text:
    Fred B. Tidd, Appellee, v. General Printing Company et al., Appellants.
    Gen. No. 34,314.

      Opinion filed May 29, 1930.
    Harold L. Ickes, for appellants.
    Kaplan & Kaplan, for appellee.
   Mr. Justice Gridley

delivered the opinion of the court.

This is an appeal from an interlocutory injunctional order or decree, entered January 14,1930, wherein the court, until further order, enjoined defendants and each of them from evicting complainant from the premises of the General Printing Company, located at 351-63 East Ohio Street, Chicago, and from interfering with complainant’s quiet and peaceful possession. The order was granted after notice and argument solely upon the allegations of complainant’s verified hill. The individual defendants are respectively the president and secretary of the defendant company.

In the bill, filed January 9, 1930, it is alleged that complainant’s vocation is that of a “typesetter” and that he is and has been for several years the owner of a business and plant at No. 525 South Dearborn Street, Chicago; that defendant company is engaged, and has been since 1907, in the printing, engraving and designing business at Nos. 351-63 Bast Ohio Street; and that on July 21, 1928, complainant and defendant company entered into a written contract. The contract is set out in full. It is therein stated in part:

That the company is desirous “of having typesetting service on its own premises” and Tidd (complainant) is fully equipped to render such service; that Tidd shall deliver two linotype machines to the company’s premises with a sufficient number of operators to operate the machines at capacity — -keeping such operators upon the machines as may reasonably satisfy the requirements of the company for the duration of the contract; that Tidd “shall pay to the company the sum of $32 per month, as rental for the space occupied by the machines (approximately 400 square feet), shall keep said employees insured under the workmen’s compensation act, and pay for all light and power used by the operators and machines”; that, in consideration of the foregoing, the company “agrees to give all of its linotype typesetting work ... to said Tidd, paying therefor at the following rates and schedules” (rates and schedules set forth); that Tidd agrees that, “in the event of a competitive job, quotation will be made as reasonable as possible, but if the company can buy at a lower price it may do so without breach of contract”; that rush work, which requires overtime, shall be paid for by the company at overtime rates, when said overtime is necessitated by the volume of work required of Tidd, or because of the lateness in submitting copy; that “if, because of rush work or special jobs, the two machines are, in Tidd’s opinion, unable to produce said work, then Tidd shall have the right to turn out the work in his own plant”; that “there shall be an account stated and balanced by the parties on the 1st day of each month, ’ ’ and all amounts then due • shall be paid by the party owing said balance not later than the 15th day of such month, in which event a discount of 2 per cent shall be allowed; that “the duration of this contract shall be five years” from its date; that it shall not include proof reading; and that the work delivered by Tidd shall be “of standard quality and done in a good and workmanlike manner. ’ ’

It is also alleged in the bill that shortly after the execution of the contract the defendants, Lane and Black, “endeavored to handicap” complainant in numerous ways in the performance of his duties under the contract; that they have “unjustifiably found fault with him and criticized his work”; that he not only installed the two machines in the plant of the company, but also there furnished additional equipment at an expense to him of about $5,000; that he engaged experienced typesetters to do the required work and it has been done in a good and workmanlike manner; that at no time was there any cause for criticism or complaint as to the quality of any work or as to the time within which it was completed; that on November 13,1928, “in pursuance of a conspiracy of the said Lane and Black to have the contract terminated,” the company wrote to him a letter, signed by Lane, to the effect that the company “disavowed” the contract for the reason that it has never been authorized or ratified by its board of directors; that to this letter complainant replied to the effect that the contract was a binding one, that he had expended considerable sums in entering the plant of the company and in furnishing equipment, etc., and that the contract had been executed with the full knowledge of the officers and directors of the company; and that since the receipt of the letter he has continued to occupy the premises and the company has given to him typesetting work to do.

It is further alleged that on March 1,1929, the company “increased the rental of said space, occupied by said machines, from $32 per month to $60 per month,” and “required” complainant to pay one-half of the salary of a proofreader, causing an additional expense to him of $65 per month, both in violation of the contract; that the company has “failed to give to him all of its typesetting business,” in violation of the contract; that during November, 1929, it failed to give to him the typesetting work in connection with the printing of a magazine known as the American Dental Magazine, and during December, it failed to give to him other typesetting work in connection with another magazine known as the Illinois Banker’s Magazine, and gave the work to other parties; that it has threatened to deprive complainant of the typesetting work which it receives from Montgomery Ward & Co. in connection with the printing of one of its publications; that during said months it failed to give to him other typesetting work on numerous other jobs; that at all times he has been ready, willing and properly equipped to do all of said work; that because of its failure to give to him all such work he has been “irreparably damaged”; that the average amount of typesetting work given to him by the company from- September 1, 1928, to March 1, 1929, was between $3,200 and $3,500 per month; and that, because it has since failed to give to him all of its typesetting work, his income has been reduced by about $500 or $600 per month.

It is further alleged that, after threats made by Lane and Black to oust complainant from the possession of said space allotted to him, the company on December 31, 1929, caused to be served upon him a written notice, stating that it had elected to terminate his tenancy of the space, and demanding that he vacate and deliver up possession of the same by February 1, 1930.

In addition to a prayer for general relief the bill prays for an accounting, and that defendants, and each of them, be enjoined “from evicting your orator from the space occupied by him” in the company’s plant, “and from giving any of their typesetting work to any person, firm or corporation other than yonr orator and from doing their own typesetting work.” The court on the application for a temporary injunction declined to enjoin any of the defendants from doing their own typesetting work, or from having it done by others than complainant, but entered the temporary injunction as first above mentioned.

It will be noticed that the bill alleges various breaches on the part of defendant company of an unexpired contract and in effect prays, in addition to an accounting, that a court of equity decree specific performance of the contract on the part of defendant company, and that pending the hearing the company be restrained from carrying out its threats to evict complainant from that part of the company’s premises wherein his two machines are installed.

We do not think that the bill states such facts as warrants a court of equity in granting the relief as prayed. And we think what is said in Harley v. Sanitary District, 54 Ill. App. 337, 339, is particularly applicable, viz.:

‘ ‘ The bill does not in terms pray a specific performance of the contract, but under the prayer of general relief, such performance might be enforced if the nature of the contract permitted it, and an injunction as the bill prays would necessitate such enforcement as a consequence; . . . Now, that such a contract cannot be specifically enforced in equity is familiar law. The principle is stated in Grape Creek Coal Co. v. Spellman, 39 Ill. App. 630. As is there said (p. 632): ‘It is apparent that the damages alleged can be ascertained at law, and we see nothing to prevent the application of the general rule, that chancery will not entertain a bill to specifically enforce contracts relating to personal property, nor contracts which by their terms call for a succession of acts whose performance cannot be consummated by one transaction, and which require protracted supervision and direction. ’ And, ‘where an agreement is of such a nature that it is practically impossible for a court to enforce it, and the bill for an injunction is in effect a bill for a specific performance, equity will not interfere. ’ High on Injunctions, sec. 1162.” (See, also, Lee v. Chicago League Ball Club, 169 Ill. App. 525, 530.)

And it is well settled law that, if from the bill it appears that a complainant cannot have the ultimate relief as prayed,, an interlocutory injunction should not be granted. In Hovnanian v. Bedessern, 63 Ill. App. 353, 355, it is said: “The only purpose of an interlocutory injunction is to protect complainant until the merits can be determined. If he can have no relief at the hearing, he can have no interlocutory injunction. ’ ’ (See, also, Koelling v. Foster, 150 Ill. App. 130, 134; Peoples Gas Light & Coke Co. v. Cook Lumber Terminal Co., 256 Ill. App. 357, 361.)

And we think that for other reasons the order for the temporary injunction, under the facts as alleged in the bill, should not be allowed to stand. In 18 Ency. Law (2d Ed.) pp. 171-2, it is said:

“Where the relation of master and servant or employer and employee exists between the owner of the premises and the person occupying them, and the possession of the servant or employee is an incident to the service or employment, the conventional relation of landlord and tenant ordinarily does not exist between the parties with respect to such occupancy. The character of the relation depends upon the nature of the holding, whether it is exclusive and independent of the service and in no way connected therewith, or whether it is so connected or is necessary for the performance of the service. (Citing Chatard v. O’Donovan, 80 Ind. 20.) . . .In determining whether such occupany is incident to the service or employment, the general rule has been laid down that when the occupation by the servant is required by the master for the necessary and better performance of the service, the occupancy is incident to the service, and the relation between the parties is that of master and servant, and not that of landlord and tenant.” (Citing Kerrains v. People, 60 N. Y. 221.)

In the cited Ghatard case it was held in substance that where the occupation of a house by a servant or employee is connected with the service, or is required by the master or employer for the better performance of that service, the occupier is not to be considered as his tenant, and that, upon a termination of the service, the right of the servant or employee to occupy the house ceases. In the cited Kerrains case, under a similar state of facts, it was held in substance that a tenancy at will or at sufferance does not spring up immediately upon the termination of the service but that, to have that effect, the subsequent occupancy must be sufficiently long to warrant an inference of consent to a different holding; and it was further held that the deduction of a specified sum from the wages for the use of the premises, though a material circumstance, was not conclusive as to the nature of the holding.

In Crain v. Burnett, 190 Ill. App. 407, it appears that in 1904, a Mrs. Hamilton entered into a contract with Burnett whereby she was to pay him $50 per year and furnish him with board and lodging in a house on premises in which she had a life estate with all the rights of possession and control during her lifetime, and whereby, in return, Burnett was to render certain specified services, furnish household supplies and also care for her “through health, sickness and death.” In August, 1910, Mrs. Hamilton was found to be a distracted person and one Parsons was appointed conservator of her person and estate, and he, as such conservator and with the approval of the county court, made a contract with Crain- by which he was to move into the premises, care for Mrs. Hamilton and furnish her food, clothing and maintenance, and for which he was to have the use of the premises and $41.65 per month. On August 30, 1910, Crain made written demand on Burnett for the immediate possession of the premises and on the same day the conservator, on behalf of Mrs. Hamilton, made written demand on Burnett that he deliver up possession of the premises within 30 days. Burnett, however, continued to live on the premises, and on October 1, 1910, Crain commenced an action in forcible detainer against him. The trial court found Burnett guilty of unlawfully withholding possession of the' premises and entered judgment in favor of Crain. On Burnett’s appeal to the Appellate Court for the Third District the judgment was affirmed. The court in its opinion held (p. 411) that the contract did not give Burnett any right to the possession or any control over the premises during Mrs. Hamilton’s life; that the relation between them was one of master and servant or employer and employee; that the only right of occupancy or possession that Burnett had under the contract was such as was necessary for or incident to the performance of the services to be rendered by him; and that such right did not create the relation of landlord and tenant. After stating that there was no evidence in the record disclosing Burnett’s failure to perform his duties under the contract, the court further held, conceding that he was not in default, that “the demand for possession of the premises was a discharge of appellant (Burnett) and a termination of the contract for service,” and further held:

“Where an employee occupies a house incidentally to his employment and he is discharged, whether the discharge be rightful or wrongful, he must vacate the ■ premises occupied by Mm as such employee. If he fails to leave peaceably, or after doing so returns, he becomes a trespasser and may be ejected by the master although his wages have not been paid.” (Citing 26 Cyc. 996; the Kerrains case, supra; Champion v. Hartshorne, 9 Conn. 564, and other cases.)

In Mackenzie v. Minis, 132 Fa. 323, Mackenzie entered into a three-year contract with his employer, wherein he agreed to perform all the duties of a gardener and manager of his employer’s summer home to the latter’s satisfaction. In addition to a stated compensation he was to be provided free with a house on the premises and with fuel, vegetables, etc. He entered upon his duties and occupied the house. About the middle of the third year his employer notified him in writing that he was discharged and directed him to remove himself and all his effects from the premises by a certain time. He continued to remain, insisting that under the contract he could not be discharged until the expiration of its term. It was held in substance that it was his duty to leave the premises and remove his personal effects, and that his retaimng possession of the house and acting as if there had been no discharge made him a trespasser.

In view of these authorities, we think that defendant company’s notice and demand of December 31, 1929, as alleged in the bill, amounted to a discharge of complainant from his employment and a termination of the contract, and that he, even though wrongfully discharged, was not entitled to the injunetional or other equitable relief as prayed for. If his discharge and the termination of the contract were wrongful, and not because of any default on his part, there is an adequate remedy at law for damages for breach of the contract. In Bartholomae & Roesing Brewing & Malting Co. v. Modzelewski, 183 Ill. App. 352, 363, it is held that, in the absence of special circumstances, “a contract which equity will not interfere directly to enforce by a decree for specific performance, it will not interfere to enforce by the coercion of an injunction against its violation.” (Citing Welty v. Jacobs, 171 Ill. 624.) In Bour v. Illinois Cent. R. Co., 176 Ill. App. 185, 199, it is "held that on a breach of contract the mere difficulty of computation of damages, as distinguished from the impossibility of such computation, the difficulty being unmingled with some other element making legal relief inadequate, will not warrant the use of an injunctive process to enforce the keeping of the contract.

Our conclusion is that the order for the temporary injunction appealed from was improvidently granted, and it is accordingly reversed.

Reversed.

Barnes, P. J., and Scanlan, J., concur.


source: Caselaw Access Project

author: Mr. Justice Scanlan

license: Public Domain

text:
    Patrick Conway and George H. Mollan, Plaintiffs in Error, v. John Gill, Defendant in Error.
    Gen. No. 34,036.

      Opinion filed May 29, 1930.
    William T. Pridmore, for plaintiffs in error; George H. Mollan, Pro Se, of counsel.
    Charles L. Mahony, for defendant in error; Charles L. Mahony and Richard D. Quinlan, of counsel.
   Mr. Justice Scanlan

delivered the opinion of the court.

Plaintiffs in error sue out this writ of error to reverse or to have expunged from the record a judgment of the Superior Court of Cook County entered March 5, 1929, vacating and declaring void and of no effect a judgment order of that court entered June 14, 1928. Patrick Conway sued John Gill in that court in an action in case. The declaration alleged (inter alia) that defendant owned and controlled a certain two-story building in Chicago and that plaintiff rented from defendant the second floor of said building; that defendant negligently and carelessly maintained the building and that certain parts of it became broken and separated from other portions of it and that while plaintiff was in the exercise of due care and caution for his own safety, by reason of the negligence of defendant the ceiling in the front room of the second floor of the premises dropped and struck plaintiff on the foot and he was thereby seriously injured. Defendant filed a plea of the general issue. There was an ex parte trial of the cause on June 14, 1928, before the court, with a jury, and a verdict was returned finding defendant guilty and assessing plaintiff’s damages at $2,500. On the same day judgment was entered. On January 7,1929, defendant filed a motion in writing to vacate the judgment and to set aside the verdict on the ground that the verdict and judgment were the result of fraud and circumvention perpetrated by plaintiff upon the court. Four affidavits were filed in support of the motion. The affidavits of Loretta Y. G-ill and William Fox tended to prove that the testimony offered by plaintiff on the trial in respect to his alleged injuries was untrue. An affidavit of Charles L. Mahoney, the present attorney for defendant, states that he was retained by defendant January 2, 1929; that he had investigated the case and is informed and believes that plaintiff, on the trial, testified that he was injured because of plaster falling from the ceiling upon his foot or leg and that he was laid up in the house for two or three days and then went to the doctor daily for some time because of such injury and that he did not work during that time; that this testimony was material to the issue in the case and affiant caused an examination to be made concerning the facts so testified to by plaintiff and that from such investigation he believes and asserts that plaintiff was guilty of perjury and fraud, which brought about the verdict in the case. An affidavit of defendant states that about the last day of May, 1927, about a yard of plaster in the corner of the living room in the flat occupied by plaintiff fell to the floor; that plaintiff complained to him that some of his Yictrola records had been broken by the plaster but that he made no mention whatever of having been injured or struck by any of the plaster; that plaintiff never complained to defendant that the plaster in said room was cracked or broken at any time during the time that he occupied the flat and that defendant never promised plaintiff “to plaster or repair the plaster;” that the day after the plaster fell plaintiff was not in his premises and the wife of the latter told defendant that plaintiff was at work; that prior to the time of the alleged injury to plaintiff the latter was in arrears for his rent and defendant was compelled to take proceedings to dispossess him and that plaintiff then threatened to get even with defendant for putting him out of the premises; that when defendant was sued in the instant case he gave the summons to one Frank, an attorney, and retained him to defend the suit; that from time to time he saw said attorney and asked him concerning the case and that the latter repeatedly told defendant that it would not come up until the fall of 1928; that defendant did not know that the case was on the court calendar or had been reached for trial until an execution was served upon him by the sheriff on July 7, 1928; that he immediately went to Frank, who told him that the case would not be up until the fall and that he then showed Frank the copy of the execution and the latter advised him to pay the judgment ; that he then saw Mr. Tucker, an attorney, who promised that he would make a motion to have the judgment set aside; that this attorney promised him from week to week that he would call up the motion; that on December 31,1928, he received a notice of sale of his property for payment of the judgment; that Mr. Tucker then told him that he could do nothing for him and that he would have to settle the judgment; that he then retained Mr. Mahoney, his present attorney; that he verily believes that the plaster did not fall upon plaintiff and that he can make proof to that effect; that he verily believes that plaintiff was not injured on account of the plaster falling and that he continued to work daily at his employment until the time that defendant began proceedings to have him dispossessed of the premises. Counsel for defendant called up for disposition the said motion and at the same time requested the court to hear witnesses for the' purpose of determining if perjury and fraud had been perpetrated on the court, and thereupon counsel for plaintiff in error Patrick Conway presented a written motion to the court to deny the motion of defendant “for lack of jurisdiction in this court to entertain said motion; the judgment herein having been entered at the June, A. D. 1928, term of this court and the affidavits filed in support of said motion fail to show any ground on which this court may acquire jurisdiction of the subject matter.” This motion was denied, the court holding that he had the right to entertain the motion and to determine from the evidence offered whether perjury had been committed upon the trial of the cause. Thereupon certain witnesses were sworn and gave evidence tending to prove that testimony offered by the plaintiff on the trial of the cause as to the alleged accident and injuries was false and perjured. On March 5, 1929, at the conclusion of the hearing, the court, over the objection of the plaintiff in error Conway, entered the following order: ‘ This matter coming on to be heard upon motion made by the defendant to set aside a judgment . . . and this court having read the affidavits in support of said motion and having heard the testimony of the witnesses on behalf of the plaintiff in opposition to said motion, Finds: That the judgment entered in favor of the plaintiff and against the defendant in this case on June láth 1928 was obtained by fraud and circumvention practiced upon the court by plaintiff, and does order that said judgment be quashed, and upon a motion for a new trial made by the defendant, the verdict entered in this case in favor of the plaintiff and against the defendant for the sum of Twenty-five Hundred ($2500) Dollars is hereby set aside and a new trial granted to the defendant, upon the ground that said verdict was obtained by fraud and circumvention practiced upon the court and the jury before whom said case was tried.” Before the entry of the judgment, plaintiff in error Conway objected to the entry of the same on the ground that the court was without jurisdiction or power to set aside the judgment of June 14, 1928.

It is not disputed that the only fraud or circumvention that defendant proved or attempted to prove in support of his motion was the alleged perjury committed in behalf of plaintiff in error Conway upon the trial of the cause before the court and jury. Immediately after the entry of the judgment order plaintiff in error Conway moved the court to expunge the order from the records of the court upon the ground that the court was without jurisdiction or power to enter the same. The court overruled this motion.

Plaintiffs in error contend that the motion to vacate is in the nature of a writ of error coram nobis and that that writ does not lie for alleged false testimony at the trial. It is undoubtedly the law of this state that the writ of error coram nobis will not lie for alleged false testimony at the trial. (The People v. Drysch, 311 Ill. 342, 349-50.) Defendant in error concedes that this is the law, but he contends that his motion to vacate was not made under section 89 of the Practice Act and that “courts of record possess an inherent common law power to vacate and set aside a judgment obtained by fraud or collusion, which is not dependent upon legislation,” that “the judge before whom the case is tried has jurisdiction of the case to inquire either upon motion, petition or sua sponte, whether fraud has been committed upon the court in the proceedings which led to the verdict and judgment at any time after the rendition of said judgment and is not confined to the term at which the judgment is.entered,” and that under this common law power the trial court had the right to vacate the judgment because it appeared from the evidence offered in support of the motion of defendant in error that the verdict of the jury and the judgment entered thereon were procured by perjured testimony given in the trial of the case. The general rule is that a court has power to vacate a judgment at any time after the expiration of the term where the court was without jurisdiction to enter judgment, “and also that where a judgment has been obtained through fraud, such fact constitutes a sufficient reason for vacating it after the term in which it was rendered. The fraud, however, must be a fraud committed by one of the parties on the court and not the perjury of a witness.” (The People v. Drysch, supra, 348-9. Italics ours.) Defendant in error cites, in support of his contention, City of Chicago v. Nodeck, 202 Ill. 257, and Nugent v. Metropolitan St. R. Co., 46 N. Y. App. Div. 105. Certain language in City of Chicago v. Nodeck, supra, upon which defendant in error relies, is fully explained in The People v. Drysch, supra. While it is unnecessary for us to decide whether or not Nugent v. Metropolitan St. R. Co., supra, sustains the contention of defendant in error, in view of the decision of our Supreme Court in The People v. Drysch, supra, nevertheless, we may say that the New York court announced its adherence to the general rule that a judgment will not be vacated, after term time, merely because it is based upon or procured by perjured testimony, but held, however, that the facts in that case proved that the attorney for the plaintiff, for the purpose of obtaining a verdict and judgment, inspired and manufactured perjured testimony and entered into a conspiracy with the witnesses who testified to the same, and that such conduct on the part of the plaintiff’s attorney constituted a fraud upon the court.

Defendant in error contends that “the plaintiffs in error can raise the point, that the judgment was improperly set aside, only by proceeding again to trial in the case which is pending and prosecuting a writ of error from whatever judgment might be rendered on the second trial - of the case.” There is no merit in this contention. As the trial court was without jurisdiction or power to vacate the judgment of June 14, 1928, for alleged perjury committed on the trial of the case, the judgment of March 5, 1929, was a void order and plaintiffs in error had the right to sue out a writ of error to set aside the same.

The judgment order of the Superior Court of Cook County entered March 5,1929, is reversed.

Judgment order of March 5, 1929, reversed.

Barnes, P. J., and Gridley, J., concur.


text:
    Benjamin B. Morris, Appellant, v. Interstate Iron & Steel Company et al., Appellees.
    Gen. No. 34,050.

      Opinion filed May 29, 1930.
    Litsinger, Healy & Reid, for appellant.
    Homer E. Black, Edward R. Johnston and James W. Hyde, for appellees; Edward R. Johnston, of counsel.
   Mr. Justice Scanlan

delivered the opinion of the court.

Benjamin B. Morris, complainant, filed his bill for an injunction against Interstate Iron & Steel Company, a corporation, Central Alloy Steel Corporation, a corporation, et al., defendants. The chancellor sustained a general demurrer to the bill. Complainant electing to stand by the bill it was dismissed for want of equity. This appeal followed.

The bill alleges that complainant is a stockholder of the Interstate Iron & Steel Company, a corporation, organized under the laws of Illinois; that its capital stock is composed of 600,000 shares of common stock of no par value, of which 250,000 shares are outstanding, and of approximately 20,000 shares of preferred stock of the par value of $100 each; that the object for which it was organized was to manufacture, buy, sell, and otherwise deal or traffic in iron, steel, etc.; that it operated a plant at East Chicago, Indiana, and two plants in Chicago, Illinois, and that all of its property and assets are of the value of $17,000,000; that about October 2, 1929, it entered into a written agreement with Central Alloy Steel Corporation, a corporation organized under the laws of New York, which agreement provided for the conveyance and transfer of the entire property, assets and business of the Illinois corporation to the New York corporation, and for the assumption by the latter corporation of all the debts and obligations of the Illinois corporation and for the delivery to jibe Illinois corporation or. its nominees of 318,750 shares of no par value stock of the New York corporation, to be distributed to the common stockholders of the Illinois corporation in the proportion of 1.275 shares of stock of the New York corporation for each share of the 250,000 shares of the common stock of the Illinois corporation; “that the contract or agreement between the Interstate Iron & Steel Company and the Central Alloy Steel Corporation was on October 16, 1929, submitted to a Special Meeting of the stockholders of the Interstate Iron & Steel Company and declared by the officers of said corporation to have been approved by the requisite vote of said stockholders;” “that the said officers and directors of the said Interstate Iron & Steel Company have indicated their intention to and are proceeding to make a conveyance and transfer of the entire property, assets and business of the said Interstate Iron & Steel Company to the said Central Alloy Steel Corporation, in accordance with the provisions of said contract above mentioned;” “that the said Central Alloy Steel Corporation is not incorporated under the laws of the State of Illinois,” and “that the said agreement for the transfer of the entire property, assets and business of the said Interstate Iron & Steel Company to the said Central Alloy Steel Corporation for shares of stock in said Central Alloy Steel Corporation was in effect an agreement for a merger and consolidation of the said Interstate Iron & Steel Company, a domestic corporation, with said Central Alloy Steel Corporation, a foreign corporation, for which said merger and consolidation there is no statutory authority, but that such merger and consolidation between a domestic and a foreign corporation is against public policy, without statutory authority and invalid, and in contravention to the rights and interests of your orator as a stockholder in said Interstate Iron & Steel Corporation.” The bill prays that the agreement between the Illinois corporation and the New York corporation be declared invalid and that it be cancelled and declared null and void and that all of the defendants may be enjoined from carrying out the provisions of the agreement and from conveying and transferring the property, assets and business of the Illinois corporation to the New York corporation.

Complainant contends that “the proposed transfer and conveyance of all the property, assets and business was not a sale but was a merger or consolidation,” and that “there is no statutory authority in Illinois for the merger or consolidation of a domestic corporation with a foreign corporation and the proposed transaction is against the law of Illinois and invalid.” Defendants contend that “an Illinois corporation has express statutory power to sell all of its property and assets with the consent of two-thirds of its stockholders;” that “the allegations of the bill of complaint make it clear that the agreement between the Interstate Iron & Steel Company and the Central Alloy Steel Corporation was not an agreement for consolidation or merger,” and that “the allegations of the bill of complaint are entirely consistent with a contract for the sale of the entire corporate assets of the Interstate to the Central Alloy.”

The contentions of complainant that a corporation has no power to consolidate with another corporation unless the power is expressly conferred, and that there is no statutory authority in Illinois for the merger or consolidation of a domestic corporation with a foreign corporation, are sound and not disputed. (See Am. L. & T. Co. v. M. & N. R. R. Co., 157 Ill. 641; Loughlin v. U. S. School F. Co., 118 Ill. App. 36.) The contention of defendants that an Illinois corporation has express statutory power to sell all of its corporate assets with the consent of the owners of two-thirds of all outstanding capital stock of the corporation at any annual meeting or at any special meeting called for that purpose, is also sound. (See subparagraph (9) of Sec. 6 of the General Corporation Act; also Johnson v. The Motel Lawrence Corp., 337 Ill. 345, 352.)

The sole question to determine is, Was the agreement, in effect, one for a merger or consolidation of the Illinois corporation with the New York corporation? If it was, the demurrer should have been overruled. If it was not, the action of the chancellor in sustaining the demurrer and in dismissing the bill was a proper one.

In support of his contention that the agreement was one for a merger or consolidation, the complainant relies upon the case of Chicago, Santa Fe & C. Ry. Co. v. Ashling, 160 Ill. 373. This case involved a transaction between two railroad companies under the provisions of “An Act to Increase the Powers of Railroad Corporations,” approved June 30, 1885, which provides (inter alia) for consolidation of railroad companies by a transfer from one railroad corporation to the other of all of the vendor’s property and assets and its corporate rights and franchises. In that case there was involved the question as to whether or not the consolidated railroad corporation was estopped, when sued upon a judgment obtained against one of the constituent companies, to assert that the proceedings for consolidation were not in accordance with the terms of the consolidation statute, and that “the transaction was not a consolidation, but only a purchase by and sale to it of all the property, rights and franchises of the St. Louis company,” under the Act of June 30, 1885. The court held that the consolidated railroad corporation was estopped from so asserting, and they further held that the transaction in question was a consolidation of the St. Louis company with the Santa Fe company for the reason that “by the transaction the St. Louis company was left without property, corporate rights or franchises of any kind, and without stockholders. All'of these were transferred bodily to the Santa Fe company, and became united, respectively, with the property, rights, franchises and stockholders of the latter company.” One of the effects of the transaction, as was pointed out in the opinion, was to incorporate in the Santa Fe company the stockholders of the St. Louis company, thus “combining all of the stockholders of each company in one. ’ ’ The distinction between the Ashling case and one akin to that presented in the present bill is clearly pointed out by Mr. Justice Ball in Hiles v. C. A. Hiles & Co., 120 Ill. App. 617.

“A true consolidation, which exists where a new corporation springs into existence to assume the liabilities of the former corporations and the prior corporations are dissolved and cease to exist, should be distinguished from a merger which exists where one corporation is continued and the others are merged in it without the formation of a new corporation.” (14a C. J. 1054.)

“In ordinary legal phraseology, the term ‘consolidation’ is generally used to indicate the act and result of uniting two or more corporations into one under a new name. A ‘merger’ takes place where one of the constituent corporations remains in existence absorbing or merging in itself all the other companies. In a merger of two or more companies, one of the merging corporations continues to survive and succeeds to the franchise and acquires the property and assets of the other constituent corporations.” (Collinsville Nat. Bank v. Esau, 74 Okla. 45, 176 Pac. 514, 516.)

The effect of consolidation “is the dissolution of the constituent companies. They cease to exist as legal entities. A new corporation comes into existence having all the property, rights, powers and franchises, and subject to all the duties and obligations, of both the constituent companies. (Ohio and Mississippi Railway Co. v. People, 123 Ill. 467; People v. Louisville and Nashville Railroad Co., 120 id. 48.) ” (Scheidel Coil Co. v. Rose, 242 Ill. 484, 487. See also Chicago Title & Trust Co. v. Doyle, 259 Ill. 489.) In this last case the court also refers to the Ashling case and points out that the ruling in that case that the transaction was a consolidation and not a purchase was based upon the fact “that the St. Louis company was left without property, corporate rights, franchises or stockholders. ’ ’

The only statutory provisions by which two industrial companies can merge or consolidate in this state are found in the Corporation Act, Sections 65 to 72, inclusive, Cahill’s Ill. Rev. St. (1929) p. 677. While this act permits only domestic corporations to merge or consolidate, nevertheless, we may determine from its provisions what constitutes a merger or consolidation under our law. Section 65 provides that two or more corporations organised under the law of this state may “merge or consolidate into a single corporation,” and further provides as to the name that the corporation formed by the merger or consolidation may take. Section 69 provides that when the merger or consolidation has been effected ‘ ‘ the merged or consolidated corporations shall be a single corporation.” Section 70 provides that “such single corporation” shall thereupon and thereafter possess all the rights, powers and franchises, as well as the property, real, personal, and mixed, belonging to each of the corporations, and all of the property, rights, privileges, immunities, powers and franchises shall be as effectually the property “of the single corporation” as they were of the several and respective merging or consolidating corporations. A merger or consolidation under our statute is a merger of corporate entities, and after all the necessary steps have been taken there is but one entity, which possesses “all the rights, powers and franchises, as well as all of the property, real and personal,” of the constituent corporations. Under this act, when a certificate of merger or consolidation is issued it has the effect of vesting in the consolidated corporation all of the property, rights, privileges, immunities, powers and franchises of the constituent corporations. The change in title is effected by operation of law and no conveyance is necessary. In Southern Ill. Gas Co. v. Commerce Com., 311 Ill. 299, it was held that the consolidation of two or more corporations, under the act, dissolved the original corporations and created a new one. The court further said:

“A consolidation is not a purchase but is referred to in the statute as a merger. It has, perhaps, some of the qualities of a purchase, but it is a .union of the rights and obligations of the original corporations which go out of existence and for which the single new corporation is substituted.”

The contract alleged in the present bill is not one by which two corporations agree to go out of existence and permit a new corporation to succeed to their corporate rights and franchises, nor is it one where one corporation is continued and the other merged, but it is a sale by one corporation of its property and assets to another, both corporations continuing to exist. The Illinois corporation did not agree to transfer its corporate franchise to the New York corporation, nor could it sell its franchise. (See People v. Union Gas Co., 254 Ill. 395, 404.) Nor was the Illinois corporation dissolved by the sale of all of its property. (Reichwald v. Commercial Hotel Co., 106 Ill. 439, 451-2; People v. Union Gas Co., supra.) In the instant case certain stock of the New York corporation was to be delivered to the Illinois corporation, and when the delivery was effected, the latter corporation would then have assets, its common and preferred stockholders and its franchise.

Section 6 of the Corporation Act defines the “powers, rights and privileges generally” of corporations organized under the act. Subparagraph (9) of this section reads as follows: “(9) To lease, exchange or sell all of the corporate assets with the consent of two-thirds of all the outstanding capital stock of the corporation at any annual meeting or at any special meeting called for that purpose.” In Johnson v. Hotel Lawrence Corp., supra, where the court was called upon to pass upon a sale arising under sub-paragraph (9), it said (p. 352):

“Under the general Corporation act in force on June 28, 1927, any corporation organized under the act had the right to sell all of its corporate assets with the consent of the owners of two-thirds of all outstanding capital stock of the corporation at any annual meeting or any special meeting called for that purpose.”

There is nothing in the language of the statute that prohibits the Illinois corporation from selling its property and assets to a corporation organized under the laws of a sister state. In our judgment it is clear that the contention of the complainant that the agreement was one for consolidation and merger is without merit and we are unable to see why it is not one for the sale of the entire corporate assets of the Ulinois corporation to the New York corporation. The usual incidents of a sale of the corporate assets by one corporation to another are present in the agreement and as such a sale is authorized by the statute we think the chancellor was justified in sustaining the general demurrer and dismissing the bill.

The decree of the Circuit Court of Cook County is affirmed.

Affirmed.

Barnes, P. J., and Gridley, J., concur.


author: Mr. Presiding Justice McSurely

text:
    First District.
    Theodore J. Mangen, administrator of the estate of Theodore J. Mangen, Jr., deceased, appellee, v. Centennial Laundry Company, appellant.
    Gen. No. 33,727.
    Opinion filed March 17, 1930.
    Rehearing denied March 31, 1930.
    Philip H. Treacy, for appellant. Crahen, Sullivan, O’Toole & Sullivan, for appellee.
   Mr. Presiding Justice McSurely

delivered the opinion of the court.


text:
    Nora Johnson, appellee, v. James Johnson, appellant.
    Gen. No. 33,787.
    Opinion filed March 17, 1930.
    William C. Smith, for appellant. No appearance for appellee.
   Mr. Presiding Justice McSurely

delivered the opinion of the court.


text:
    Foreman Trust & Savings Bank, administrator of the estate of Thomas M. Runnels, deceased, appellee, v. Chicago & Eastern Illinois Railway Company, appellant.
    Gen. No. 33,796.
    Opinion filed March 17, 1930.
    Edward W. Rawlins, for appellant; K. L. Richmond, of counsel. E. Leslie Cole and Charles C. Spencer, for appellee.
   Mr. Presiding Justice McSurely

delivered the opinion of the court.


text:
    Gustav Hoffman, appellant, v. John H. McGeary et al., appellees.
    Gen. No. 33,986.
    Opinion filed March 17, 1930.
    Rehearing denied March 31, 1930.
    Frederick A. Gariepy, for appellant. Timothy J. Fell, for appellees.
   Mr. Presiding Justice McSurely

delivered the opinion of the court.


text:
    Gust Gross, appellee, v. Joseph Rylko, appellant.
    Gen. No. 34,006.
    Opinion filed March 17, 1930.
    Hutson & Traeger, for appellant; John D. Bolger, of counsel. No appearance for appellee.
   Mr. Presiding Justice McSurely

delivered the opinion of the court.


author: Mr. Justice Matchett

text:
    The People of the State of Illinois ex rel. John S. Rusch, defendant in error, v. Harry Schwartz et al., plaintiffs in error.
    Gen. No. 33,654.
    O’Connor, J., took no part in this decision.
    Opinion filed March 17, 1930.
    Rehearing denied March 31, 1930.
    Nash & Ahern, for plaintiffs in error. John A. Swanson, State's Attorney, for defendant in error; Henry T. Chace, Jr., and Edward E. Wilson, Assistant State’s Attorneys, of counsel.
   Mr. Justice Matchett

delivered the opinion of the court.


text:
    Rutherford & Harding, Inc., appellant, v. Paul P. Brandl, appellee.
    Gen. No. 33,745.
    Opinion filed March 17, 1930.
    Moses, Kennedy, Stein & Bachrach, for appellant; Hamilton Moses and Arthur Magid, of counsel. Wm. N. Brady, for appellee; Samuel J. Nordorf and Royal J. Schmidt, of counsel.
   Mr. Justice Matchett

delivered the opinion of the court.


text:
    Vincent Szymanski, appellant, v. Sherman State Bank, appellee.
    Gen. No. 33,802.
    Opinion filed March 17, 1930.
    Rehearing denied March 31, 1930.

      Pines, Morse & Stein and Joseph Wojnowski, for appellant; Clarence T. Morse, of counsel. Joseph F. Elward, for appellee.
   Mr. Justice Matchett

delivered the opinion of the court.


text:
    Frank Kafka and Frances Kafka, appellees, v. Sarah B. Peterson, appellant.
    Gen. No. 33,824.
    Opinion filed March 17, 1930.
    Rehearing denied March 31, 1930.
    Enoch J. Price, for appellant. Bernard W. Vinissky, for appellees.
   Mr. Justice Matchett

delivered the opinion of the court.


text:
    James Petrulas, appellee, v. Julius Salk et al., appellants.
    Gen. No. 33,854.
    Opinion filed March 17, 1930.
    Rehearing denied March 31, 1930.
    Archie H. Cohen, for appellants; Al Martin Curtis, of counsel. Pantelis, Klein & Porikos, for appellee.
   Mr. Justice Matchett

delivered the opinion of the court.


text:
    The People of the State of Illinois ex rel. Thomas J. Caughlin, appellant, v. City of Chicago et al., appellees.
    Gen. No. 33,904.
    Opinion filed March 17, 1930.
    Francis E. Hinckley, for appellant. Samuel A. Ettelson, Corporation Counsel and Francis J. Vurpillat, Assistant Corporation Counsel, for appellees.
   Mr. Justice Matchett

delivered the opinion of the court.


text:
    Emery C. Pronger et al., appellants, v. Millard A. Rauhoff et al., appellees.
    Gen. No. 33,973.
    Opinion filed March 17, 1930.
    Rehearing denied and opinion slightly modified March 31, 1930.
    Judd H. Matthews, for appellants; Roy C. Merrick, of counsel. Wolf & Love, for appellees.
   Mr. Justice Matchett

delivered the opinion of the court.


author: Mr. Justice O’Connor

text:
    Walter G. Manon, formerly trading as Manon & Woolard, appellee, v. Arthur Ross and Martha Ross, appellants.
    Gen. No. 33,919.
    Opinion filed March 17, 1930.
    F. D. Shobe, for appellants. Loucks, Eckert & Peterson, for appellee; C. Floyd White, of counsel.
   Mr. Justice O’Connor

delivered the opinion of the court.


text:
    Dan Dever and Gertrude Y. Dever, defendants in error, v. Inter-State Investment Company et al., defendants. A. L. Salzman, plaintiff in error.
    Gen. No. 33,931.
    Opinion filed March 17, 1930.
    Rehearing denied and opinion slightly modified March 31, 1930.
    Lewis F. Jacobson, Roy C. Merrick and Sidney C. Nierman, for plaintiff in error. Nicholson, Crandall & Snyder, for defendants in error; John R. Nicholson and James I. Johnson, of counsel.
   Mr. Justice O’Connor

delivered the opinion of the court.


text:
    The People of the State of Illinois, defendant in error, v. Emanuel Stern, plaintiff in error.
    Gen. No. 33,968.
    Opinion filed March 17, 1930.
    Edward I. Rothbart, for plaintiff in error; Elwyn E. Long, of counsel. John A. Swanson, State’s Attorney, for defendant in error; Edw. E. Wilson and John Holman, Assistant State’s Attorneys, of counsel.
   Mr. Justice O’Connor

delivered the opinion of the court.


text:
    Riverside Building Corporation, appellant, v. Richard G. Keizer et al., appellees.
    Gen. No. 33,999.
    Opinion filed March 17, 1930.
    Weighstill Woods, for appellant. Tenney, Harding, Sherman & Rogers and Jacob Diamond, for appellees; S. Ashley Guthrie, of counsel.
   Mr. Justice O’Connor

delivered the opinion of the court.


text:
    Builders & Manufacturers Mutual Casualty Company, appellee, v. Cowles Fire Escape Works, appellant.
    Gen. No. 34,009.
    Opinion filed March 17, 1930.
    Edward Maher, for appellant; George A. Gordon, of counsel. Loesch, Scofield, Loesch & Richards, for appellee; Oscar Lindstrand, of counsel.
   Mr. Justice O’Connor

delivered the opinion of the court.


text:
    Holzer, Inc., appellee, v. Max Astrahan et al., defendants, on interlocutory appeal of L. Milton Husak and Aletta Husak, appellants.
    Gen. No. 34,317.
    Opinion filed April 3, 1930.
    Kenneth F. Simpson, for appellants. Pritzker & Pritzker, for appellee; R. L. Freeman, of counsel.
   Mr. Justice Matchett

delivered the opinion of the court.


author: Mr. Presiding Justice Barnes

text:
    John E. Paterson, trading as J. E. Paterson Lumber Company, defendant in error, v. Will H. Rolff, plaintiff in error.
    Gen No. 33,812.
    Opinion filed April 22, 1930.
    Trainor & Trainor, for plaintiff in error. Culver, Andrews & King, for defendant in error; James B. McKeon, of counsel.
   Mr. Presiding Justice Barnes

delivered the opinion of the court.


text:
    Vera Burt, appellee, v. Yellow Cab Company, appellant.
    Gen. No. 33,846.
    Opinion filed April 22, 1930.
    Samuels, Costello & Greenberg and John A. Bloomingston, for appellant. Irving G. Zazove, for appellee.
   Mr. Presiding Justice Barnes

delivered the opinion of the court.


text:
    Edward Hines Lumber Company et al., appellants, v. American Magnesia Products Company et al., appellees.
    Gen. No. 33,888.

      Opinion filed April 22, 1930.
    Rehearing denied May 5, 1930.
    E. S. and J. W. Cummings, for appellant R. F. Conway Co.; Frank E. Dingle, for appellants W. H. Warford and Subway Engineering Co.; Moses, Kennedy, Stein & Bachrach, for appellant C. H. Wilcox; E. S. Cummings, Frank E. Dingle and Walter Moses, of counsel. Church, Haft, Robertson & Crowe, for appellees.
   Mr. Presiding Justice Barnes

delivered the opinion of the court.


text:
    William Conis, appellee, v. Frank A. Carelin, appellant.
    Gen. No. 33,896.
    Opinion filed April 22, 1930.
    Rehearing denied May 5, 1930.
    Loesch, Scofield, Loesch & Richards, for appellant. Edwin Hamilton and John A. Brown, for appellee.
   Mr. Presiding Justice Barnes

delivered the opinion of the court.


text:
    Paul C. Johnson, appellant, v. Beneke Manufacturing Company, appellee.
    Gen. No. 33,909.
    Opinion filed April 22, 1930.
    Rehearing denied May 5, 1930.
    Fyffe & Clarke, for appellant. Miller, Gorham & Wales, for appellee.
   Mr. Presiding Justice Barnes

delivered the opinion of the court.


text:
    Joseph H. Beuttas, appellee, v. Edward A. Garvey, appellant.
    Gen. No. 33,917.
    Opinion filed April 22, 1930.
    John A. Pakenham and George V. McIntyre, for appellant. Sonnenschein, Berkson, Lautmann & Levinson, for appellee; Henry S. Moser, of counsel.
   Mr. Presiding Justice Barnes

delivered the opinion of the court.


text:
    Ralph H. Jackson, defendant in error, v. G. Clyde Ferson, plaintiff in error.
    Gen. No. 33,964.
    Opinion filed April 22, 1930.

      Harold L. Reeve, for plaintiff in error; Andrew C. Hamilton, of counsel. Edelson & Paullin, for defendant in error; Hyland J. Paullin, of counsel.
   Mr. Presiding Justice Barnes

delivered the opinion of the court.


text:
    Tom Entimore, appellee, v. Bernard W. Snow, bailiff of the municipal court of Chicago and Gus Pihos, appellants.
    Gen. No. 33,984.
    Opinion filed April 22, 1930.
    Richard Hill, Jr. and Charles S. Milan, for appellants. Constantine Panutsos, for appellee.
   Mr. Presiding Justice Barnes

delivered the opinion of the court.


text:
    Peter J. Donohue, appellee, v. Trustees System Reinco Company, appellant.
    Gen. No. 33,994.
    Opinion filed April 22, 1930.
    Edward C. Wurtele, for appellant. Cooney & Verhoeven, for appellee.
   Mr. Presiding Justice Barnes

delivered the opinion of the court.


text:
    Isadore Berger, appellee, v. Crane Company, appellant.
    Gen. No. 34,003.
    Opinion filed April 22, 1930.
    Rehearing denied May 5, 1930.
    Alden, Latham & Young, for appellant; W. L. Quinlan, of counsel. No appearance for appellee.
   Mr. Presiding Justice Barnes

delivered the opinion of the court.


text:
    Leo Simon for use of Roll-A-Way Bed Corporation, appellee, v. N. Simon, trading as N. Simon & Company, appellant.
    Gen. No. 34,014.
    Opinion filed April 22, 1930.
    Rehearing denied May 20, 1930.
    Harold A. Fein, for appellant. Pennish & Rashbaum, for appellee.
   Mr. Presiding Justice Barnes

delivered the opinion of the court.


text:
    The People of the State of Illinois, defendant in error, v. Lovey Andrews, plaintiff in error.
    Gen. No. 34,041.
    Opinion filed April 22, 1930.
    W. G. Anderson, for plaintiff in error. John A. Swanson, State’s Attorney, for defendant in error; Edward E. Wilson and John Holman, Assistant State’s Attorneys, of counsel.
   Mr. Presiding Justice Barnes

delivered the opinion of the court.


author: Mr. Justice Gridley

text:
    Arthur M. Glatt and Leslie M. Price, trading as Glatt & Price, appellees, v. Hugo Anderson, appellant.
    Gen. No. 33,771.
    Opinion filed April 22, 1930.
    Rehearing denied May 5, 1930.
    Deneen, Healy & Lee, for appellant; Harry W. Lippincott and Donald N. Schaffer, of counsel. Mayer, Meyer, Austrian & Platt, for appellees; David F. Rosenthal and Frank D. Mayer, of counsel.
   Mr. Justice Gridley

delivered the opinion of the court.


text:
    Adams Clark Building Corporation, appellee, v. Ernest A. Jackson and Richard S. Morris, appellants.
    Gen. No. 33,819.
    Opinion filed April 22, 1930.
    Newby & Murphy, for appellants; John K. Murphy and Geo. M. Burditt, of counsel. Tenney, Harding, Sherman & Rogers, for appellee; Roger Sherman and S. Ashley Guthrie, of counsel.
   Mr. Justice Gridley

delivered the opinion of the court.


text:
    Frank J. Hopkins, appellee, v. Thomas J. Houston et al., appellants.
    Gen. No. 33,852.
    Opinion filed April 22, 1930.
    Rehearing denied May 5, 1930.
    Samuel A. Ettelson, Corporation Counsel and Francis J. Vurpillat, Assistant Corporation Counsel, for appellants. No appearance for appellee.
   Mr. Justice Gridley

delivered the opinion of the court.


text:
    Fitzgerald Construction Company, complainant and appellee, v. Otto A. Altschul et al., defendants. Otto A. Altschul, appellant.
    Gen. No. 33,890.
    Opinion filed April 22, 1930.
    Waugh & Schroeder, for appellant. John J. Sherlock, for appellee; C. B. Chapman, of counsel.
   Mr. Justice Gridley

delivered the opinion of the court.


text:
    James A. Hirschfield, appellant, v. Arthur S. Jackson et al., trading as Jackson Bros., Boesel & Company, appellees.
    Gen. No. 33,920.
    Opinion filed April 22, 1930.
    Soelke, Koehn & Loewy, for appellant. Winston, Strawn & Shaw, for appellees; John C. Slade, Walter A. Wade and Paul H. Moore, of counsel.
   Mr. Justice Gridley

delivered the opinion of the court.


text:
    The People of the State of Illinois, defendant in error, v. James Wrenshaw, plaintiff in error.
    Gen. No. 33,950.
    Opinion filed April 22, 1930.
    Poppenhusen, Johnston, Thompson & Cole, for plaintiff in error; Henry Jackson Darby, of counsel. John A. Swanson, State’s Attorney, for defendant in error; Edward E. Wilson and John Holman, Assistant State’s Attorneys, of counsel.
   Mr. Justice Gridley

delivered the opinion of the court.


text:
    The People of the State of Illinois, defendant in error, v. Michael Murphy, plaintiff in error.
    Gen. No. 33,974.
    Opinion filed April 22, 1930.
    Louis Greenberg, for plaintiff in error. John A. Swanson, State’s Attorney, for defendant in error; Edward E. Wilson and John Holman, Assistant State’s Attorneys, of counsel.
   Mr. Justice Gridley

delivered the opinion of the court.


text:
    The People of the State of Illinois, defendant in error, v. Charles Warren, plaintiff in error.
    Gen. No. 33,975.

      Opinion filed April 22, 1930.
    Louis Greenberg, for plaintiff in error. John A. Swanson, State’s Attorney, for defendant in error; Edward E. Wilson and John Holman, Assistant State’s Attorneys, of counsel.
   Mr. Justice Gridley

delivered the opinion of the court.


text:
    Andrew L. Grotz et al., complainants, v. Catherine Lewis et al., defendants, on appeal of Ward T. Huston, appellant.
    Gen. No. 33,987.
    Opinion filed April 22, 1930.
    Aaron R. Eppstein, for appellant. Oscar M. Meusel, for appellee. G. A. Buresch, guardian ad litem.

   Mr. Justice Gridley

delivered the opinion of the court.


text:
    City of Chicago, appellee, v. Della Fogel, appellant.
    Gen. No. 34,017.
    Opinion filed April 22, 1930.
    Albert Goldman and David J. Bentall, for appellant. Samuel A. Ettelson, Corporation Counsel, and Frank Peska, City Prosecutor, for appellee; George Sugarman and Ransom E. Walker, Assistant City Prosecutors, of counsel.
   Mr. Justice Gridley

delivered the opinion of the court.


text:
    City of Chicago, appellee, v. Sam Reed, appellant.
    Gen. No. 34,018.
    Opinion filed April 22, 1930.
    Rehearing denied May 5, 1930.
    Albert Goldman and David J. Bentall, for appellant; Bernard Stol, of counsel. Samuel A. Ettelson, Corporation Counsel, and Frank Peska, City Prosecutor, for appellee; George Sugarman and Ransom E. Walker, Assistant City Prosecutors, of counsel.
   Mr. Justice Gridley

delivered the opinion of the court.


text:
    Francis W. Peterson, appellant, v. Harold F. Scovel, administrator with the will annexed of the estate of J. W. Bell, deceased, appellee.
    Gen. No. 33,822.
    Opinion filed April 22, 1930.
    Thomas B. Brown, for appellant. Harry C. Kinne, for appellee.
   Mr. Justice Scanlan

delivered the opinion of the court.


text:
    Charles A. Samar, appellee, v. The Roseland State Savings Bank, appellant.
    Gen. No. 33,885.
    Opinion filed April 22, 1930.
    Kirkland, Fleming, Green & Martin, for appellant; Weymouth Kirkland, Vernon M. Welsh and J. B. Cleaver, of counsel. Johnson & Swanstrom, for appellee; George E. Q. Johnson and Luther D. Swanstrom, of counsel.
   Mr. Justice Scanlan

delivered the opinion of the court.


text:
    Oliver W. Holmes et al., appellees, v. Grey Gull Records, Inc., appellant.
    Gen. No. 33,914.
    Opinion filed April 22, 1930.
    Packard, Barnes & McCaughey, for appellant. Sanders, Childs, Bobb & Wescott, for appellee; Dwight S. Bobb and Herman C. Nagel, of counsel.
   Mr. Justice Scanlan

delivered the opinion of the court.


text:
    Dr. A. H. Waddington and Mrs. A. H. Waddington, appellees, v. L. W. Keefe, trading as Superior Roofing Company, appellant.
    Gen. No. 34,000.
    Opinion filed April 22, 1930.
    John J. Sherlock and Weighstill Woods, for appellant. Stanley L. Shetler, for appellees.
   Mr. Justice Scanlan

delivered the opinion of the court.


text:
    Frank Trapp, appellee, v. Roman Kestian and Malgorzata Kestian, appellants.
    Gen. No. 34,020.
    Opinion filed April 22, 1930.
    W. G. Anderson, for appellants. Michael G. Kasper, for appellee.
   Mr. Justice Scanlan

delivered the opinion of the court.


text:
    William Eugene Leslie, by Addie Miller, his next friend, appellee, v. City of Chicago, appellant.
    Gen. No. 33,591.

      Opinion filed April 28, 1930.
    Samuel A. Ettelson, Corporation Counsel and William D. Saltiel, City Attorney, for appellant; Charles M. McDonnell and Theodore Levin, Assistant City Attorneys, and Roy S. Gaskill, Assistant Corporation Counsel, of counsel. Michael W. Kaveney, for appellee.
   Mr. Presiding Justice McSurely

delivered the opinion of the court.


text:
    Charles B. Scoville, appellant, v. W. F. Cotton, appellee.
    Gen. No. 33,600.
    Opinion filed April 28, 1930.
    Petition of appellant and appellee for rehearing denied May 12, 1930.
    Langworthy, Stevens, McKeag & McCornack, for appellant. Hall, Spitz & Rooks, for appellee; Irvin Rooks and Edward Blackman, of counsel.
   Mr. Presiding Justice McSurely

delivered the opinion of the court.


text:
    Delle E. Adams, appellee, v. Eugene Von Hermann, appellant.
    Gen. No. 33,609.
    Opinion filed April 28, 1930.
    John Gibson Hale, for appellant. Louis A. Heile, for appellee.
   Mr. Presiding Justice McSurely

delivered the opinion of the court.


text:
    W. H. Bimson & Company, appellant, v. Elmwood Park State Bank, appellee.
    Gen. No. 33,664.
    Opinion filed April 28, 1930.
    Fried & Redman, for appellant. Robert E. Pendarvis, for appellee.
   Mr. Presiding Justice McSurely

delivered the opinion of the court.


text:
    Arvilla Livingston, defendant in error, v. University Cab Company, Inc., plaintiff in error.
    Gen. No. 33,720.
    Opinion filed April 28, 1930.
    Rehearing denied May 12, 1930.
    John A. Bloomingston and James A. Tracy, for plaintiff in error. Finn & Miller, for defendant in error; Robert S. Cook, of counsel.
   Mr. Presiding Justice McSurely

delivered the opinion of the court.


text:
    W. M. Watson & Company, appellee, v. Andrew Lino and John B. McNerny, trading as Lino-McNerny Company, appellants.
    Gen. No. 33,734.
    Opinion filed April 28, 1930.
    Ernest Kentwortz, for appellants; Benj. Weinberg, of counsel. Clark & Clark, for appellee; Russell S. Clark, of counsel.
   Mr. Presiding Justice McSurely

delivered the opinion of the court.


text:
    The People of the State of Illinois, defendant in error, v. James T. Brewington, plaintiff in error.
    Gen. No. 34,035.
    Opinion filed April 28, 1930.
    W. G. Anderson, for plaintiff in error. John A. Swanson, State’s Attorney, for defendant in error; Edward. E. Wilson and John Holman, Assistant State’s Attorneys, of counsel.
   Mr. Presiding Justice McSurely

delivered the opinion of the court.


text:
    Della Spratt, appellee, v. Fischer Paramount Theatres, Inc., appellant.
    Gen. No. 34,053.
    Opinion filed April 28, 1930.
    John P. Barnes and Clarence N. Boord, for appellant. Thomas J. Young, for appellee.
   Mr. Presiding Justice McSurely

delivered the opinion of the court.


text:
    Sangamon Paper Grading Company, appellee, v. Evening American Publishing Company, appellant.
    Gen. No. 34,094.
    Opinion filed April 28, 1930.
    Keehn, Woods, Weisl & Keeley, for appellant; Harry H. Pollack, of counsel. H. K. Buchman, for appellee.
   Mr. Presiding Justice McSurely

delivered the opinion of the court.


text:
    Daniel L. Madden and Edward J. Kelley, appellants, v. Sarah L. Johnson, appellee.
    Gen. No. 33,735.

      Opinion filed April 28, 1930.
    Rehearing denied May 12, 1930.
    Roy C. Merrick, for appellants; Edward J. Kelley, of counsel. James G. Skinner, for appellee; Edward J. Padden, of counsel.
   Mr. Justice Matchett

delivered the opinion of the court.


text:
    Jennie E. Zechman, trading as Zechman & Company, plaintiff in error, v. Isadore Ossey et al., defendants in error.
    Gen. No. 33,959.
    Opinion filed April 28, 1930.
    Aronson & Aronson, for plaintiff in error. Myer N. Rosengard, for defendants in error; Irving L. Block, of counsel.
   Mr. Justice Matchett

delivered the opinion of the court.


text:
    Pulaski Lumber Company, appellee, v. Gustav E. Seegren, appellant.
    Gen. No. 34,002.
    Opinion filed April 28, 1930.
    Rehearing denied May 12, 1930.
    Ernest A. Eklund and Frederick J. Bertram, for appellant. Hutson & Traeger, for appellee; John D. Bolger, of counsel.
   Mr. Justice Matchett

delivered the opinion of the court.


text:
    The People of the State of Illinois on relation of Dr. Charles E. Scharf, relator, v. Frank M. Padden, Judge of the Municipal Court of Chicago.
    Gen. No. 34,045.
    Opinion filed April 28, 1930.
    Lefkovits & Lefkovits, for respondent. W. J. Lewis and Charles C. Mull, for relator.
   Mr. Justice Matchett

delivered the opinion of the court.


text:
    The People of the State of Illinois on relation of Dr. Frank C. Roe, relator, v. Frank M. Padden, Judge of the Municipal Court of Chicago.
    Gen. No. 34,047.
    Opinion filed April 28, 1930.
    Lefkovits & Lefkovits, for respondent. W. J. Lewis and Charles C. Mull, for relator.
   Mr. Justice Matchett

delivered the opinion of the court.


text:
    Cosmopolitan State Bank, appellant, v. Lake Shore Trust & Savings Bank, appellee.
    Gen. No. 34,091.
    O’Connor, J., dissents.
    Opinion filed April 28, 1930.
    Rehearing denied May 12, 1930.
    Eugene P. Kealy, for appellant. Alden, Latham & Young, for appellee; Hobart P. Young, of counsel.
   Mr. Justice Matchett

delivered the opinion of the court.


text:
    H. O. Stone & Company, appellant, v. E. Conser and Nellie Conser, appellees.
    Gen. No. 34,112.
    Opinion filed April 28, 1930.
    Adams & Adams, for appellant; Leland E. Falder, of counsel. Edward Graff, for appellees.
   Mr. Justice Matchett

delivered the opinion of the court.


text:
    William B. Mundie and Elmer C. Jensen, trading as Mundie & Jensen, appellants, v. Jay W. Rapp, appellee.
    Gen. No. 34,133.
    Opinion filed April 28, 1930.
    Kern, Stiefel & Stiefel, for appellants; Jacob J. Kern and Charles W. Stiefel, Jr., of counsel. No appearance for appellee.
   Mr. Justice Matchett

delivered the opinion of the court.


text:
    Rudolph Kelker and Charles E. De Leuw, trading as Kelker, De Leuw & Company, appellees, v. Robert E. McLain, appellant.
    Gen. No. 34,145.
    Opinion filed April 28, 1930.
    Rehearing denied May 12, 1930.
    A. L. Schaf, for appellant. Tenney, Harding, Sherman & Rogers, for appellees; S. Ashley Guthrie, of counsel.
   Mr. Justice Matchett

delivered the opinion of the court.


text:
    The People of the State of Illinois ex rel. Madeline Boone, appellee, v. Mason Fields, appellant.
    Gen. No. 34,163.
    Opinion filed April 28, 1930.
    Sydney P. Brown, for appellant; Oscar C. Brown and Bindley C. Cyrus, of counsel. John A. Swanson, State’s Attorney, for appellee; Edward E. Wilson and John Holman, Assistant State’s Attorneys, of counsel.
   Mr. Justice Matchett

delivered the opinion of the court.


text:
    Philadelphia Rapid Transit Company, appellant, v. Coast Fir & Cedar Products Company, appellee.
    Gen. No. 33,743.
    Opinion filed April 28, 1930.
    Butler, Lamb, Foster & Pope, for appellant; Allan J. Carter, Arthur Fisher and Thomas Strachan, Jr., of counsel. Silber, Isaacs, Silber & Woley, for appellee.
   Mr. Justice O’Connor

delivered the opinion of the court.


text:
    Frank A. Bella, administrator of the estate of Leonard Kozlowski, deceased, appellee, v. City of Blue Island, Illinois and Charles J. Gemeinhardt. City of Blue Island, Illinois, appellant.
    Gen. No. 33,770.
    Opinion filed April 28, 1930.
    Roy Massena, for appellant; Donald N. Schaffer, of counsel. Ratner, Chapman & Ratner, for appellee.
   Mr. Justice O’Connor

delivered the opinion of the court.


text:
    Val Lombrad, trading as Val Sheet Metal Works, appellee, v. John A. Taft et al., appellants.
    Gen. No. 33,842.
    Opinion filed April 28, 1930.
    Rehearing denied May 12, 1930.
    Klaas & Porter, for appellants; Harry H. Porter, of counsel. Ben Meyers, for appellee.
   Mr. Justice O’Connor

delivered the opinion of the court.


text:
    Maria A. Spahn, executrix and trustee under and by virtue of the last will and testament of Patrick J. Renn, deceased, appellant, v. Brigid Renn, individually and as administratrix of the estate of James J. Renn, deceased et al., appellees.
    Gen. No. 33,889.
    Opinion filed April 28, 1930.
    Frank T. Jordan, for appellant. Nat M. Kahn, for appellees.
   Mr. Justice O’Connor

delivered the opinion of the court.


text:
    Geo. B. Leavitt Company, appellee, v. Novelty Shoe Company, appellant.
    Gen. No. 34,056.
    Opinion filed April 28, 1930.
    Rehearing denied May 12, 1930.
    Moses, Kennedy, Stein & Bachrach, for appellant; Herbert H. Kennedy and Albert Langeluttig, of counsel. Musgrave, Oppenheim & Price, for appellee.
   Mr. Justice O’Connor

delivered the opinion of the court.


text:
    Benjamin T. Newton, appellee, v. Carroll, Schendorf & Boenicke, Inc., appellant.
    Gen. No. 34,139.
    Opinion filed April 28, 1930.
    Henry M. Hagan, for appellant. Haffenberg, Kopald & Burns, for appellee; Harry E. Kopald, Alfred Newton and Joseph Rosenbaum, of counsel.
   Mr. Justice O’Connor

delivered the opinion of the court.


text:
    D. Harold Hoffman and David Becker, trading as Hoffman & Becker, appellants, v. Harry Blatte, appellee.
    Gen. No. 34,160.
    Opinion filed April 28, 1930.
    Max M. Grossman and Samuel Grossman, for appellants. Haffenberg, Kopald & Burns, for appellee; Harry E. Kopald and Joseph Rosenbaum, of counsel.
   Mr. Justice O’Connor

delivered the opinion of the court.


text:
    Tiffany Productions, Inc., appellee, v. William S. Russell, commissioner of police of the City of Chicago, appellant.
    Gen. No. 34,343.

      Opinion filed May 1, 1930.
    Samuel A. Ettelson, Corporation Counsel, William V. Daly and James N. Kearns, Assistant Corporation Counsel, for appellant. No appearance for appellee.
   Mr. Justice Matchett

delivered the opinion of the court.


author: Mr. Presiding Justice Wilson

text:
    Josephine Nolan, appellant, v. John J. Nolan, appellee.
    Gen. No. 33,582.
    Opinion filed May 14, 1930.
    Kern, Stiefel & Stiefel, for appellant; Jacob J. Kern and Charles W. Stiefel, Jr., of counsel. John F. Higgins and Myer H. Gladstone, for appellee.
   Mr. Presiding Justice Wilson

delivered the opinion of the court.


text:
    Marion Wertheimer, by David Wertheimer, her next friend, appellee, v. William J. Ryan Cinder Company et al., appellants.
    Gen. No. 33,780.
    Opinion filed May 14, 1930.
    Albert G. Miller and James Clark Smith, for appellants; Joseph P. Power, of counsel. Finn & Miller, for appellee.
   Mr. Presiding Justice Wilson

delivered the opinion of the court.


text:
    Bert Schreiber, appellee, v. Abe Cohen, appellant.
    Gen. No. 33,792.
    Opinion filed May 14, 1930.
    Abraham Redman, for appellant. Lederer, Livingston, Kahn & Adler, for appellee.
   Mr. Presiding Justice Wilson

delivered the opinion of the court.


text:
    Albert Pick & Company, appellee, v. Chicago Trust Company, appellant.
    Gen. No. 33,823.
    Opinion filed May 14, 1930.
    Defrees, Buckingham, Jones & Hoffman, for appellant; Vincent O’Brien and Einar C. Howard, of counsel. Ringer, Wilhartz & Hirsch, for appellee; Sidney J. Wolf, of counsel.
   Mr. Presiding Justice Wilson

delivered the opinion of the court.


text:
    New York, New Haven & Hartford Railroad Company, appellee, v. W. P. Cooney and T. S. Korshak, trading as Cooney & Korshak, appellants.
    Gen. No. 33,850.
    Opinion filed May 14, 1930.
    Rehearing denied June 2, 1930.
    O’Connell, McGlinn & O’Gallagher, for appellants; Leo N. McGlinn and Kieran P. O’Gallagher, of counsel. Hay & Brown, for appellee; Meyer Morton and Elmer M. Leesman, of counsel.
   Mr. Presiding Justice Wilson

delivered the opinion of the court.


text:
    Eva Fitch Dunne, appellee, v. Cora M. Ives, appellant.
    Gen. No. 33,871.
    Opinion filed May 14, 1930.
    Follansbee, Shorey & Schupp, for appellant; Robert W. Schupp and Loren P. Oakes, of counsel. Jonas O. Hoover, for appellee.
   Mr. Presiding Justice Wilson

delivered the opinion of the court.


text:
    Edward J. Hunt, appellee, v. Monika Bell, appellant.
    Gen. No. 33,881.
    Opinion filed May 14, 1930.
    Cattell & Waldron, for appellant. No appearance for appellee.
   Mr. Presiding Justice Wilson

delivered the opinion of the court.


text:
    Cruver Manufacturing Company, Inc., appellee, v. I. Goldberg Electric Company, appellant.
    Gen. No. 33,887.
    Opinion filed May 14, 1930.
    Epstein & Arvey, for appellant; Louis M. Mantynband and Norman Asher, of counsel. Marcus L. Silver, for appellee; Philip R. Toomin, of counsel.
   Mr. Presiding Justice Wilson

delivered the opinion of the court.


text:
    Hattie Wolfson, appellee, v. Louis Rubin, trading as Rubin Construction Company, appellant.
    Gen. No. 33,900.

      Opinion filed May 14, 1930.
    Abram Z. Zietlein, for appellant. Louis Dunn, for appellee.
   Mr. Presiding Justice Wilson

delivered the opinion of the court.


text:
    Albert Staufenbeil, appellant, v. Edwin Palm, appellee.
    Gen. No. 33,918.
    Opinion filed May 14, 1930.
    F. D. Shobe, for appellant. Joseph G. Sheldon, for appellee.
   Mr. Presiding Justice Wilson

delivered the opinion of the court.


text:
    Alexander Levin, receiver, appellee, v. Albert C. Tumy and Margaret I. Tumy, appellants.
    Gen. No. 33,928.
    Opinion filed May 14, 1930.
    Samuel B. King, for appellants. No appearance for appellee.
   Mr. Presiding Justice Wilson

delivered the opinion of the court.


text:
    Chicago Title & Trust Company, appellee, v. Tower Building Corporation et al., defendants. James H. Hooper, appellant.
    Gen. No. 34,322.
    Opinion filed May 14, 1930.
    Rehearing denied June 2, 1930.
    A. G. Dicus, for appellant. Jacobson, Merrick, Nierman & Silbert and Walter V. Fackler, for appellee.
   Mr. Presiding Justice Wilson

delivered the opinion of the court.


text:
    Chicago Title & Trust Company, complainant, v. Tower Building Corporation et al., defendants. James H. Hooper, appellant, v. Holman D. Pettibone, receiver, appellee.
    Gen. No. 34,340.
    Opinion filed May 14, 1930.
    Rehearing denied June 2, 1930.
    A. G. Dicus, for appellant. Edward Blackman, for appellee.
   Mr. Presiding Justice Wilson

delivered the opinion of the court.


author: Mr. Justice Ryner

text:
    Mary Kleeman, appellee, v. Benton F. Kleeman, appellant.
    Gen. No. 33,597.
    Opinion filed May 14, 1930.
    Frank S. Righeimer, for appellant; Ralph W. Condee, of counsel. Schuyler, Weinfeld & Parker, for appellee; Carl J. Appell and Howard D. Moses, of counsel.
   Mr. Justice Ryner

delivered the opinion of the court.


text:
    Henry E. Gifford, appellee, v. Essco Manufacturing Company, appellant.
    Gen. No. 33,606.
    Opinion filed May 14, 1930.
    Cooke, Sullivan & Ricks, for appellant. Silber, Isaacs, Silber & Wolcy, for appellee.
   Mr. Justice Ryner

delivered the opinion of the court.


text:
    Cedric B. Smith, appellant, v. Central Furniture Packing Company, appellee.
    Gen. No. 33,615.
    Opinion filed May 14, 1930.
    Bulkley, More, Poynton & Overmyer, for appellant. Wm. G. Lesemann, for appellee.
   Mr. Justice Ryner

delivered the opinion of the court.


text:
    Samuel P. Luzzo, appellee, v. William Wallace Rice, trading as Bill Rice Productions, appellant.
    Gen. No. 33,637.
    Opinion filed May 14, 1930.
    Edward P. Saltiel, for appellant. Cohen & Berke, for appellee; Harry F. Brewer, of counsel.
   Mr. Justice Ryner

delivered the opinion of the court.


text:
    John Rybicki, administrator of the estate of Wladyslawa M. Rybicki, deceased, appellant, v. Frank Daniel and Barbara Daniel, appellees.
    Gen. No. 34,115.

      Opinion filed May 26, 1930.
    Melville R. Thomson, for appellant; George H. Sugru, of counsel. Cunat & Cekan, for appellees.
   Mr. Presiding Justice McSurely

delivered the opinion of the court.


text:
    Stanley Chiuzels, appellee, v. Tuthill Building Material Company and City of Chicago, defendants, on appeal of City of Chicago, appellant.
    Gen. No. 34,157.
    Opinion filed May 26, 1930.
    Samuel A. Ettelson, Corporation Counsel, and William D. Saltiel, City Attorney, for appellant; Samuel L. Golan, Kathryn M. Barasa, Assistant State’s Attorneys, and Roy S. Gaskill, Assistant Corporation Counsel, of counsel. Earl J. Walker, for appellee.
   Mr. Presiding Justice McSurely

delivered the opinion of the court.


text:
    Gussie Katz, plaintiff in error, v. National Tea Company, defendant in error.
    Gen. No. 34,254.
    Opinion filed May 26, 1930.
    Morris A. Gold, for plaintiff in error; Irwin S. Rubelle, of counsel. Soelke, Koehn & Loewy, for defendant in error.
   Mr. Presiding Justice McSurely

delivered the opinion of the court.


text:
    New York Bond & Mortgage Company, appellee, v. H. E. McWilliams, appellant.
    Gen. No. 34,282.
    O’Connor, J., dissents in part.
    Opinion filed May 26, 1930.
    A. W. Martin and Edward H. S. Martin, for appellant. No appearance for appellee.
   Mr. Presiding Justice McSurely

delivered the opinion of the court.


text:
    Will Howell & Associates, appellant, v. James A. Carter, appellee.
    Gen. No. 33,754.
    Opinion filed May 26, 1930.
    Allen E. Hoban, for appellant. William L. Kelley, for appellee.
   Mr. Justice Matchett

delivered the opinion of the court.


text:
    R. C. Clark Veneer Company, appellant, v. Irving G. Zazove, appellee.
    Gen. No. 33,845.
    Opinion filed May 26, 1930.
    Edward A. Zimmerman and Robert L. McDougal, for appellant. Irving G. Zazove, for appellee; Michael A. Romano, of counsel.
   Mr. Justice Matchett

delivered th^ opinion of the court.


text:
    The Inman Company, appellee, v. Irving G. Zazove, appellant.
    Gen. No. 33,863.
    Opinion filed May 26, 1930.
    Irving G. Zazove, per se; John B. King, of counsel. Vose & Vose, for appellee; John D. Clancy, of counsel.
   Mr. Justice Matchett

delivered the opinion of the court.


text:
    Tony L. Langston, plaintiff in error, v. Robert S. Abbott Publishing Company, defendant in error.
    Gen. No. 34,031.
    Opinion filed May 26, 1930.
    Bernstein, Zolla & Bernstein, for plaintiff in error; Fred Bernstein and Ralph M. Schwartzberg, of counsel. Matthews & Koegel, for defendant in error; Otto E. Koegel, J. R. Harmon and C. F. Springer, of counsel.
   Mr. Justice Matchett

delivered the opinion of the court.


text:
    Georg Bohnert, appellee, v. National Life Association, appellant.
    Gen. No. 34,059.
    McSurely, P. J., dissents.
    Opinon filed May 26, 1930.
    Rehearing denied June 9, 1930.
    Benj. F. J. Odell, for appellant. Frank A. O’Donnell, A. W. Fulton and J. F. Sheen, for appellee.
   Mr. Justice Matchett

delivered the opinion of the court.


text:
    Chas. A. Stevens & Bros., appellant, v. Chas. J. Bronez, appellee.
    Gen. No. 34,121.

      Opinion filed May 26, 1930.
    Wiley E. Hosier, for appellant. John F. Cashen, Jr., for appellee.
   Mr. Justice Matchett

delivered the opinion of the court.


text:
    Fred W. Maikranz, appellee, v. Mohawk Electric Corporation et al., appellants.
    Gen. No. 34,154.
    Opinion filed May 26, 1930.
    Pritzker & Pritzker, for appellants; Harry N. Pritzker and Reuben L. Freeman, of counsel. John B. King, Leo. G. Hana and Charles E. Jack, for appellee; Irving G. Zazove, of counsel.
   Mr. Justice Matchett

delivered the opinion of the court.


text:
    Mr. W. B. Montgomery and Mrs. W. B. Montgomery, defendants in error, v. Dr. Charles Bramwell, plaintiff in error.
    Gen. No. 34,176.
    Opinion filed May 26, 1930.
    Rehearing denied June 9, 1930.
    Rubenstein & Becker, for plaintiff in error. Paul E. Keller and Ammon L. Miller, for defendants in error.
   Mr. Justice Matchett

delivered the opinion of the court.


text:
    John Tomaszkiewicz, a minor, by Anna Bartko, his mother and next friend, appellee, v. City of Chicago, appellant.
    Gen. No. 34,088.
    Opinion filed May 26, 1930.
    Samuel A. Ettelson, Corporation Counsel, and William D. Saltiel, City Attorney, for appellant; Samuel L. Golan, Assistant City Attorney, and Roy S. Gaskill, Assistant Corporation Counsel, of counsel. Murphy O. Tate, for appellee.
   Mr. Justice O’Connor

delivered the opinion of the court.


author: Mr. Justice O'Connor

text:
    In re Estate of Peter J. Wilson, deceased. Louis Wilson, executrix of the estate of Peter J. Wilson, deceased, appellant, v. Charles Wilson, claimant below, appellee.
    Gen. No. 34,097.

      Opinion filed May 26, 1930.
    Rehearing denied June 9, 1930.
    McCulloch & McCulloch, for appellant; Hugh W. McCulloch, of counsel. Erich E. Pacyna, for appellee.
   Mr. Justice O'Connor

delivered the opinion of the court.


text:
    Fred W. Moxey, appellant, v. Izola Moxey, appellee.
    Gen. No. 34,151.
    Opinion filed May 26, 1930.
    Myron E. Wisch, for appellant; Sidney R. Tarkoff, Nathan Einhorn and Charles R. Haussner, of counsel. Nelson, Wilson & Fithian, for appellee; C. D. Fithian, of counsel.
   Mr. Justice O’Connor

delivered the opinion of the court.


text:
    Clyde Roseboom, appellee, v. George E. Dernbach, appellant.
    Gen. No. 34,245.
    Opinion filed May 26, 1930.
    Rehearing denied June 9, 1930.
    Krinsky, Levitan & Glassner, for appellant. J. Edward Newberger, for appellee.
   Mr. Justice O’Connor

delivered the opinion of the court.


text:
    John F. Amberg for use of Clarence Lauten, appellee, v. Nick Maheras, appellant.
    Gen. No. 34,011.
    Opinion filed May 28, 1930.
    Charles Waldman, for appellant; Clyde C. Fisher, of counsel. Sarsfield Collins, for appellee; Bailey Samelow and Nathan Schwartz, of counsel.
   Mr. Presiding Justice Wilson

delivered the opinion of the court.


text:
    Swarts Bros., Inc., defendant in error, v. Abe Scharf, plaintiff in error.
    Gen. No. 34,029.
    Opinion filed May 28, 1930.
    Alex C. Lawrence and Alfred Diamond, for plaintiff in error; L. L. Smith, of counsel. No appearance for defendant in error.
   Mr. Presiding Justice Wilson

delivered the opinion of the court.


text:
    E. F. O’Donnell, appellee, v. The Edward J. Joyce Filing Company, appellant.
    Gen. No. 34,055.
    Opinion filed May 28, 1930.
    Allen E. Hoban, for appellant. Heineman, Ronan & Langsett, for appellee.
   Mr. Presiding Justice Wilson

delivered the opinion of the court.


text:
    Edgard C. Bellazza, appellee, v. Joseph Allegretti, appellant.
    Gen. No. 34,066.
    Opinion filed May 28, 1930.
    Nicholas A. Pope, for appellant; Richard E. Dooley, of counsel. No appearance for appellee.
   Mr. Presiding Justice Wilson

delivered the opinion of the court.


author: Mr. Justice Holdom

text:
    Hyde Park Investment Company, appellee, v. Hyde Park State Bank, defendant. Fred M. Heinkel, appellant.
    Gen. No. 33,922.
    Opinion filed May 28, 1930.
    Peden, Kahn & Murphy, for appellant; Gerald Ryan, of counsel. William J. Pringle and Edwin Terwilliger, for appellee.
   Mr. Justice Holdom

delivered the opinion of the court.


text:
    Hyde Park Investment Company, appellee, v. Hyde Park State Bank, defendant. George Thomas, appellant.
    Gen. No. 33,923.
    Opinion filed May 28, 1930.
    Peden, Kahn & Murphy, for appellant; Gerald Ryan, of counsel. William J. Pringle and Edwin Terwilliger, for appellee.
   Mr. Justice Holdom

delivered the opinion of the court.


text:
    Hyde Park Investment Company, appellee, v. Hyde Park State Bank, defendant. Alfred Jones, appellant.
    Gen. No. 33,924.

      Opinion filed May 28, 1930.
    Peden, Kahn & Murphy, for appellant; Gerald Ryan, of counsel. William J. Pringle and Edwin Terwilliger, for appellee.
   Mr. Justice Holdom

delivered the opinion of the court.


text:
    Hyde Park Investment Company, appellee, v. Hyde Park State Bank, defendant. James A. Black Hardware Company, appellant.
    Gen. No. 33,925.
    Opinion filed May 28, 1930.
    Peden, Kahn & Murphy, for appellant; Gerald Ryan, of counsel. William J. Pringle and Edwin Terwilliger, for appellee.
   Mr. Justice Holdom

delivered the opinion of the court.


text:
    Nora McGlasson, defendant in error, v. The Estate of John W. Donnellan, deceased, plaintiff in error.
    Gen. No. 34,028.
    Opinion filed May 29, 1930.
    Rehearing denied June 10, 1930.
    Joseph M. Connery and J. J. Cooke, for plaintiff in error. M. L. Carmody, for defendant in error.
   Mr. Presiding Justice Barnes

delivered the opinion of the court.


text:
    Lola Katz, appellee, v. American Linen Supply Company, appellant.
    Gen. No. 34,054.
    Opinion filed May 29, 1930.
    Newby & Murphy, for appellant; John K. Murphy and Geo. M. Burditt, of counsel. Alfred Roy Hulbert and Philip Rosenthal, for appellee.
   Mr. Presiding Justice Barnes

delivered the opinion of the court.


text:
    Haskell Breslaw, appellee, v. Columbia Ice & Ice Cream Company, appellant.
    Gen. No. 34,065.

      Opinion filed May 29, 1930.
    Sanders, Childs, Bobb & Wescott, for appellant; William L. Bourland, of counsel. Quin O’Brien and Alfred F. Mulvihill, for appellee.
   Mr. Presiding Justice Barnes

delivered the opinion of the court.


text:
    Edward C. Wooddell, appellee, v. Congregation Beth Jacob B’Nai Bezalel Anshe Misrach, appellant.
    Gen. No. 34,089.
    Opinion filed May 29, 1930.
    Gallagher, Shulman & Abrams, for appellant. Frederic L. Goff, for appellee.
   Mr. Presiding Justice Barnes

delivered the opinion of the court.


text:
    Irving I. Cohen for use of Barney B. Libman, appellee, v. Bake Rite Bakery, Inc., appellant.
    Gen. No. 34,125.
    Opinion filed May 29, 1930.
    Sherman & Lewis, for appellant; Louis A. Sherman and Preston Clark, of counsel. Schimberg & Harrison, for appellee.
   Mr. Presiding Justice Barnes

delivered the opinion of the court.


text:
    Charles R. Ewing, appellee, v. Dale D. Sheets Company, appellant.
    Gen. No. 34,174.
    Opinion filed May 29, 1930.
    Rehearing denied June 10, 1930.
    Woods, Bishop & Cohen, for appellant; John H. Bishop, of counsel. Dulsky, Friedman & Dulsky, for appellee; Simon H. Alster, of counsel.
   Mr. Presiding Justice Barnes

delivered the opinion of the court.


text:
    Charles R. Ewing, appellee, v. Dale D. Sheets Company, appellant.
    Gen. No. 34,175.
    Opinion filed May 29, 1930.
    Rehearing denied June 10, 1930.
    Woods, Bishop & Cohen, for appellant; John H. Bishop, of counsel. Dulsky, Friedman & Dulsky, for appellee; Simon H. Alster, of counsel.
   Mr. Presiding Justice Barnes

delivered the opinion of the court.


text:
    The People of the State of Illinois, defendant in error, v. Virginia Kahmiok, plaintiff in error.
    Gen. No. 34,033.
    Opinion filed May 29, 1930.
    W. G. Anderson, for plaintiff in error. John A. Swanson, State’s Attorney, for defendant in error; Edw. E. Wilson and John Holman, Assistant State’s Attorneys, of counsel.
   Mr. Justice Gridley

delivered the opinion of the court.


text:
    In re Estate of Vernon B. Glick, deceased. Mary McDonagh, administratrix of the estate of Frank L. McDonagh, deceased, appellee, v. Foreman Trust & Savings Bank, administrator of the estate of said Glick, deceased, appellant.
    Gen. No. 34,048.
    Opinion filed May 29, 1930.
    Aaron Soble, for appellant. Crahen, Sullivan, O’Toole & Sullivan, for appellee; John M. Pollock, of counsel.
   Mr. Justice Gridley

delivered the opinion of the court.


text:
    Continental National Bank & Trust Company, as conservator of Joseph L. Spilky, incompetent, appellee, v. New York Life Insurance Company, appellant.
    Gen. No. 34,057.
    Opinion filed May 29, 1930.
    Hamlin, Topliff & Cooper and Louis H. Cooke, for appellant; Homer H. Cooper and Wendell J. Brown, of counsel. A. F. W. Siebel, for appellee.
   Mr. Justice Gridley

delivered the opinion of the court.


text:
    George Ylonen, appellee, v. Julius Lieder and Clarence Lieder, appellants.
    Gen. No. 34,083.
    Opinion filed May 29, 1930.
    Litsinger, Healy & Reid, for appellants. John A. Blake and Joseph E. Winterbotham, for appellee.
   Mr. Justice Gridley

delivered the opinion of the court.


text:
    John Leonard Brill, appellee, v. Kelvinator Chicago Company, appellant.
    Gen. No. 34,101.

      Opinion filed May 29, 1930.
    Rehearing denied June 10, 1930.
    Reuben B. Kilgore, for appellant. Wolfsohn & Fireman, for appellee; LeRoy Winer, of counsel.
   Mr. Justice Gridley

delivered the opinion of the court.


text:
    Lewis C. Brown, defendant in error, v. Interstate Garage Corporation, plaintiff in error.
    Gen. No. 33,939.
    Opinion filed May 29, 1930.
    Rehearing denied June 10, 1930.
    Cloyes & Klingler, for plaintiff in error. J. Kent Greene, for defendant in error.
   Mr. Justice Scanlan

delivered the opinion of the court.


text:
    Samuel H. Gilbert, plaintiff in error, v. Charles H. Hewitt, defendant in error.
    Gen. No. 33,976.
    Opinion filed May 29, 1930.
    Hart E. Baker, for plaintiff in error. Harry D. Irwin, for defendant in error.
   Mr. Justice Scanlan

delivered the opinion of the court.


text:
    First Wisconsin National Bank of Milwaukee, appellee, v. W. R. Edwards, appellant.
    Gen. No. 33,991.
    Opinion filed May 29, 1930.
    Schein & Beckwith, for appellant; George L. Schein, Ernest Schein and Joseph M. Cohen, of counsel. Cassels, Potter & Bentley, for appellee; Ralph F. Potter and George C. Bunge, of counsel.
   Mr. Justice Scanlan

delivered the opinion of the court.


text:
    The People of the State of Illinois ex rel. Alex Kieferstein, appellant, v. Fred V. Maguire et al., appellees.
    Gen. No. 34,010.
    Opinion filed May 29, 1930.

      John J. Sonsteby, for appellant. Cornelius J. Harrington, for appellee Berthold A. Cronson. Charles Center Case, for certain other appellees; Edward C. Higgins, Assistant Corporation Counsel and Cornelius J. Harrington, of counsel.
   Mr. Justice Scanlan

delivered the opinion of the court.


text:
    E. H. Robinson, trading as Robinson Motor Sales, appellee, v. W. C. Handley, appellant.
    Gen. No. 34,061.
    Opinion filed May 29, 1930.
    Newby & Murphy, for appellant; John K. Murphy and Geo. M. Burditt, of counsel. Cohen & Berke, for appellee; A. Henry Goldstein, of counsel.
   Mr. Justice Scanlan

delivered the opinion of the court.


text:
    Frank J. Allen, trading as Frank J. Allen & Company, appellee, v. R. J. Nitkey and Leonard T. Nitkey, appellants.
    Gen. No. 34,095.
    Opinion filed May 29, 1930.
    Rehearing denied June 10, 1930.
    J. Kentner Elliott, for appellants. Packard, Barnes, McCaughey & Schumacher, for appellee.
   Mr. Justice Scanlan

delivered the opinion of the court.


text:
    Central Life Insurance Company of Illinois, appellee, v. Sidney Hasterlik et al., defendants, on appeal of J. K. Harris, individually and as trustee and Harold L. Feigenholtz, appellants.
    Gen. No. 34,329.
    Opinion filed May 29, 1930.
    Welch & Hoffman, for appellants. Frank J. Jacobson, for appellee.
   Mr. Justice Scanlan

delivered the opinion of the court.


text:
    Central Life Insurance Company of Illinois, appellee, v. Sidney Hasterlik et al., defendants, on appeal of Louise Manor Building Corporation and J. K. Harris, individually and as trustee, appellants.
    Gen. No. 34,330.
    Opinion filed May 29, 1930.
    Welch & Hoffman, for appellant J. K. Harris. S. Ruben, for appellant Louise Manor Building Corporation. Frank J. Jacobson, for appellee.
   Mr. Justice Scanlan

delivered the opinion of the court.


author: Mr. Presiding Justice Boggs

text:
    Second District.
    The People of the State of Illinois, defendant in error, v. George Blackburn, plaintiff in error.
    Gen. No. 8,091.
    Opinion filed February 11, 1930.
    F. J. Tilton and H. A. Brooks, for plaintiff in error. Martin V. Peterman, State’s Attorney, for defendant in error.
   Mr. Presiding Justice Boggs

delivered the opinion of the court.


text:
    Harry Mints, trading as Elaine Dress Company, plaintiff in error, v. S. P. Burgess et al., defendants in error.
    Gen. No. 8,094.
    Opinion filed February 11, 1930.
    Rehearing denied June 24, 1930,
    Connelly, Weld, Walker & Searle, for plaintiff in error; H. A. Weld, of counsel. J. Clinton Searle and Marshall & Marshall, for certain defendants in error. William Schroder, for defendant in error Otto Hildebrandt.
   Mr. Presiding Justice Boggs

delivered the opinion of the court.


author: Mr. Justice Jett

text:
    Herman V. Bittorf and Leo. J. Wahl, appellees, v. William Typer et al., appellants.
    Gen. No. 8,138.
    Opinion filed March 29, 1930.
    Rehearing denied June 25, 1930.
    Harry H. Waite, H. A. Brooks and Edward A. Jones, for appellants; Carl E. Sheldon, for certain appellant. Ward, Ward & Ward, for appellees; A. J. Scheineman, of counsel.
   Mr. Justice Jett

delivered the opinion of the court.


text:
    The People of the State of Illinois, defendant in error, v. Solley Petrilli, plaintiff in error.
    Gen. No. 8,097.
    Opinion filed April 5, 1930.
    Rehearing denied June 25, 1930.
    Robert W. Besse, for plaintiff in error. Vincent A. Bell, State’s Attorney, for defendant in error; Jacob J. Ludens, of counsel.
   Mr. Presiding Justice Boggs

delivered the opinion of the court.


text:
    Marie L. Williams, appellee, v. Aurora, Elgin & Fox River Electric Company, appellant.
    Gen. No. 8,120.
    Opinion filed April 5, 1930.
    Alschuler, Putnam, Flannigen & Johnson, for appellant; J. E. Alschuler, of counsel. John A. Russell, for appellee; A. B. Woodard and Charles G. Seidel, of counsel.
   Mr. Presiding Justice Boggs

delivered the opinion of the court.


text:
    Edith Smith et al., defendants in error, v. Edgar J. Smith et al., defendants. Illinois Light & Power Company, plaintiff in error.
    Gen. No. 7,937.
    Opinion filed April 5, 1930.
    E. A. Marcotte and John H. Beckers, for plaintiff in error. Luther B. Bratton and Charles W. Kurtz, for defendants in error.
   Mr. Justice Jett

delivered the opinion of the court.


text:
    Paul Pintar, appellee, v. Joseph Malnar, appellant.
    Gen. No. 8,121.
    Opinion filed April 5, 1930.
    Garnsey, Wood & Lennon, for appellant; Daniel Harrington and Edward C. Hall, of counsel. Albert H. Krusemark, for appellee.
   Mr. Justice Jett

delivered the opinion of the court.


text:
    The People of the State of Illinois, defendant in error, v. H. R. Winchester, plaintiff in error.
    Gen. No. 8,166.
    Opinion filed April 11, 1930.
    Dixon, Devine, Bracken & Dixon, for plaintiff in error; Sherwood Dixon, of counsel. Mark C. Keller, State’s Attorney, for defendant in error.
   Mr. Justice Jett

delivered the opinion of the court.


text:
    The People of the State of Illinois, defendant in error, v. Nemoram Pierre, plaintiff in error.
    Gen. No. 8,167.
    Opinion filed April 11, 1930.

      Dixon, Devine, Bracken & Dixon, for plaintiff in error; Sherwood Dixon, of counsel. Mark C. Keller, State’s Attorney, for defendant in error.
   Mr. Justice Jett

delivered the opinion of the court.


text:
    The People of the State of Illinois, defendant in error, v. LeRoy McDermott, plaintiff in error.
    Gen. No. 8,168.
    Opinion filed April 11, 1930.
    Dixon, Devine, Bracken & Dixon, for plaintiff in error; Sherwood Dixon, of counsel. Mark C. Keller, State’s Attorney, for defendant in error.
   Mr. Justice Jett

delivered the opinion of the court.


text:
    The People of the State of Illinois, defendant in error, v. Frank Leroy Lawson et al., plaintiffs in error.
    Gen. No. 8,059.
    Opinion filed May 3, 1930.
    Rehearing denied June 24, 1930.
    George W. Sprenger and C. B. Chapman, for plaintiffs in error. Russell O. Hanson, State’s Attorney, for defendant in error; C. E. Jacobson and A. E. Claus, of counsel.
   Mr. Presiding Justice Boggs

delivered the opinion of the court.


text:
    William Straus (identical with William Strauss), appellee, v. J. R. Scarratt, appellant.
    Gen. No. 8,180.
    Opinion filed May 3, 1930.
    Estelle M. Wells, for appellant. Greenebaum & Burns, for appellee.
   Mr. Presiding Justice Boggs

delivered the opinion of the court.


text:
    The Joliet National Bank, appellant, v. Thomas McEvilly, appellee.
    Gen. No. 8,190.
    Opinion filed May 3, 1930.
    Frank J. Wise, for appellant. Barr & Barr, for appellee.
   Mr. Presiding Justice Boggs

delivered the opinion of the court.


text:
    Salvator Caruso, appellee, v. Globe Mutual Life Insurance Company, appellant.
    Gen. No. 8,194.
    Opinion filed May 3, 1930.

      J. W. Faulkner, Jr. and Ray F. Faulkner, for appellant; A. W. Fulton, S. J. Fulton and J. F. Sheen, of counsel. D. R. Anderson, for appellee.
   Mr. Presiding Justice Boggs

delivered the opinion of the court.


author: Mr. Justice Jones

text:
    Hydro-Stone Corporation of Illinois, defendant in error, v. B. P. Alschuler et al., plaintiffs in error.
    Gen. No. 8,083.
    Opinion filed May 3, 1930.
    Leonard C. Mead and Peffers & Wing, for certain plaintiffs in error. James Herrington Scott and Lustig & Hershenson, for defendant in error.
   Mr. Justice Jones

delivered the opinion of the court.


text:
    S. E. Allen, appellee, v. Albert Johnson, appellant.
    Gen. No. 8,151.
    Opinion filed May 13, 1930.
    Rehearing denied June 24, 1930.
    Alexander J. Strom, for appellant. W. C. De Wolf and F. A. Oakley, for appellee.
   Mr. Presiding Justice Boggs

delivered the opinion of the court.


text:
    Ashley B. Cubberley, appellant, v. Daniel Webster et al., appellees.
    Gen. No. 8,199.
    Opinion filed May 13, 1930.
    Rehearing denied July 1, 1930.
    Frank J. Burns and James T. Burns, for appellant. Irwin C. Taylor, for appellees.
   Mr. Presiding Justice Boggs

delivered the opinion of the court.