in error.
   Mr, Justice Wilson

delivered the opinion of the court.


text:
    Elmer Jordan and Walter Dettmann, trading as Jordan & Dettmann, appellants, v. W. C. Warner, appellee.
    Gen. No. 32,775.
    Opinion filed November 7, 1928.
    James H. Turner and Arthur Lewis Hoffman, for appellants. Mahony & Palmer, for appellee.
   Mr. Justice Wilson

delivered the opinion of the court.


author: Mr. Presiding Justice O’Connor

text:
    Max Clamitz, appellee, v. Fort Dearborn Automobile Insurance Company, appellant.
    Gen. No. 32,696.
    Opinion filed November 19, 1928.
    Murphy O. Tate, for appellant; Leo M. Tarpey, of counsel. Harold A. Fein, for appellee.
   Mr. Presiding Justice O’Connor

delivered the opinion of the court.


author: Mr. Presiding Justice O'Connor

text:
    Charles Bendler, appellant, v. Morris Esrig et al., trading as Chicago Distilling Company, defendants. Louis Kaplan, appellee.
    Gen. No. 32,763.

      Opinion filed November 19, 1928.
    Kessler & Marine, for appellant. Morris K. Levinson, for appellee.
   Mr. Presiding Justice O'Connor

delivered the opinion of the court.


text:
    Price Realty Securities Company, appellant, v. Arthur Kapernick, appellee.
    Gen. No. 32,776.
    Opinion filed November 19, 1928.
    Julius L. Kabaker, for appellant. Thompson, Tyrrell & Chambers, for appellee; Walter H. Chambers, of counsel.
   Mr. Presiding Justice O'Connor

delivered the opinion of the court.


author: Mr. Justice McSurely

text:
    Harry F. Hennegan and William F. Herzog, appellees, v. Paul P. Pirola, appellant.
    Gen. No. 32,137.
    Opinion filed November 19, 1928.
    Gallagher, Shulman & Abrams, for appellant. No appearance for appellees.
   Mr. Justice McSurely

delivered the opinion of the court.


text:
    McLane Van Ingen, trading as E. H. Van Ingen & Co., appellant, v. Samuel A. Snitzer and Samuel A. Snitzer, Inc., appellees.
    Gen. No. 32,687.
    Opinion filed November 19, 1928.
    Winston, Strawn & Shaw, for appellant; Harold A. Smith and Thomas A. Reynolds, of counsel. No appearance for appellees.
   Mr. Justice McSurely delivered the opinion of the court.


text:
    Southwestern Milling Co., defendant in error, v. J. J. Sankstone, plaintiff in error.
    Gen. No. 32,757.
    Opinion filed November 19, 1928.
    Geo. F. Ort, for plaintiff in error. Allen, Ward & Gallagher, for defendant in error; William H. Gallagher, of counsel.
   Mr. Justice McSurely

delivered the opinion of the court.


text:
    E. R. Parker and B. J. Cassels, trading as Parker & Cassels, appellants, v. Harvey P. Ingham, trading as Exner Garment Company, appellee.
    Gen. No. 32,812.
    Opinion filed November 19, 1928.
    Cassels, Potter & Bentley, for appellants; George C. Bunge, of counsel. Samuel G. Rautbord, for appellee.
   Mr. Justice McSurely

delivered the opinion of the court.


text:
    Emma Chvatal, appellee, v. Metropolitan Life Insurance Company, appellant.
    Gen. No. 32,834.
    Opinion filed November 19, 1928.
    Hoyne, O’Connor & Rubinkam, for appellant. No appearance for appellee.
   Mr. Justice McSurely

delivered the opinion of the court.


text:
    The Wiersema State Bank, appellant, v. Joe Prevolsky, appellee.
    Gen. No. 32,843.
    Opinion filed November 19, 1928.
    Claude J. Dalenberg, for appellant. William C. Greatman, for appellee.
   Mr. Justice McSurely

delivered the opinion of the court.


text:
    C. Mallow, appellee, v. E. H. Carlson, appellant.
    Gen. No. 32,864.
    Opinion filed November 19, 1928.
    Lee, Phelps & Cleland, for appellant. No appearance for appellee.
   Mr. Justice McSurely

delivered the opinion of the court.


text:
    Frances Pusateri, defendant in error, v. Ascan W. Kittner et al., plaintiffs in error.
    Gen. No. 32,867.
    Opinion filed November 19, 1928.
    Howard D. Moses, for plaintiffs in error; Carl J. Appell, of counsel. No appearance for defendant in error.
   Mr. Justice McSurely

delivered the opinion of the court.


text:
    Paul Kiusas, appellant, v. Sophia Petrauskas, also known as Sophia Yucius, and John Doe, appellees.
    Gen. No. 32,880.
    Opinion filed November 19, 1928.
    Harold O. Hulks, for appellant. No appearance for appellees.
   Mr. Justice McSurely

delivered the opinion of the court.


author: Mr. Justice Matchett

text:
    Hattie Klauser, appellee, v. Felix E. Meleski, appellant.
    Gen. No. 32,681.
    Opinion filed November 19, 1928.
    Monahan & Monahan, for appellant. Joseph E. Winterbotham, for appellee.
   Mr. Justice Matchett

delivered the opinion of the court.


text:
    Vincenzo Lamonea, appellant, v. Max Berezin, appellee.
    Gen. No. 32,690.
    Opinion filed November 19, 1928.
    Frank H. Novak, for appellant; Leslie A. Needham, of counsel. Rosenberg, Braude & Zimmerman, for appellee; H. J. Rosenberg and Benjamin Nelson, of counsel.
   Mr. Justice Matchett

delivered the opinion of the court.


text:
    City National Bank of Evanston, appellee, v. Charles A. Rohrer, appellant.
    Gen. No. 32,786.
    Opinion filed November 19, 1928.
    James Hibben, for appellant. Heth, Lister & Collins, for appellee.
   Mr. Justice Matehett delivered the opinion of the court.


text:
    Johanna Smith, defendant in error, v. Hibernian Life Insurance Association, plaintiff in error.
    Gen. No. 32,809.
    Opinion filed November 19, 1928.
    Eugene F. O’Riordan, for plaintiff in error; Francis E. Croarkin, of counsel. Victor Frohlich, for defendant in error.
   Mr. Justice Matchett

delivered the opinion of the court.


text:
    R. D. Hughes for the use of Harry McNamer, appellee, v. Jahn & Ollier Engraving Company, appellant.
    Gen. No. 32,852.
    Opinion filed November 19, 1928.
    Dulsky, Friedman & Dulsky, for appellant; Simon H. Alster, of counsel. McGilvray, Eames, Vaughan & Tilley, for appellee; A. G. Humphrey, of counsel.
   Mr. Justice Matchett

delivered the opinion of the court.


text:
    Theresa Hunter, appellee, v. Underwriters Mutual Life Insurance Company, appellant.
    Gen. No. 32,874.
    Opinion filed November 19, 1928.
    Lewis E. Johnson, for appellant. John F. Cashen, .Jr., for appellee.
   Mr. Justice Matchett

delivered the opinion of the court.


text:
    William C. Dannenberg, defendant in error, v. Allan Harvey Ferguson, plaintiff in error.
    Gen. No. 32,587.
    Opinion filed November 27, 1928.
    Lee, Phelps & Cleland, for plaintiff in error. McKenna & Harris, for defendant in error.
   Mr. Presiding Justice Gridley

delivered the opinion of the court.


text:
    Nestor Johnson Manufacturing Company, appellant, v. Morris Goldblatt et al., appellees.
    Gen. No. 32,603.
    Opinion filed November 27, 1928.
    Zane, Morse & Norman, for appellant. Pritzker & Pritzker, for Morris Goldblatt and Nathan Goldblatt, appellees; Jack N. Pritzker, of counsel. Harvey L. Hanson, for F. W. Planert & Sons, Inc., appellee.
   Mr. Presiding Justice Gridley

delivered the opinion of the court.


text:
    Frank L. Leesch, defendant in error, v. A. L. Nichols, plaintiff in error.
    Gen. No. 32,706.

      Opinion filed November 27, 1928.
    John A. Bloomingston, for plaintiff in error. Finn & Miller, for defendant in error; Robert S. Cook, of counsel.
   Mr. Presiding Justice Gridley

delivered the opinion of the court.


text:
    John Potempa, by Albert Potempa, appellee, v. J. F. Culp, appellant.
    Gen. No. 32,748.
    Opinion filed November 27, 1928.
    Rehearing denied December 11, 1928.
    Bulkley, More, Poynton & Overmyer, for appellant. Finn & Miller, for appellee; Frank Johnston, Jr., of counsel.
   Mr. Presiding Justice Gridley

delivered the opinion of the court.


text:
    Potts-Turnbull Advertising Company, appellee, v. Feltman & Curme Shoe Stores Company, appellant.
    Gen. No. 32,766.
    Opinion filed November 27, 1928.
    John G. Riordan, for appellant. Fischel, Kahn, Heart & Epstein, for appellee; Philip R. Toomin, of counsel.
   Mr. Presiding Justice Gridley

delivered the opinion of the court.


text:
    Sadie Feder, plaintiff in error, v. New York Life Insurance Company, defendant in error.
    Gen. No. 32,777.
    Opinion filed November 27, 1928.
    Alfred Roy Hulbert and Harold L. Feigenholtz, for plaintiff in error. Hamlin, Topliff & Cooper, for defendant in error.
   Mr. Presiding Justice Gridley

delivered the opinion of the court.


text:
    Sadie Feder, plaintiff in error, v. Union Indemnity Company, defendant in error.
    Gen. No. 32,780.
    Opinion filed November 27, 1928.
    Alfred Roy Hulbert and Harold L. Feigenholtz, for plaintiff in error. Church, Haft, Robertson & Crowe, for defendant in error; Burt A. Crowe, of counsel.
   Mr. Presiding Justice Gridley

delivered the opinion of the court.


text:
    Morris Schwartz and Lena Schwartz, appellees, v. United States Fidelity & Guaranty Company, appellant.
    Gen. No. 32,875.
    Opinion filed November 27, 1928.
    Eugene P. Kealy, for appellant; Chester E. Lewis, of counsel. No appearance for appellees.
   Mr, Presiding Justice Gridley

delivered the opinion of the court.


text:
    Harry T. Vinnedge et al., complainants, v. Mystic Workers of the World et al., defendants. Mystic Workers of the World, cross-complainant, appellant, v. Harry T. Vinnedge et al,, cross-defendants, appellees.
    Gen. No. 32,752.
    Opinion filed November 27, 1928.
    William C. Hartray, Charles E. Sturtz, Lee E. Joslyn and George R. Allen, for defendants; Arthur H. Chetlain, of counsel. David D. Stansbury, Jacob Cantlin and Richard H. Welsh, for appellees.
   Mr. Justice Barnes

delivered the opinion of the court.


text:
    Gordon A. Ramsay, administrator of the estate of William H. Berdan, deceased, appellee, v. City of Chicago, appellant.
    Gen. No. 32,787.
    Opinion filed November 27, 1928.
    Samuel A. Ettelson, Corporation Counsel, and William D. Saltiel, City Attorney, for appellant; Stanley C. Armstrong, George D. Mills, Assistant City Attorneys, E. Marshall Amberg and Roy S. Gaskill, Assistant Corporation Counsel, of counsel. James L. Bynum, for appellee.
   Mr. Justice Barnes

delivered the opinion of the court.


text:
    John J. Jarke, Jr., appellee, v. Goldman Bond & Mortgage Company, appellant.
    Gen. No. 32,819.
    Opinion filed November 27, 1928.
    Schuyler, Weinfeld & Parker, for appellant; Carl J. Appell and Howard D. Moses, of counsel. Pritzker & Pritzker, for appellee; Nicholas J. Pritzker, of counsel.
   Mr. Justice Barnes

delivered the opinion of the court.


text:
    Clever Truths Publishing Company, appellee, v. J. O. Stoll, trading as J. O. Stoll Company, appellant.
    Gen. No. 32,841.
    Opinion filed November 27, 1928.
    Crowe & Kolb and William J. Lancaster, for appellant; William J. Lancaster, of counsel. Campbell & Fischer, for appellee; Carlton L. Fischer, of counsel.
   Mr. Justice Barnes

delivered the opinion of the court.


text:
    The Foreman Trust & Savings Bank, administrator of the estate of Arnold Szambelanczyk, deceased, appellant, v. Albert Rossi, appellee.
    Gen. No. 32,881.
    Opinion filed November 27, 1928.
    Axelrod & Steinberg, for appellant. Green & Rice, for appellee.
   Mr. Justice Barnes

delivered the opinion of the court.


text:
    Harry T. Vinnedge et al., appellees, v. Mystic Workers of the World et al., appellants.
    Gen. No. 32,910.
    Opinion filed November 27, 1928.
    William C. Hartray, Charles E. Sturtz, Lee E. Joslyn and George R. Allen, for appellants; Arthur H. Cheltlain, of counsel. David D. Stansbury, Jacob Cantlen and Richard H. Welsh, for appellees.
   Mr. Justice Barnes

delivered the opinion of the court.


text:
    Charles F. Lobell et al., trading as Lobell, Bellows and Lobell, appellants, v. Margaret Brookhouse Levy, appellee.
    Gen. No. 31,630.
    Opinion filed November 27, 1928.
    Morris & Allen, for appellants. No appearance for appellee.
   Mr. Justice Scanlan

delivered the opinion of the court.


text:
    Orie Mumford, defendant in error, v. Coyne Electrical School, plaintiff in error.
    Gen. No. 32,605.
    Opinion filed November 27, 1928,

      Irwin N. Walker, for plaintiff in error; Samuel F. White, Jr., of counsel. No appearance for defendant in error.
   Mr. Justice Scanlan

delivered the opinion of the court.


text:
    Lewis C. Brown, appellee, v. Charles J. Greenstreet, appellant.
    Gen. No. 32,691.
    Opinion filed November 27, 1928.
    Wetten, Pegler & Dale, for appellant. MacChesney, Evans & Robinson, for appellee; Warner H. Robinson, of counsel.
   Mr. Justice Scanlan

delivered the opinion of the court.


author: Mr. Justice Seanlan

text:
    National Bond & Investment Company, appellant, v. Henry Lanners, appellee.
    Gen. No. 32,722.
    Opinion filed November 27, 1928.
    John W. Creekmur and D. E. Hoopingarner, for appellant; Cynthia R. Kelly, of counsel. O’Connell, Herr & Arvey, for appellee; Clarence A. Samuel, of counsel.
   Mr. Justice Seanlan

delivered the opinion of the court.


text:
    A. F. Schultz & Co., defendant in error, v. Edmund M. Pawelski, plaintiff in error.
    Gen. No. 32,760.
    Opinion filed November 27, 1928.
    Cassels, Potter & Bentley, for plaintiff in error; Ralph F. Potter and Claud D. Raber, of counsel. Ryan, Condon & Livingston, for defendant in error.
   Mr. Justice Scanlan

delivered the opinion of the court.


text:
    Joseph Munch, appellee, v. Myrtle Landis, appellant.
    Gen. No. 32,771.
    Opinion filed November 27, 1928.
    Fisher, Boyden, Kales & Bell, for appellant; Earl K. Schiek, of counsel. Coburn, Kearney & Coburn, for appellee.
   Mr. Justice Scanlan

delivered the opinion of the court.


text:
    A. Nadler, defendant in error, v. Motor Car Service Company, plaintiff in error.
    Gen. No. 32,785.
    Opinion filed November 27, 1928.
    Joseph A. Huston, for plaintiff in error. No appearance for defendant in error.
   Mr. Justice Scanlan

delivered the opinion of the court.


text:
    H. James Rossier and C. Brooks Middleton, trading as Middleton & Rossier, appellees, v. Donchian Furniture Company, appellant.
    Gen. No. 32,794.
    Opinion filed November 27, 1928.
    Rehearing denied December 11, 1928.
    Joseph D. Irose, for appellant. Marvin W. Wallach, for appellees.
   Mr. Justice Scanlan

delivered the opinion of the court.


text:
    Hawkins & Loomis Co., appellee, v. Isaac Gittler, appellant.
    Gen. No. 32,804.
    Opinion filed November 27, 1928.
    Kaplan & Kaplan, for appellant. Adams & Hawley, for appellee; Ralph E. Brown, of counsel.
   Mr. Justice Scanlan

delivered the opinion of the court.


text:
    William R. Johnston, appellant, v. Howard G. Shockey, appellee.
    Gen. No. 32,838.
    Opinion filed November 27, 1928.
    Rehearing denied December 11, 1928.
    Charles D. Callahan, for appellant. No appearance for appellee.
   Mr. Justice Scanlan

delivered the opinion of the court.


author: Mr. Justice Ryner

text:
    Denney & Co., appellant, v. Illinois Central Railroad Company, appellee.
    Gen. No. 32,562.
    Opinion filed December 19, 1928,
    Rehearing denied January 2, 1929,

      O’Connell, McGIinn & O’Gallagher and J. V. DeLaney, for appellant; J. V. DeLaney, Leo N. McGIinn, Kieran P. O’Gallagher and Leo P. Quinn, of counsel. Fred H. Montgomery and Herbert J. Deany, for appellee; Vernon W. Foster, of counsel.
   Mr. Justice Ryner

delivered the opinion of the court.


text:
    Dagmar Faye, defendant in error, v. E. J. Groenwald, plaintiff in error.
    Gen. No. 32,599.
    Opinion filed December 19, 1928.
    Leesman, Roemer & Sehnell, for plaintiff in error. Thomas J. Finnegan, for defendant in error.
   Mr. Justice Ryner

delivered the opinion of the court.


text:
    General Highways System, Inc., appellant, v. Paul Polka and Martin Polka, trading as Polka Brothers, appellees.
    Gen. No. 32,648.
    Opinion filed December 19, 1928.
    Benjamin Levering and Elmer H. Heitmann, for appellant. Guerine & Brust, for appellees; Guy C. Guerine, of counsel.
   Mr. Justice Ryner

delivered the opinion of the court.


text:
    Concordia Building Loan & Homestead Association of Englewood, Illinois, et al., appellees, v. Arthur J. Brinkruff et al., on appeal of General Acceptance Company, intervening petitioner, appellant.
    Gen. No. 32,670.
    Opinion filed December 19, 1928.
    Harry J. Rosenzweig, for appellant; A. S. Frankenstein, of counsel. Rathje, Wesemann, Hinckley & Barnard, for appellees.
   Mr. Justice Ryner

delivered the opinion of the court.


text:
    Josephine Weitzel, appellee, v. Louis Frkonja, appellant.
    Gen. No. 32,692.
    Opinion filed December 19, 1928.
    John A. Zvetina and Henry Pollezy, for appellant. Edmund J. Cross and John G. E. Puerkel, for appellee.
   Mr. Justice Ryner

delivered the opinion of the court.


text:
    Star Wholesale Grocery Company, appellee, v. Division State Bank, appellant.
    Gen. No. 32,778.
    Opinion filed December 19, 1928.
    Schuyler, Weinfeld & Parker, for appellant; Carl J. Appell and Howard D. Moses, of counsel. Samuel H. Rosenthal, for appellee.
   Mr. Justice Ryner

delivered the opinion of the court.


text:
    H. A. Swigert, appellant, v. Harris Trust and Savings Bank, appellee.
    Gen. No. 32,516.
    Opinion filed December 19, 1928.
    Rehearing denied January 2, 1929.
    Dent, Dobyns & Freeman, for appellant. Cutting, Moore So Sidley for appellee; J. Dwight Dickerson and Edwin C. Austin, of counsel.
   Mr. Justice Wilson

delivered the opinion of the court.


text:
    William A. Beaudry, trading as Wm. A. Beaudry Landscape Organization, appellee, v. Dillwyn M. Bell et al., defendants. Dillwyn M. Bell and Levaughn Bell, appellants.
    Gen. No. 32,715.
    Opinion filed December 19, 1928.
    Loucks, Eckert & Peterson, for appellants; Tom Leeming, of counsel. Sass & Hood, for appellee.
   Mr. Justice Wilson

delivered the opinion of the court.


text:
    Phil. Ernst O. Schnell, defendant in error, v. Apex Motor Fuel Company, plaintiff in error.
    Gen. No. 32,729.
    Opinion filed December 19, 1928.
    D’Ancona & Pfiaum, for plaintiff in error. Loewenstein & Rabinoff, for defendant in error; Maurice J. Ginsberg, of counsel.
   Mr. Justice Wilson

delivered the opinion of the court.


text:
    The Tribune Company, appellant, v. Emery Motor Livery Company, appellee.
    Gen. No. 32,784.
    Opinion filed December 19, 1928.
    Rehearing denied January 2, 1929.

      George A. Schneider, for appellant. Green & Rice, for appellee; Charles E. Green, of counsel.
   Mr. Justice Wilson

delivered the opinion of the court.


text:
    Buffalo Wax Engravers, Inc., appellee, v. Warren Hall and F. B. Bellis, appellants.
    Gen. No. 32,802.
    Opinion filed December 19, 1928.
    Rehearing denied January 2, 1929.
    Deneen, Healy & Lee, for appellants. William Feldman, for appellee.
   Mr. Justice Wilson

delivered the opinion of the court.-


text:
    Jennie Eisenstadt, defendant in error, v. Martin Lukaszewski, plaintiff in error.
    Gen. No. 32,814.
    Opinion filed December 19, 1928.
    Edward J. Warren, for plaintiff in error. Sidney D. Komie and J. W. Hallam, for defendant in error.
   Mr. Justice Wilson

delivered the opinion of the court.


text:
    Alfred Miller, appellant, v. Joseph A. Metzner, appellee.
    Gen. No. 32,820.
    Opinion filed December 19, 1928.
    Harry Goodman, for appellant. Clarence Kammerman and J. J. Cooke, for appellee.
   Mr. Justice Wilson

delivered the opinion of the court.


text:
    Pearl Moore, appellant, v. Wilford C. Shipnes, appellee.
    Gen. No. 32,854.
    Opinion filed December 19, 1928.
    Frank T. Sharp, for appellant. Thomas B. Lantry, for appellee.
   Mr. Justice Wilson

delivered- the opinion of the court.


text:
    Joseph S. Knee, appellant, v. London Guarantee & Accident Company, Ltd., appellee.
    Gen. No. 32,860.

      Opinion filed December 19, 1928.
    Rehearing denied January 2, 1929.
    M. G. Livingston, for appellant. George D. Anthony, Kirkland, Patterson & Fleming, J. Fred Reeve and Goodnow, Allaben & Snewind, for appellee; Max F. Allaben, of counsel.
   Mr. Justice Wilson

delivered the opinion of the court.


text:
    Joseph H. Free, appellee, v. The Successful Merchant, appellant.
    Gen. No. 33,026.
    Opinion filed December 21, 1928.
    Cavender & Milchrist, for appellant. M. V. Minaban, for appellee.
   Mr. Justice Matchett

delivered the opinion of the court.


text:
    Lewis A. Stebbins et al., appellees, v. R. B. Ballard & Company, appellant.
    Gen. No. 32,790.
    Opinion filed December 31, 1928.
    Rehearing denied January 11, 1929.
    Brown, Wiggenhorn & Davis, Babcock, Worthy & Gilruth and W. H. Holly, for appellant. Elmer D. Brothers, for appellees.
   Mr. Presiding Justice Gridley

delivered the opinion of the court.


text:
    John Hammar and John J. Kern, appellants, v. Samuel G. Cherman, appellee.
    Gen. No. 32,801.
    Opinion filed December 31, 1928.
    Joseph G. Sheldon, for appellants. I. E. Korn, for appellee; Clyde C. Fisher, of counsel.
   Mr. Presiding Justice Gridley

delivered the opinion of the court.


text:
    Barrington Packing & Provision Company, appellee, v. Jourdan Packing Company, appellant.
    Gen. No. 32,810.
    Opinion filed December 31, 1928.
    Rehearing denied January 11, 1929.
    A. F. W. Siebel, for appellant. Frank H. Partridge, for appellee.
   Mr. Presiding Justice Gridley

delivered the opinion of the court.


text:
    Frank J. Allen, appellant, v. Messer, Willaman & Company, Inc., appellee.
    Gen. No. 32,822.
    Opinion filed December 31, 1928.
    Rehearing denied January 11, 1929.
    Packard, Barnes & McCaughey, for appellant. Deming, Jarrett & Mulfinger and A. C. Heckler, for appellee.
   Mr. Presiding Justice Gridley

delivered the opinion of the court.


text:
    O. C. Huber, appellee, v. Frank Herst, appellant.
    Gen. No. 32,847.
    Opinion filed December 31, 1928.
    Edward I. Rothbart and Seymour M. Lewis, for appellant; Wharton Plummer, of counsel. Winston, Strawn & Shaw, for appellee; Harold Beacom and Paul H. Moore, of counsel.
   Mr. Presiding Justice Gridley

delivered the opinion of the court.


text:
    David Saul Klafter, appellant, v. Abe B. Friedman and Alex Friedman, trading as Friedman Brothers, appellees.
    Gen. No. 32,856.
    Opinion filed December 31, 1928.
    Perlman, Goodman & Scolnik, for appellant. Arnd, Gavin, Griffin & Maray, for appellees; Frederick Arnd, of counsel.
   Mr. Presiding Justice Gridley

delivered the opinion of the court.


text:
    Pennsylvania Railroad Company, appellant, v. E. L. Denison, appellee.
    Gen. No. 32,865.
    Opinion filed December 31, 1928.
    Loesch, Scofield, Loesch & Richards, for appellant. Aaron R. Eppstein, for appellee.
   Mr. Presiding Justice Gridley

delivered the opinion of the court.


author: .Mr. Justice Barnes

text:
    Hattie Flint, appellant, v. Chicago City Railway Company et al., appellees.
    Gen. No. 32,807.
    Opinion filed December 31, 1928.

      Temple, Brown & Harewood, for appellant. George W. Miller and Arthur J. Donovan, for appellees; Frank L. Kriete and Warner H. Robinson, of counsel.
   .Mr. Justice Barnes

delivered the opinion of the court.


text:
    Ernest R. Shippee et al., appellants, v. Bank of America et al., appellees.
    Gen. No. 32,829.
    Opinion filed December 31, 1928.
    Bradley, Williams, Harper & Farrell, for appellants; C. Arch Williams and Samuel A. Harper, of counsel. Newman, Poppenhusen, Stern & Johnston, for appellees; Lawrence A. Cole and A. K. Orschel, of counsel.
   Mr. Justice Barnes

delivered the opinion of the court.


text:
    Luella Bonfonte, defendant in error, v. William Smillie and Abe Jacobs, plaintiffs in error.
    Gen. No. 32,853.
    Opinion filed December 31, 1928.
    Rehearing denied and additional opinion filed January 11, 1929.
    Alonzo H. Ranes and Corinne L. Rice, for plaintiff in error Abe Jacobs. H. H. Patterson and C. C. Bodenstab, for defendant in error.
   Mr. Justice Barnes

delivered the opinion of the court.


text:
    Seymour Lewis, appellee, v. Esther Liebsohn, appellant.
    Gen. No. 32,862.
    Opinion filed December 31, 1928.
    Rehearing denied January 11, 1929.
    Clark & Clark and Edward M. Keating, for appellant; Russell S. Clark, of counsel. Epstein, Feiwell, Arvey & Sachs, for appellee; Louis M. Mantynband, of counsel.
   Mr. Justice Barnes

delivered the opinion of the court.


author: Mr, Justice Scanlan

text:
    Max Kushner and Fred K. Hamilton, trading as Kushner & Hamilton, appellees, v. Isadore Saltzman et al., defendants, on appeal of General Wrecking & Lumber Company, intervening petitioner, appellant.
    Gen. No. 32,712.
    Opinion filed December 31, 1928.
    Soelke, Koehn & Loewy, for appellant. Richard R. Klein, for appellee Foreman Trust & Savings Bank; Mayer, Meyer, Austrian & Platt, for certain appellees.
   Mr, Justice Scanlan

delivered the opinion of the court,


text:
    Mary H. O’Day, individually, and Frank O’Day and Anna O’Day, by Mary H. O’Day, defendants in error, v. International Brotherhood of Teamsters, etc., of America, plaintiff in error.
    Gen. No. 32,726.
    Opinion filed December 31, 1928.
    Behearing denied January 11, 1929.
    James H. Cronin and Frank J. Gillespie, for plaintiff in error; Maxfield Weisbrod, of counsel. Edwin D. Lawlor and Harry Tobin, for defendants in error.
   Mr. Justice Scanlan

delivered the opinion of the court.


text:
    Katherine Everett, appellee, v. Philip Fazio, appellant.
    Gen. No. 32,816.
    Opinion filed December 31, 1928.
    Behearing denied January 11, 1929.
    Kirkland, Fleming, Green & Martin, for appellant; David Jacker, Jay Fred Reeve and William H. Symmes, of counsel. Joseph E. Winterbotham, for appellee.
   Mr. Justice Scanlan

delivered the opinion of the court.


text:
    Jacob G. Grossberg, appellee, v. Nathan Haffenberg and. Esther Ruth Haffenberg, appellants.
    Gen. No. 32,878.
    Opinion filed December 31, 1928.
    Rehearing denied January 11, 1929.
    Haffenberg, Kopald & Burns and Morris K. Levinson, for appellants. Jonas O. Hoover, for appellee.
   Mr. Justice Scanlan

delivered the opinion of the court.


author: Mr. Justice Jett

text:
    Second District.
    Ruth F. Ranney, appellant, v. Milo M. Ranney, appellee.
    Gen. No. 7,812.
    Opinion filed June 27, 1928.
    Rehearing denied January 28, 1929.
    Barnes, Magoon & Horton, for appellant. Kennedy & Kennedy, for appellee.
   Mr. Justice Jett

delivered the opinion of the court,


text:
    Seneca Petroleum Company, plaintiff in error, v. H. A. Reschke, defendant in error.
    Gen. No. 7,838.
    Opinion filed June 27, 1928.
    Rehearing denied January 28, 1929.
    Connelly, Weld, Walker, Searle & Crampton for plaintiff in error.
    Bartlett S. Gray, for defendant in error.
   Mr. Justice Jett

delivered the opinion of the court.


text:
    Board of Education of District No. 42, Rock Island County, State of Illinois, otherwise known as Cordova Community High School District No. 42, appellant, v. Non-High School District of Whiteside County, State of Illinois, appellee.
    Gen. No. 7,841.
    Opinion filed June 27, 1928.
    Rehearing denied January 28, 1929.
    A. M. Blodgett for appellant. Carl E. Sheldon, for appellee.
   Mr. Justice Jett

delivered the opinion of the court.


author: Mr. Justice Boggs

text:
    S. B. Geiger, appellee, v. City of Rockford, appellant.
    Gen. No. 7,892.
    Opinion filed July 24, 1928.
    Rehearing denied and opinion modified March 12, 1929.
    Stanton E. Hyer and Carl A. Swenson, for appellant. Early & Early, for appellee.
   Mr. Justice Boggs

delivered the opinion of the court.


author: Mr, Presiding Justice Jones

text:
    Nunzio di Lorenzo, appellee, v. The Texas Company, appellant.
    Gen. No. 7,816.
    Opinion filed August 8, 1928.
    Rehearing denied January 28, 1929.
    Garnsey, Wood & Lennon and Winston, Strawn & Shaw, for appellant; E. C. Hall, of counsel. Snapp, Heise & Snapp, for appellee.
   Mr, Presiding Justice Jones

delivered the opinion of the court.


author: Mr. Presiding Justice Jones

text:
    The People of the State of Illinois, defendant in error, v. John Doe, otherwise known as I. G. Lain, plaintiff in error.
    Gen. No. 7,832.
    Opinion filed August 8, 1928.

      Hall & Hulse and Hall, Martin, Hoose & Depew, for plaintiff in error. Ashbel V. Smith,, State's Attorney, for defendant in error; Sidney H. Block, of counsel.
   Mr. Presiding Justice Jones

delivered the opinion of the court.


text:
    Farmers State Bank of Burgess, appellee, v. Thompson Bradford et al., defendants. H. L. Howard, trustee, appellant.
    Gen. No. 7,844.
    Opinion filed August 8, 1928.
    Stafford, Schoede & Stafford, for appellant. Walter L. Mannon, for appellee.
   Mr. Presiding Justice Jones

delivered the opinion of the court.


text:
    In re petition for appointment of conservator for Henry King, by Anna King, petitioner, appellee, v. Henry King, respondent, appellant.
    Gen. No. 7,848.
    Opinion filed August 8, 1928.
    Elmore A. Gripp and Andrew Olson, for appellant. Benjamin S. Bell and Francis C. King, for appellee.
   Mr. Presiding Justice Jones

delivered the opinion of the court.


text:
    George D. Valentine and T. M. Downing, appellees, v. John Wesley Sharp and L. Cora Sharp, appellants.
    Gen. No. 7,850.
    Opinion filed August 8, 1928.
    R. C. Hunt, for appellants. George V. Helfrich, for T. M. Downing, appellee. ’
   Mr. Presiding Justice Jones

delivered the opinion of the court.


text:
    Paulina L. Efner, executrix of the estate of Eugene H. Efner, deceased, appellee, v. Chicago, Rock Island & Pacific Railway Company, appellant.
    Gen. No. 7,859.
    Opinion filed August 8, 1928.
    Rehearing denied January 28, 1929.
    Woodward, Hibbs & Pool, for appellants; Daniel Taylor, of counsel. Paul D. Perona, A. E. Butters and Howard H. Bayne, for appellee.
   Mr. Presiding Justice Jones

delivered the opinion of the court.


text:
    J. B. Dicus, appellant, v. E. H. Lucas et al., appellees.
    Gen. No. 7,864.

      Opinion filed August 8, 1928.
    Rehearing denied January 28, 1929.
    James H. Burr and James H. Ragsdale, for appellant. N. J. Aldrich, for appellees.
   Mr. Presiding Justice Jones

delivered the opinion of the court.


text:
    Lea Moon, appellee, v. George L. Comisky, appellant.
    Gen. No. 7,869.
    Opinion filed August 8, 1928.
    Kelly, Kelly & Kelly and Elmer E. Mohan, for appellant. Robert E. Larkin, for appellee.
   Mr. Presiding Justice Jones

delivered the opinion of the court.


text:
    Emma Simpson and Daisy Luce, appellees, v. Eunice Spackman, appellant.
    Gen. No. 7,800.
    Opinion filed August 8, 1928.
    Alexander J. Strom, for appellant. North, Linscott, Gibboney & North, for appellees.
   Mr. Justice Jett

delivered the opinion of the court.


text:
    Harry B. Wells and R. J. Champayne, trading as Wells Fender & Enameling Works, appellees, v. Camden Fire Insurance Association, appellant.
    Gen. No. 7,846.
    Opinion filed August 8, 1928.
    Welsh & Welsh, for appellant. Early & Early, for appellees.
   Mr. Justice Jett

delivered the opinion of the court.


text:
    M. L. Miller, trading as M. L. Miller Sales Company, appellant, v. Illinois Central Railroad Company, appellee.
    Gen. No. 7,871.
    Opinion filed August 8, 1928.
    Early & Early, for appellant. Vernon W. Foster and Welsh & Welsh, for appellee; W. S. Horton, of counsel.
   Mr. Justice Jett

delivered the opinion of the court.


text:
    John Severson, appellee, v. The American Insurance Company, appellant.
    Gen. No. 7,888.
    Opinion filed August 8, 1928.
    Donovan, Bray & Gray, for appellant. Clark, Munts & Young, for appellee.
   Mr. Justice Jett

delivered the opinion of the court.


text:
    The People of the State of Illinois for use of Community High School District No. 195, Henry County, Illinois, appellant, v. A. E. Anderson et al., appellees.
    Gen. No. 7,882.
    Opinion filed August 20, 1928.
    Rehearing denied January 28, 1929.
    Sturtz & Ewan, for appellant. Wood & Warner, for appellees.
   Mr. Presiding Justice Jones

delivered the opinion of the court.


text:
    Almira M. Marshall, appellee, v. William G. Boeke, appellant.
    Gen. No. 7,885.
    Opinion filed August 20, 1928.
    Elwyn R. Shaw, for appellant; Clarity & Vance, of counsel. Hyer & Gill, for appellee.
   Mr. Presiding Justice Jones

delivered the opinion of the court.


text:
    Carrie Ackerson, appellee, v. James G. Tetlow, administrator of the estate of Hiram Gitchell, deceased, appellant.
    Gen. No. 7,891.
    Opinion filed August 20, 1928.
    Hinchcliff & Miller and Welsh & Welsh, for appellant. North, Linscott, Gibboney & North and David D. Madden, for appellee.
   Mr, Presiding Justice Jones

delivered the opinion of the court.


text:
    Harry Kluk and Joe Lowy, trading as Elite Fruit Market, appellees, v. Frank Webber, trading as Webber Cartage Line, appellant.
    Gen. No. 7,843.
    Opinion filed August 28, 1928.
    Okel S. Fuqua and Sidney H. Block, for appellant. J. A. Miller, for appellees.
   Mr. Justice Jett

delivered the Opinion of the court.


text:
    Henry J. Seggerman and Cassie Seggerman, appellants, v. John C. Wilkinson et al., appellees.
    Gen. No. 7,854.
    Opinion filed August 28, 1928.
    Edward F. Riely and Barnes, Magoon & Horton, for appellants. Sigmund Livingston, Smietanka, Rickard & Poulton and Fort & Fort, for appellees; Herbert M. Livingston, of counsel.
   Mr. Justice Jett

delivered the opinion of the court.


text:
    Gertrude Gault, appellee, v. John Gault, appellant.
    Gen. No. 7,862.
    Opinion filed August 28, 1928.
    Hall & Dusher, for appellant. B. A. Knight and William D. Knight, for appellee.
   Mr. Justice Jett

delivered the opinion of the court.


text:
    The People of the State of Illinois, defendant in error, v. Rene Silversmet, plaintiff in error.
    Gen. No. 7,878.
    Opinion filed August 28, 1928.
    Schriver & Schriver, for plaintiff in error. Benjamin S. Bell, State’s Attorney, for defendant in error; Dan H. McNeal, of counsel.
   Mr. Justice Jett

delivered the opinion of the court.


author: Per curiam.

text:
    Sarah A. Paul, appellee, v. William G. Boeke, appellant.
    Gen. No. 7,886.
    Opinion filed September 4, 1928.
    Elwyn R. Shaw, for appellant; Clarity & Vance, of counsel. Hyer & Gill, for appellee.
   Per curiam.


text:
    Alma A. Volkers, plaintiff in error, v. Joseph P. Gordon, defendant in error.
    Gen. No. 7,874.
    Opinion filed September 7, 1928.
    Hall & Dusher, for plaintiff in error. David D. Madden, for defendant in error.
   Mr. Justice Jett

delivered the opinion of the court.


text:
    Giles Bradley, appellee, v. Peoria Bus and Baggage Line, appellant.
    Gen. No. 7,912.
    Opinion filed September 7, 1928.
    Quinn & Quinn, for appellant; C. V. O’Hern and Emerson T. Anthony, of counsel. Weil, Bartley & Weil, for appellee; Herbig Younge and Leo F. Cavanaugh, of counsel.
   Mr. Justice Jett

delivered the opinion of the court.


text:
    Veronica Paputsis, appellee, v. Joseph Kochalka, appellant.
    Gen. No. 7,889.
    Opinion filed September 14, 1928.
    Donovan, Bray & Gray, for appellant. R. C. Schoenstedt, for appellee.
   Mr. Presiding Justice Jones

delivered the opinion of the court.


text:
    Hester Norton, appellee, v. Merle Norton, appellant.
    Gen. No. 7,901.
    Opinion filed September 14, 1928.
    Hall & Dusher, for appellant. North, Linscott, Gibboney & North, for appellee.
   Mr. Presiding Justice Jones

delivered the opinion of the court.


text:
    Lodema Clem, appellee, v. William A. Jordan and Alvin Ball, trading as Jordan & Ball. William A. Jordan, appellant.
    Gen. No. 7,932.
    Opinion filed September 24, 1928.
    Clark, Munts & Young, for appellant. Lloyd Painter and Frank L. Flood, for appellee.
   Mr. Justice Jett

delivered the opinion of the court.


text:
    Paul Nielsen, appellee, v. Auto Owners Protective Exchange, appellant.
    Gen. No. 7,925.
    Opinion filed September 28, 1928.
    Frank H. Flood and Miller & Streeter, for appellant. Clark, Munts & Young, for appellee.
   Mr. Presiding Justice Jones

delivered the opinion of the court.


text:
    Axel Nelson, appellant, v. William Bohlin, appellee.
    Gen. No. 7,824.
    Modified opinion filed October 2, 1928.
    Rehearing denied October 2, 1928.
    Hall & Dusher, for appellants. North, Linscott, Gibboney & North, for appellee.
   Mr. Presiding Justice Jones

delivered the opinion of the court.


text:
    Hugh W. Hughes, defendant in error, v. Walter M. Pratt, et al., plaintiffs in error.
    Gen. No. 7,910.
    Opinion filed October 15, 1928.
    Clyde Smith, for plaintiffs in error. W. C. De Wolf, for defendant in error.
   Mr. Presiding Justice Jones

delivered the opinion of the court.


text:
    Nathan H. Weiss, appellee, v. Nathan Solomon, appellant.
    Gen. No. 7,917.
    Opinion filed October 15, 1928.
    Barnett, Wilson & Tichenor, for appellant. Shelton F. McGrath, for appellee.
   Mr. Presiding Justice Jones

delivered the opinion of the court.