text:
    John Boksa, Appellee, v. Stanley Buchaniec et al., Defendants. The Roseland State Savings Bank, Garnishee, Appellant.
    Gen. No. 31,688.
    1. Garnishment — right gwen hy amended statute applies to original judgment prior thereto. Under Cahill’s St. ch. 62, 1, a creditor has the right to garnish a bank having a deposit of one out of several of his judgment debtors, although the judgment was entered before the amendment of 1923 which gave the right to reach the funds of one judgment debtor apart from those of all.
    2. Appeal and error — original judgment, execution and return as part of record in garnishment. Where the original judgment, execution and return, are a proper part of the record in garnishment proceedings it was not necessary to offer them in evidence.
    3. Appeal and error — necessity of original judgment, execution and return showing in garnishment record. The original judgment, execution and return, must appear in the record of a garnishment proceeding to entitle the court to review a judgment against the garnishee.
    4. Garnishment — garnishee’s answer as not contradicting execution return. A return of execution showing that an officer made it cannot be contradicted in a garnishment proceeding based thereon by an allegation in the garnishee’s answer that the return was made on the order of plaintiff’s attorney.
    5. Garnishment — not invalidated by clerical error in execution return. An error of a deputy bailiff in failing to add an “s” to the word “defendant” in the form of return he made out on an execution against several judgment debtors was a clerical error which does not invalidate a garnishment judgment obtained on such return.
    6. Garnishment — including interest on original judgment as not invalidating. A garnishment judgment is not erroneous as being greater than the original judgment by including interest thereon.
    7. Garnishment — duty of garnishee as to debtor’s exemptions. A garnishee is duty bound to claim any exemption the debtor may have as against an execution on the original judgment.
    8. Garnishment — when incorrect summons return does not invalidate. A return on a garnishee summons of a wrong name for the garnishee does not invalidate the judgment against the garnishee in view of the fact that the proper garnishee was being served, appeared and answered.
    Appeal by garnishee from the Municipal Court of Chicago; the Hon. Albert B. George, Judge, presiding. Heard in the first division of this court for the first district at the March term, 1927.
    Affirmed.
    Opinion filed October 10, 1927.
    Joseph F. Mall, for defendants.
    H. J. Thal, for appellee.
   Mr. Justice O’Connor

delivered the opinion of the court.

John Boksa brought an action in contract against Stanley Buchaniec, Walter J. Jadczak, John Kodzlowski and White Eagle Produce Company, a corporation, and on May 11,1922, obtained a judgment against them for $300. The following October an execution was issued and afterwards a return made wholly unsatisfied. On November 30,1926, an affidavit for garnishee summons was filed in the case, which was in the usual form, and there was a further averment in the affidavit that the affiant had reason to believe and did believe that the Boseland State Savings Bank was indebted and had effects belonging to the defendant Walter J. Jadczak. Thereupon a garnishee summons was issued against the Eoseland State Savings Bank, which was served and afterwards entered its motion to quash the garnishee summons and that it be discharged. In support of this motion the garnishee filed what is designated by it, a “proposition of law,” whereby the garnishee contended, “A judgment creditor of two or more judgment debtors cannot maintain garnishment to reach a debt owing to one of the joint judgment debtors individually.” The motion was overruled. After-wards the garnishee filed a petition whereby it in effect renewed its motion. This was also overruled by the court and on December 15, 1926, it filed its answer, in which it again insisted that the court was wrong in overruling its motion to quash the summons, and further set up that at the time of the service of the garnishee summons upon it, it had $1,195.15 belonging to Walter J. Jadczak; that this was garnisheed in three other garnishment suits, wherein the total amount claimed was $577.30, leaving a balance of $617.85, subject to the garnishment herein. On December 30, on motion of plaintiff, the court entered judgment on the answer of the garnishee for $617.85, and that of this sum $378.60, being the amount of the original judgment and costs, be paid to plaintiff.

The garnishee contends that the judgment is wrong and should be reversed because, it is argued, a judgment creditor of two or more judgment debtors cannot maintain garnishment to reach a debt owing to one of the joint debtors, individually, and in support of this the case of Siegel, Cooper & Co. v. Schueck, 167 Ill. 522, is cited. Counsel, however, states that section 1 of the Garnishment Act, Cahill’s St. ch. 62, 1, was amended July 1,1923, which would permit the judgment creditor who has a judgment against several defendants to garnishee a person or corporation that owes to any one of the defendants, as was done in the instant case. But it is argued that this amendment cannot be invoked by the plaintiff in the instant case because the judgment entered in the original proceeding against the five defendants in the original proceeding was entered May 11,1922, more than a year before section 1 of the Garnishment Act was amended, and it is contended that the amendment cannot be given a retroactive effect. We think the argument of counsel is unsound. The original judgment entered in 1922 is in no way affected, but the judgment creditor was by section 1 of the Garnishment Act on July 1,1923, given an additional remedy whereby he might enforce collection of his judgment.

The garnishee makes the further point that since the plaintiff introduced no evidence to prove the original judgment, the issuance of the execution and the return of same unsatisfied, the judgment is erroneous and should be reversed. The garnishment proceeding in the instant case is part of the original suit. The record contains the original judgment, the execution and its return by the sheriff no part satisfied. These are a part of the record and it would not be proper to offer-them in evidence. La Salle Opera House Co. v. La Salle Amusement Co., 289 Ill. 194. Although the writer of the opinion in Hankel v. East & West Pub. Co., 239 Ill. App. 236, said that as a matter of precaution the execution and its return and the affidavit for the garnishee summons should be offered in evidence, yet we are of the opinion that upon a rereading of the La Salle Opera House Co. v. La Salle Amusement Co. case, supra, this would be improper as such are a part of the record without being offered in evidence, but they must appear in the record on review.

A further contention is made that the record discloses that the execution was returned by the bailiff in obedience to an order of plaintiff’s attorney, and that this is insufficient, and, further, that the return itself shows that the bailiff never served the execution. The return of the bailiff which is shown on the back: of the execution is as follows: “The within named defendant ■ not found and no property of the:within named defendant found in the City of Chicago on which to levy this writ, I therefore return the same no property found and no part satisfied this 15 day of Nov., 1926. Bernard W. Snow, Bailiff. By P. J. Dillon, Deputy.” There was no evidence introduced on the hearing, but the judgment states it was entered on the garnishee’s answer, and the only matter in the record on the subject of the execution was an allegation of the answer that it had been returned unsatisfied by the order of plaintiff’s attorney. This allegation contradicts the return of the bailiff, which is in the record as above quoted, and such return cannot be contradicted in that manner. Chapman v. North American Life Ins. Co., 292 Ill. 179; Marabia v. Mary Thompson Hospital of Chicago for Women and Children, 309 Ill. 149. The return, we think, shows that the demand was made on all the defendants and it was merely a clerical error on the part of the deputy in failing to add the •letter “s” after the word “defendant” where it appears in the return.

It is contended that the judgment against the garnishee is erroneous in that it is for $378.60, while the original judgment was for $300. There is no merit in this contention. The record shows that the $78.60 was made up of interest computed upon the original judgment. A further argument seems to be that the judgment debtor, Walter J. Jadczak, whose account is being garnisheed, did not have an opportunity to claim his exemption of $400 because the execution was not served upon him. We have heretofore held that demand was made upon him. Moreover, it was the duty of the garnishee to claim his exemption, if any. Rum-bold v. Supreme Council Royal League, 206 Ill. 513; Chicago & A. R. Co. v. Ragland, 84 Ill. 375.

The garnishee further contends that the return of the sheriff on the garnishee summons showed service on the 6‘Boseland State Bank,” and not on the “Bose-land State Savings Bank,” the garnishee. This point is without merit. The Boseland State Savings Bank was served, appeared, and filed its answer.

The judgment of the municipal court of Chicago is affirmed.

Affirmed.

Hatchett, P. J., and McSurely, J., concur. .


source: Caselaw Access Project

author: Mr. Justice O’Connor

license: Public Domain

text:
    Samuel Strobl, Appellee, v. J. J. Ingels, Appellant.
    Gen. No. 31,741.
    1. Appeal and error — where instructions should appear in record. Instructions should appear in the record on appeal in the bill of exceptions and not in the common-law record.
    2. Appeal and error — showing in record of submission of instructions. The record on appeal should show whether the instructions given and refused were submitted by the plaintiff or by the defendant.
    3. Appeal and error — argument not covering points in brief as contrary to rule. Bule 19 of the first division of the Appellate Court is violated by a brief and argument in which a statement of the case is mostly argument, the points are greatly in excess of those involved, and the argument does not take up the points made.
    4. Malicious prosecution — admissibility of counsel’s advice. In an action for malicious prosecution evidence is admissible to show that the defendant disclosed fully to an assistant State’s attorney all the facts before swearing to an information on which plaintiff was arrested in the prior proceeding.
    5. Malicious prosecution — counsel’s advice as defense. A prosecuting witness who has fairly presented all the facts to a State’s attorney before swearing to an information cannot be held responsible in an action for malicious prosecution.
    Appeal by defendant from the Circuit Court of Cook county; the Hon. John B. Caverlt, Judge, presiding. Heard in the first division of this court for the first district at the March term, 1927.
    Reversed and remanded.
    Opinion filed October 10, 1927.

      George C. Geier, for appellant.
    Hermena B. Dbiches and Kraft & Erskine, for appellee.
   Mr. Justice O’Connor

delivered the opinion of the court.

By this appeal the defendant seeks to reverse a judgment for $500 rendered in a malicious prosecution case.

The record is much confused and badly prepared. The clerk has copied in the common-law record what he designates a refused instruction as well as what he designates given instructions. These properly can be shown only by being incorporated in the bill of exceptions. Moreover, even if we could consider what is termed the refused and given instructions, it does not appear they were submitted by the plaintiff or defendant. But in view of the manner in which counsel for plaintiff have prepared their brief, many of the points contended for by plaintiff cannot be considered by us.

Plaintiff’s counsel in the opening sentence points out that the defendant has not complied with Bule 19 of this court in making a statement of the case. Then follows what is said to be a statement of the case, but most of this consists of points and arguments why the judgment should be affirmed. Again on page 6 of plaintiff’s brief begins “Points and Authorities,” and more than seven pages are taken up with this division and more than thirty points are there made. Few, if any, of them are argued in the argument which follows. Obviously there are not more than two or three points involved in a case of this kind.

Buie 19 of this court provides that the brief of points and authorities “must be followed by an argument in support of the same. The argument shall be confined to discussion of the same points contained in the brief and none other, and the points shall be argued in the order in which they are made in the brief; a point made but not argued may be considered as waived. ’ ’ And as stated, although there are more than thirty points made in the division of the brief of “Points and Authorities,” which covers more than seven pages, the argument does not take up these points, and is of but little more than four pages.

From an examination of the record in this case it is obvious that the defendant did not have a fair trial. He offered evidence tending to show that before he swore to the information which he filed in the municipal court and upon which a warrant was issued arid plaintiff taken into custody in that proceeding, he submitted all the facts to an assistant State’s attorney. When this offer was made counsel for plaintiff objected and the objection was erroneously sustained. In numerous cases it has been held in this State that where a prosecuting witness presents all facts fairly and without reservation to a State’s attorney or some other lawyer of recognized ability and good standing, he cannot be held responsible in an action for malicious prosecution. Shea v. Morand, 191 Ill. App. 11; Glenn v. Lawrence, 280 Ill. 581. And indeed counsel for plaintiff in this court admits this to be the law, but no explanation is offered why he objected on the trial when the defendant sought to offer evidence on this point.

The judgment of the circuit court of Cook county is reversed and the cause remanded.

Reversed and remanded.

Hatchett, P. J., and HcSurely, J., concur.


author: Mr. Justice Barnes

text:
    First District.
    The Avalon Club, appellee, v. City of Chicago et al., appellants.
    Gen. No. 31,467.
    Appeal from permanent injunction restraining interference with a social club’s members or their arrest, or threats thereof. Appeal from the Circuit Court of Cook county; the Hon. Ira Ryner, Judge, presiding. Heard in the second division of this court for the first district at the October term, 1926.
    Reversed and remanded with directions.
    Opinion filed May 17, 1927.
    Francis X. Busch, Corporation Counsel, for appellants; Leon Horn-stein and James I. McCarthy, Assistant Corporation Counsel, of counsel. No appearance for appellee.
   Mr. Justice Barnes

delivered the opinion of the court.


text:
    Moses Levitan, appellee, v. M. G. Wolf and Mrs. M. G. Wolf, appellants.
    No. 31,489.
    Judgment for plaintiff affirmed on appeal after bill of exceptions was stricken as filed too late through appellants’ fault. Appeal from the Municipal Court of Chicago; the Hon. Howard W. Hayes, Judge, presiding. Heard in the second division of this court for the first district at the October term, 1926. Affirmed.
    Opinion filed May 17, 1927.
    Rehearing denied May 28, 1927.
    Jacob Levy, for appellants; James M. Gwin, of counsel. Harry H. Ilrinsky, for appellee.
   Mr. Justice Barnes

delivered the opinion of the court.


text:
    Woodbridge Ornamental Iron Company, appellee, v. Sovereign Hotel Corporation, appellant.
    Gen. No. 31,499.
    Action for work and material furnished. Judgment for plaintiff. Appeal from the Superior Court of Cook county; the Hon. William J. Lindsay, Judge, presiding. Heard in the second division of this court for the first district at the October term, 1926.
    Reversed and remanded.
    Opinion filed May 17, 1927.
    Sonnenschein, Berkson, Lautmann & Levinson, for appellant. Good, Childs, Bobb & Weseott, for appellee; Walter E. Beebe, of counsel.
   Mr. Justice Barnes

delivered the opinion of the court.


author: Mr, Justice Barnes

text:
    Advance-Parcho Lite Corporation, appellee, v. J. W. Cohen, appellant.
    Gen. No. 31,508.
    Action for money had and on account stated. Judgment against defendant for want of affidavit of merits. Appeal from the Municipal Court of Chicago; the Hon. Joseph L. McCarthy, Judge, presiding. Heard in the second division of this court for the first district at the October term, 1926.
    Reversed and remanded.
    Opinion filed May, 17, 1927.
    Rehearing denied May 28, 1927.
    Morris Kompel, for appellant. Joseph H. Edelson and William N. Wise, for appellee; William N. Wise, of counsel.
   Mr, Justice Barnes

delivered the opinion of the court.


text:
    Sarah Jane Merle, appellee, v. The National City Bank of Chicago, appellant.
    Gen. No. 31,566.
    Trover for conversion of cheek. Judgment for plaintiff. Appeal from the Circuit Court of Cook county; the Hon. David M. Brothers, Judge,- presiding. Heard in the second division of this court for the first district at the October term, 1926.
    Affirmed.
    Opinion filed May 17, 1927.
    Castle, Williams, Long & Castle, for appellant. Helmer, Moulton, Whitman & Holton, for appellee; Roland D. Whitman, of counsel.
   Mr. Justice Barnes

delivered the opinion of the court.


author: Mr. Justice Fitch

text:
    C. F. Love & Company, appellant, v. Atlantic Coast Line Railroad Company, appellee.
    Gen. No. 31,312.
    Action for damages to interstate shipment. Judgment for defendant. Appeal from the Municipal Court of Chicago; the Hon. R. R. Fowler, Judge, presiding.- Heard in the second division of this court for the first district at the October term, 1926.
    Reversed and remanded.
    Opinion filed May 17, 1927.
    H. C. Lust, for appellant. D. H. Mann, for appellee.
   Mr. Justice Fitch

delivered the opinion of the court.


text:
    Fred G. Bear, appellee, v. The Meyercord Company, Inc., appellant.
    Gen. No. 31,340.
    Assumpsit for work done under a building contract. Judgment for plaintiff. Appeal from the Superior Court of Cook county; the Hon. Jacob Hopkins, Judge, presiding. Heard in the second division of this court for the first district at the October term, 1926.
    Affirmed.
    Opinion filed May 17, 1927.
    Gustav E. Beerly, for appellant; Dwight A. Pomeroy, of counsel. Zimmerman & Clark, for appellee.
   Mr. Justice Fitch

delivered the opinion of the court.


author: Mr, Justice Fitch

text:
    Sloss Sheffield Steel & Iron Company, appellant, v. Roos Foundries, Inc., appellee.
    Gen. No. 31,359.
    Action for damages for refusal to accept goods purchased. Judgment for defendant on directed verdict. Appeal from the Municipal Court of Chicago; the Hon. Theodore F. Ehler, Judge, presiding. Heard in the second division of this court for the first district at the October term, 1926.
    Reversed and remanded.
    Opinion filed May 17, 1927.
    Gann, Seeord & Stead, for appellant; F. Harold Bennett and Junius C. Scofield, of counsel. Clithero, Osborn & Stevens, for appellee.
   Mr, Justice Fitch

delivered the opinion of the court.


author: Mr. Justice Pitch

text:
    J. H. McCabe, appellee, v. Harry D. Bender, appellant.
    Gen. No. 31,374.
    Action for rent. Judgment for plaintiff. Appeal from the Municipal Court of Chicago; the Hon. Sidney M. Ward, Judge, presiding. Heard in the second division of this court for the first district at the October term, 1926.
    Affirmed.
    Opinion filed May 17, 1927.
    Golden & Kagan, for appellant. Wetten, Pegler & Dale, for appellee.
   Mr. Justice Pitch

delivered the opinion of the court.


text:
    New England Baled Shavings Company, appellee, v. Edmund H. Stroud, appellant.
    Gen. No. 31,393.
    Action to recover balance due on commissions. Judgment for plaintiff. Appeal from the Municipal Court of Chicago; the Hon. Charles B. Adams, Judge, presiding. Heard in the second division of this court for the first district at the October term, 1926.
    Affirmed.
    Opinion filed May 17, 1927.
    Chas. S. Knudson, for appellant. No appearance for appellee.
   Mr. Justice Pitch

delivered the opinion of the court.


text:
    August F. Dorn, appellant, v. Joseph F. Kyle, appellee.
    Gen. No. 31,409.
    Action for personal injuries from defective boat equipment. Judgment for defendant on directed verdict. Appeal from the Circuit Court of Cook county; the Hon. J. C. Eagleton, Judge, presiding. Heard in the second division of this court for the first district at the October term, 1926.
    Affirmed.
    Opinion filed May 17, 1927.
    Edward N. Sherburne and Benj. P. J. Odell, for appellant. Rathje, Wesemann, Hinckley & Barnard, for appellee.
   Mr. Justice Pitch

delivered the opinion of the court.


text:
    Sherman State Bank v. Crofts & Reed Company et al. B. R. Kozlowski, petitioner, appellee, v. S. W. Haremski, respondent, appellant.
    Gen. No. 31,437.
    Appeal from order in receivership proceedings adjudging a receiver guilty of contempt for refusing to turn over moneys had as receiver. Appeal from the Circuit Court of Cook county; the Hon. Praneis S. Wilson, Judge, presiding. Heard in the second division of this court for the first district at the October term, 1926.
    Affirmed.
    Opinion filed May 17, 1927.
    Rehearing denied May 28, 1927.
    K. B. Czarneeki, for appellant. William H. Katt, for appellee; James Pereival Pio, of counsel.
   Mr. Justice Pitch

delivered the opinion of the court.


author: Mr, Justice Pitch

text:
    The People of the State of Illinois ex rel. Louis L. Emmerson, secretary of the State of Illinois, appellee, v. Niles E. Smith et al., appellants.
    Gen. No. 31,649.
    Appeal from order restraining defendants from selling or offering to sell in Illinois securities not exempted by section 5 of the Securities Law. Interlocutory appeal from Superior Court of Cook county; the Hon. Oscar Hebei, Judge, presiding. Heard in the second division of this court for the first district at the October term, 1926,
    Affirmed.
    Opinion filed May 17, 1927.

      E.lmer N. Holmgren, for appellants. Osear E. Carlstrom, Attorney General, for appellee; George E. Dicrssen and William C. Clausen, Assistant Attorney General, of counsel.
   Mr, Justice Pitch

delivered the opinion of the court.


text:
    Sherman State Bank v. Crofts & Reed Company et al. B. R. Kozlowski, petitioner, appellee, v. S. W. Haremski, respondent, appellant.
    Gen. No. 31,438.
    Appeal from order in receivership proceeding finding a receiver guilty of contempt for appropriating receivership funds to his own use. Appeal from the Circuit Court of Cook county; the Hon. Francis S. Wilson, Judge, presiding. Heard in the second division of this court for the first district at the October term, 1926.
    Affirmed.
    Opinion filed May, 17, 1927.
    Rehearing denied May 28, 1927.
    K. B. Czarneeki, for appellant. William H. Katt, for appellee; James Pereival Pio, of counsel.
   Per curiam.


text:
    Morris Z. Holland, appellee, v. Royal Indemnity Company, appellant.
    Gen. No. 31,444.
    Action on policy insuring against loss from robbery. Judgment for plaintiff. Appeal from the Superior Court of Cook county; the Hon. Timothy D. Hurley, Judge, presiding. Heard in the second division of this court for the first district at the October term, 1926.
    Affirmed.
    Barnes, J., dissents.
    Opinion filed May 17, 1927.
    Tenney, Harding, Sherman & Rogers, for appellant; Henry P. Tenney, John E. O’Hora, S. Ashley Guthrie and L. Dow Niehol, Jr., of .counsel. Weissenbach, Hartman, Craig & Okin, for appellee; E. S. Hartman and Bryan T. Oraig, of counsel.
   Per curiam.


author: Mr. Presiding Justice Gridley

text:
    Joseph Lipson et al., trading as Lipson Brothers, appellees, v. Erie Railroad Company, appellant.
    Gen. No. 31,464.
    Action for loss on shipment. Judgment for plaintiff. Appeal from the Municipal Court of Chicago; the Hon. Robert E. Gentzel, Judge, presiding. Heard in the second division of this court for the first district at the October term, 1926.
    Reversed and remanded.
    Opinion filed June 7, 1927.
    Rehearing denied and opinion modified June 21, 1927.
    Follansbee, Shorey & Sehupp, for appellant; Louis W. Becker, Jr., of counsel. Bradburn & Masover, for appellees.
   Mr. Presiding Justice Gridley

delivered the opinion of the court.


author: Mr, Presiding Justice Gridley

text:
    Gregory T. Van Meter, administrator of the estate of Stanley Opst, deceased, appellee, v. City of Chicago, appellant.
    Gen. No. 31,466.
    Action for death of child by wrongful act. Judgment for plaintiff. Appeal from the Superior Court of Cook county; the Hon. John H.' Marshall, Judge, presiding. Heard in the second division of this court for the first district at the October term, 1926.
    Affirmed.
    Opinion filed June 7, 1927.
    Francis X. Busch, Corporation Counsel, and John J. Kelly, City Attorney, for appellant; Daniel V. Gallery, Assistant Corporation Counsel, of counsel. Hermann P. Haase, for appellee.
   Mr, Presiding Justice Gridley

delivered the opinion of the court.;


text:
    Homer A. Pfeiffer et al., complainants and appellees, v. Richard G. Kemper et al., defendants, on appeal of Church Extension Board of the Presbytery of Chicago, intervening petitioner and appellant.
    Gen. No. 31,635.
    Appeal by intervening petitioner from partition decree. Appeal from the Circuit Court of Cook county; the Hon. Hugo M. Friend, Judge, presiding. Heard in the second division of this court for the first district at the October term, 1926.
    Reversed and remanded with directions.
    Opinion filed June 7, 1927.
    Bradley, Williams, Harper & Farrell, for appellant; Edward J. Farrell, of counsel. Hoover & Cody, for appellees.
   Mr. Presiding Justice Gridley

delivered the opinion of the court.


text:
    William R. Steinberg, appellant, v. George Turner, appellee.
    Gen. No. 31,470.
    Action to recover commissions paid in excess of amount due. Judgment for defendant on directed verdict. Appeal from the Municipal.Court of Chicago; the Hon. Howard W. Hayes, Judge, presiding. Heard in the second division of this court for the first district at the October term, 1926.
    Reversed and remanded.
    Opinion filed June 7, 1927.
    Harry H. Krinsky, for appellant. Baker, Holder & Schmidt, for appellee.
   Mr. Justice Barnes

delivered the opinion of the court.


text:
    The People of the State of Illinois ex rel. Borden’s Farm Products Company of Illinois et al., petitioners, appellees, v. The Village of Oak Park et al., respondents, appellants.
    Gen. No. 31,517.
    Petition for mandamus to compel issuance of building permit. Writ granted. Appeal from the Superior Court of Cook county; the Hon. John J. Sullivan, Judge, presiding. Heard in the second division of this court for the first district at the October term, 1926.
    Reversed and remanded.
    Opinion filed June 7, 1927.
    Levi H. Fuller and Newton A. Partridge, for appellants. Paul J. Donovan and E. H. Waite, for appellees.
   Mr. Justice Barnes

delivered the opinion of the court.


text:
    Ernest Ahnert and Mary Ahnert, complainants, appellees, v. Elizabeth Gloor, defendant, appellant, and Frank K. Reilly, trading as Frank K. Reilly & Company, defendant, appellee.
    Gen No. 31,549.
    Bill for return of earnest money on realty purchase contract and to cancel contract. Decree for complainants. Appeal from the Superior Court of Cook county; the Hon. M. L. McKinley, Judge, presiding. Heard in the second division of this court for the first district at the October term, 1926.
    Affirmed.
    Opinion filed June 7, 1927.
    Fred L. Steers, for appellant. Joseph A. Weber, for Ernest Ahnert and Mary Ahnert, appellees.
   Mr. Justice Barnes

delivered the opinion of the court,


text:
    Fred Beeske, appellee, v. O. O’Rourke and Phil Grauer, trading as O’Rourke Auto Sales Company, appellants.
    Gen. No. 31,558.
    Action for return of deposit on refusal to deliver goods bought. Judgment for plaintiff. Appeal from the Municipal Court of Chicago; the Hon. Paul B. Lauher, Judge, presiding. Heard in the second division of this court for the first district at the October term, 1926.
    Reversed with finding of facts.
    Opinion filed June 7, 1927.
    Elmer W. Arch, for appellants. No appearance for appellee.
   Mr. Justice Barnes

delivered the opinion of the court.


author: Mr. Presiding Justice Taylor

text:
    Clara S. Arens, administratrix of the estate of John M. Arens, deceased, defendant in error, v. William Wardell and Ernest Whittaker; administrators of the estate of Mary W. Wallace, deceased, plaintiffs in error.
    Gen. No. 31,272.
    Action for realty commissions. Judgment for plaintiff. Error to the Municipal Court of Chicago; the Hon. Harry F. Hamlin, Judge, presiding. Heard in the third division of this court for the first district at the October term, 1926.
    Reversed and remanded.
    Opinion filed June 13, 1927.
    Gurdon Williams and P. R. Boylan, for plaintiffs in error. No appearance for defendant in error.
   Mr. Presiding Justice Taylor

delivered the opinion of the court.


text:
    Peter Sarelas, appellee, v. Gene Goldman, appellant.
    Gen. No. 31,281.
    Action for realty commissions. Judgment for plaintiff. Appeal from the Circuit Court of Cook county; the Hon. A. W. Summers, Judge, presiding. Heard in the third division of this court for the first district at the October term, 1926.
    Affirmed.
    Opinion filed June 13, 1927.
    Rehearing denied June 25, 1927.
    Maurice A. Baraneik, for appellant; Lyle L. Richmond, of counsel. Joseph A. Weber, for appellee.
   Mr. Presiding Justice Taylor

delivered the opinion of the court.


text:
    Philip A. Copenhaver, appellee, v. Ingstrup Buhrke, Inc., appellant.
    Gen. No. 31,357.
    Actions for damages for nonperformance of building contract. Judgment for plaintiff. Appeal from the Municipal Court of Chicago; the Hon. T. H. Miller, Judge, presiding. Heard in the third division of this court for the first district at the October term, 1926.
    Affirmed.
    Opinion filed June 13, 1927.
    Edward H. Kubitz, for appellant. H. Clay Calhoun and Edward Bernhard Zahn, for appellee.
   Mr. Presiding Justice Taylor

delivered the opinion of the court.


text:
    Mary E. Ferguson, appellant, v. Harmon M. Howe, appellee.
    Gen. No. 31,366.
    Assumpsit for money due on bonds sold by defendant for plaintiff. Judgment for defendant. Appeal from the Circuit Court of Cook county; the Hon. David M. Brothers, Judge, presiding. Heard in the third division of this court for the first district at the October term, 1926.
    Reversed with a finding of fact and judgment here.
    Opinion filed June 13, 1927.
    George H. Sugrue and Abel L. Allen, for appellant. F. E. Bright-man, for appellee; M. Edward Abram, of counsel.
   Mr. Presiding Justice Taylor

delivered the opinion of the court,


author: Mr. Justice O'Connor

text:
    Mary L. Pillsbury, appellee, v. Patrick H. Early, administrator of the estate of John Early, deceased, appellant.
    Gen. No. 30,503.
    Appeal from judgment in favor of claimant against estate for work done for decedent. See 240 III. App. 419. Appeal from the Circuit Court of Cook county; the Hon. Kicltham Scanlan, Judge, presiding. Heard in the third division of this court for the first district at the October term, 1926.
    Affirmed upon remittitur, otherwise reversed and remanded.
    Opinion filed June 13, 1927.
    Rehearing denied June 25, 1927.
    John S. Hummer, for appellant; Cyrus Heren, of counsel. Earl J. Walker, for appellee.
   Mr. Justice O'Connor

delivered the opinion of the court.


text:
    The Carnegie Company, appellee, v. William S. Tate et al. William S. Tate, appellant.
    Gen. No. 31,326.
    Petition to foreclose building wrecker’s lien on premises. Decree for petitioner. Appeal from the Circuit Court of Cook county; the Hon. Hugo M. Friend, Judge, presiding. Heard in the third division of this court for the first district at the October term, 1926.
    Reversed and remanded with directions.
    Opinion filed June 13, 1927.
    David G. Robertson and W. F. Mayer, for appellant. George E. O. Johnson, for appellee; Claude J. Dalenberg, for Julius Floto, defendant.
   Mr. Justice O’Connor

delivered the opinion of the court.


text:
    North American Union, a fraternal beneficiary society, appellant, v. Central Furniture Packing Company, appellee.
    Gen. No. 31,338.
    Appeal from order vacating default judgment for plaintiff in replevin for personalty. Appeal from the Municipal Court of Chicago; "the Hon. Albert B. George, Judge, presiding. Heard in the third division of this court for the first district at the October term, 1926.
    Affirmed.
    Opinion filed June 13, 1927.
    Rehearing denied June 25, 1927.
    Brannan, Markman & Maloney, for appellant; David B. Maloney and Burrell J. Cramer, of counsel. William G. Lesemann, for appellee.
   Mr. Justice O’Connor

delivered the opinion of the court.


text:
    Clair Balfour and Frederick Smye, trading as Balfour, Smye & Company appellees, v. Sarah E. Coyne, appellant.
    Gen. No. 31,347.
    Action for balance due on promissory notes and on goods sold. Judgment for plaintiff. Appeal from the Municipal Court of Chicago; the Hon. C. H. Douglas, Judge, presiding. Heard in the third division of this court for the first district at the October term, 1926.
    Affirmed.
    Opinion filed June 13, 1927.
    Edwin D. Lawlor, for appellant; Harry Tobin, of counsel. Henry M. Hagan, for appellees.
   Mr. Justice O’Connor

delivered the opinion of the court.


text:
    Edward T. Leonard et al., appellees, v. Thomas E. Hayes and Mary E. Hayes. Maria Ceruti and Tofilo Ceruti, appellants.
    Gen. No. 31,360.
    Bill of interpleader to enjoin suits begun by defendants and compel them to interplead and for realty commission. Decree for complainants. Appeal from the Superior Court of Cook county; the Hon. Oscar Hebei, Judge, presiding. Heard in the third division of this court for the first district at the October term, 1926.
    Reversed and remanded with directions.
    Opinion filed June 13, 1927.
    Robert E. Kolb, for appellants. Tourje, Waugh & McClellan, for appellees; J. J. Goshkin, of counsel. Church, Traxler & Kennedy, for Thomas A. Hayes and Mary E. Hayes.
   Mr. Justice O’Connor

delivered the opinion of the court,


text:
    J. L. Stifel & Sons, appellee, v. B. M. Shaffner, appellant.
    Gen. No. 31,369.
    Action on written guaranty for goods sold and delivered. Judgment for plaintiff. Appeal from the Municipal Court of Chicago; the Hon. C. H. Douglas, Judge, presiding. Heard in the third division of this court for the first district at the October term, 1926.
    Reversed and remanded.
    Opinion filed June 13, 1927.
    B. M. Shaffner, pro se. Hoyne, O’Connor & Rubinkam, for appellee.
   Mr. Justice O’Connor

delivered the opinion of the court.


text:
    Troy Smith, appellee, v. Your Cab Company, appellant.
    Gen. No. 31,400.
    Appeal from denial of motion to quash service in action to recover for professional services. Appeal from the Municipal Court of Chicago; the Hon, John R. Newcomer, Judge, presiding. Heard in the third division of this court for the first district at the October term, 1926.
    Appeal dismissed..
    Opinion filed June 13, 1927.
    Wm. E. Taylor and Morris, Cashin & Dickerson, for appellant. No appearance for appellee.
   Mr. Justice O’Connor

delivered the opinion of the court,


text:
    In re estate of Malvina B. Shearer, deceased. Appeal of J. B. Doland, individually and as executor of the last will and testament of Sarah Doland, deceased, appellant, v. Walter Joseph DeClarke and Joseph R. McGlashan, executors of the last will and testament of Malvina B. Shearer, deceased, appellees.
    Gen. No. 31,429.
    Appeal from order overruling final report of executors. Appeal from the Circuit Court of Cook county; the Hon. Kiekham Seanlan, Judge, presiding. Heard in the third division of this court for the first district at the October term, 1926.
    Affirmed.
    Opinion filed June 13, 1927.
    Merwin M. Hart and H. J. Rosenberg, for appellant. Sims, Welch, Godman & Str.anslcy, for appellees.
   Mr. Justice O’Connor

delivered the opinion of the court.


author: Mr, Justice O’Connor

text:
    Abraham J. Corn, appellee, v. William Shapiro, appellant.
    Gen. No. 31,503.
    Action for money had and for services rendered. Judgment for plaintiff. Appeal from the Municipal Court of Chicago; the Hon. William E. Viner, Judge, presiding. Heard in the third division of this court for tlio first district at the October term, 1926.
    Affirmed.
    Opinion filed June 13, 1927.
    Bichard W. Donovan, for appellant. Irving S. Abrams, for appellee.
   Mr, Justice O’Connor

delivered the opinion of the court.


author: ' Mr. Justice 0 ’Connor

text:
    Edwin E. Perry, appellee, v. Fifield & Stevenson, appellant.
    Gen. No. 31,512.
    Action for balance due for services. Judgment for plaintiff. Appeal from the Municipal Court of Chicago; the Hon. Edgar A. Jonas, Judge, presiding. Heard in the third division of this court for the first district at the October term, 1926.
    Affirmed.
    Opinion filed June 13, 1927.
    Rehearing denied June 25, 1927.
    M. A. Weinberg and S. Sehmetterer, for appellant. Boy C. Woods and John E. Foster, for appellee; Boy S. Gaskill, of counsel.
   ' Mr. Justice 0 ’Connor

delivered the opinion of the court.


text:
    Everett Owens, appellee, v. J. S. Nagel, appellant.
    Gen. No. 31,521.
    Action on promissory note. Judgment for plaintiff on directed verdict. Appeal from the Municipal Court of Chicago; the Hon. Theodore F. Ehler, Judge, presiding. Heard in the third division of this court for the first district at the October term, 1926.
    Affirmed.
    Opinion filed June 13, 1927.
    Rehearing denied June 25, 1927.
    Frederick Hull, for appellant; Charles E. Heckler, of counsel. Goldman, Allshousc & Healy, for appellee; Bobert G. Dreffein, of counsel.
   Mr. Justice O’Connor

delivered the opinion of the court.


author: Mr. Justice Thomson

text:
    Thomas J. Sheehan, appellee, v. South-West Trust & Savings Bank, appellant.
    Gen. No. 31,238.
    Action to recover on cheek. Judgment for plaintiff. Appeal from the Superior Court of Cook county; the Hon. Jacob H. Hopkins, Judge, presiding. Heard in the third division of this court for the first district at the October term, 1926.
    Reversed and remanded.
    Opinion filed June 13, 1927.
    Rehearing denied June 25, 1927.
    Litsinger, Healy & Beid, for appellant. Defrees, Buckingham & Eaton, for appellee; Don Kenneth Jones, of counsel.
   Mr. Justice Thomson

delivered the opinion of the court.


text:
    Hymen Norinsky, appellee, v. Isadore Katz, appellant.
    Gen. No. 31,257.
    Action to recover on cheek. Judgment for plaintiff. Appeal from the Municipal Court of Chicago; the Hon. C. H. Douglas, Judge, presiding. Heard in the third division of this court for the first district at the October term, 1926.
    Reversed.
    Opinion filed June 13, 1927.
    Frank H. Partridge, for appellant. No appearance for appellee.
   Mr. Justice Thomson

delivered the opinion of the court.


text:
    Joseph Baumruk et al., appellants, v. The People of the State of Illinois, appellee. Louis Narowetz et al., appellees, v. Alfred Clover et al., appellants. Louis Narowetz et al., defendants in error, v. Public Life Insurance Company et al., plaintiffs in error.
    Gen. No. 31,306.
    Gen. No. 31,307.
    Gen. No. 31,622.
    Bill for receiver without notice, for an injunction, and to declare a purported election of directors void. Decree for complainants. Appeal from and error to the Superior Court of Cook county; the Hon. M. L. McKinley, Judge, presiding. Heard in the third division of this court for the first district at the October term, 1926.
    Affirmed.
    Opinion filed June 13, 1927.
    Maximilian J. St. George, for appellants and plaintiffs in error. Ben M. Smith and Don C. Wray, for appellees and defendants in error.
   Mr. Justice Thomson

delivered the opinion of the court.


author: Mr, Justice Thomson

text:
    Alvin E. Nelson and Earle S. Nelson, trading as Nelson Brothers, appellants, v. E. E. Shierk, appellee.
    Gen. No. 31,310.
    Trover for conversion by mortgagor of automobile. Judgment for defendant on set-off. Appeal from the Municipal Court of Chicago; the Hon. Harry F. Hamlin, Judge, presiding. Heard in the. third division of this court for the' first district at the October .term, 1926.
    Affirmed.
    Opinion filed June 13, 1927.
    A. J. Deutsehman, for appellants. No appearance for appellee.
   Mr, Justice Thomson

delivered the opinion of the court,


text:
    Martin Regalski, et al., appellees, v. Wladyslaw Adamkiewicz et al., appellants.
    Gen. No. 31,350.
    Bill to remove cloud on title. Decree for complainants. Appeal from the Superior Court of Cook county; the Hon. Oscar Hebei, Judge, presiding. Heard in the third division of this court for the first district at the October term, 1926.
    Affirmed.
    Opinion filed June 13, 1927.
    Rehearing denied June 25, 1927.
    Ewart Harris, for appellants. Alden, Latham & Young, for appellees; Charles Martin, of counsel.
   Mr. Justice Thomson

delivered the opinion of the court.


text:
    The People of the State of Illinois ex rel. Lillian G. Kolb, appellee, v. Halbert H. Porter et al., appellants.
    Gen. No. 31,422.
    Petition for mandamus to compel issuance of garage building permit. Writ granted. Appeal from the Circuit Court of Cook county; the Hon. Harry F. Hamlin, Judge, presiding. Heard in the third division of this court for the first district at the October term, 1926.
    Affirmed.
    Opinion filed June 13, 1927.
    Albert A. Kraft, for appellants. Theodore A. Kolb, for appellee.
   Mr. Justice Thomson

delivered the opinion of the court,


text:
    A. De Luca for use of Adam Prehler, appellee, v. Fort Dearborn Casualty Underwriters, appellant.
    Gen. No. 31,432.
    Garnishment proceedings. Judgment against garnishee. Appeal from-the Municipal Court of Chicago; the Hon. John-H. Lyle,-Judge, presiding. Heard in the third • division of' this court for the first district at the October term, 1926.
    Affirmed.
    Opinion filed June 13, 1927.
    Murphy O. Tate, for appellant; Leo. M. Tarpey, of counsel. Harry H. Felgar, for appellee.
   Mr. Justice Thomson

delivered the opinion of the court.


text:
    N. P. Severin and A. N. Severin, trading as N. P. Severin Company, appellees, v. The Flanagan & Biedenweg Company, appellant.
    Gen. No. 31,445.
    Action to recover damages caused by poor quality of material furnished. Judgment for plaintiff. Appeal from the Municipal Court of Chicago; the Hon. Paul B. Lauher, Judge, presiding. Heard in the third division of this court for the first district at the October term, 1926.
    Affirmed.
    Opinion filed June 13, 1927.
    John W. Bennett, for appellant. Fred W. Kraft, for appellees; J. E. Yaffe, of counsel.
   Mr. Justice Thomson

delivered the opinion of the court.


text:
    Barron G. Collier, Inc., appellee v. McNichols & Kimmel, Inc., appellant.
    Gen. No. 31,454.
    Action on written contract for services rendered. Judgment for plaintiff. Appeal from the Municipal Court of Chicago; the Hon. Edgar A. Jonas, Judge, presiding. Heard in the third division of this court for the first district at the October term, 1926.
    Affirmed.
    Opinion filed June 13, 1927.
    Harold L. Feigenholtz and Solbei'g, Hummeland & Winans, for appellant; Kellam Foster, of counsel. Osborne, Kline & McGurren, for appellee; Wilson L. Kline, of counsel.
   Mr. Justice Thomson

delivered the opinion of the court.


text:
    James M. Larson and Paul P. Kelley, trading as Arryon Electrical Company, appellees, v. Burge Ice Machine Company, appellant.
    Gen. No. 31,490.
    Action for balance due for work done and materials furnished. Judgment for plaintiff. Appeal from the Municipal Court of Chicago; the Hon. Donovan D. McCarty, Judge, presiding. Heard in the third division of this court for the first district at the October term, 1926.
    Judgment reversed with a finding of fact.
    Opinion filed June 13, 1927.
    Alden, Latham & Young, for appellant; Charles Martin, of counsel. McBride & Brenner, for appellees.
   Mr. Justice Thomson

delivered the opinion of the court.


author: Mr. Presiding Justice Gridlev

text:
    Jacob Bass, appellee, v. Samuel R. Cooper, appellant.
    Gen. No. 31,486.
    Action to recover damages from insurance broker for nonpayment of plate glass indemnity insurance. Judgment for plaintiff. Appeal from the Municipal Court of Chicago; the Hon. Howard W. Hayes, Judge, presiding. Heard in the second division of this court for the first district at the October term, 1926.
    Reversed with a finding of facts.
    Opinion filed June 14, 1927.
    Harry G. Hershenson, for appellant. Russell B. Burt, for appellee.
   Mr. Presiding Justice Gridlev

delivered the opinion of the court.


text:
    R. S. Ziehn, appellant, v. Sebastian Miller, appellee.
    Gen. No. 31,502.
    Action for professional services and medicines. Judgment imbalance of plaintiff’s claim over defendant’s set-off. Appeal from the Municipal Court of Chicago; the Hon. T. H. Miller, Judge, presiding. Heard in the second division of this court for the first district at the October term, 1926.
    Affirmed.
    Opinion filed June 14, 1927.
    Fred W. Story, for appellant. No appearance for appellee.
   Mr. Justice Barnes

delivered the opinion of the court.


text:
    Louis DeBartolo and Angelina DeBartolo, appellees, v. Sam Broccolo, appellant.
    Gen. No. 31,511.
    Forcible detainer. Judgment for plaintiffs. Appeal from the Municipal Court of Chicago; the Hon. John F. Haas, Judge, presiding. Heard in the second division of this court for the first district at the October term, 1926.
    Reversed and remanded.
    Opinion filed June 14, 1927.
    Joseph Z. Willner, for appellant. Albert N. Charles, for appellees.
   Mr. Justice Barnes

delivered the opinion of the court.


text:
    Renee L. Barnstead, appellee, v. George F. Nixon & Company, appellant.
    Gen. No. 31,520.
    Action for real estate saleswoman’s commissions. Judgment for plaintiff. Appeal from the Municipal Court of Chicago; the Hon. Joseph L. McCarthy, Judge, presiding. Heard in the second division of this court for the first district at the October term, 1926.
    Affirmed.
    Opinion filed June 14, 1927.
    Rehearing denied June 28, 1927.
    Alexander H. Marshal], for appellant; Max Murdock and Frank G. Marshall, of counsel. Newby & Murphy, for appellee; Albert E. Isley, Robert E. Ward and C. D. Fithian, of counsel.
   Mr. Justice Barnes

delivered the opinion of the court.


text:
    Victory Wet Wash Laundry Company and Sunnyside Wet Wash Laundry Company, appellees, v. Charles Behmer and Herman Swanson, appellants.
    Gen. No. 31,967.
    Appeal from order overruling motion to dissolve temporary injunction. Interlocutory appeal from the Circuit Court of Cook county; the Hon. Hugo M. Friend, Judge, presiding. Heard in the third division of this court for the first district at the March term, 1927.
    Reversed.
    Opinion filed June 15, 1927.
    Rehearing denied June 30, 1927.
    William Feldman, for appellants. Walter S, Holden and George L. Lewis, for appellees.
   Mr. Justice O’Connor

delivered the opinion of the court.


author: Mr. Presiding Justice Barnes

text:
    Sol Segal, by David Segal, appellee, v. Chicago City Railway Company, appellant.
    Gen. No, 24,735.
    Action for personal injuries. Judgment for plaintiff. See 216 111. App. 11. Appeal from the Superior Court of Cook county; the Hon. Joseph H. Fitch, Judge, presiding. Heard in the second division of this court for the first district at the October term, 1918.
    Reversed and remanded.
    Opinion filed October 4, 1927.

      Charles Le Roy Brown, for appellant; John R. Guilliams and Robert J. Slater, of counsel. James C. MeShano, for appellee.
   Mr. Presiding Justice Barnes

delivered the opinion of the court.


text:
    William Bottoms, defendant in error, v. Alma Holt, plaintiff in error.
    Gen. No. 31,209.
    Action for tenant’s malicious destruction of personalty. Judgment for plaintiff. Error to the Municipal Court of Chicago; the Hon. William E. Viner, Judge, presiding. Heard in the second division of this court for the first district at the October term, 1926.
    Reversed and remanded.
    Opinion filed October 4, 1927.
    Harry A. Goldsmith, for plaintiff in error. Anderson & Roche, for defendant in error.
   Mr. Presiding Justice Barnes

delivered the opinion of the court.


text:
    City of Chicago, appellant, v. Chicago Railways Company, appellee.
    Gen. No. 31,480.
    Appeal from judgment for costs. See supra, p. 473. Appeal from the Municipal Court of Chicago; the Hon Charles F. McKinley, Judge, presiding. Heard in the second division of this court for the first district at the October term, 1926.
    Affirmed.
    Opinion filed October 4, 1927.
    Francis X. Busch, Corporation Counsel, C. M. Doty, Assistant Corporation Counsel, and William H. Holly, Special Assistant Corporation Counsel, for appellant. Weymouth Kirldand, for appellee.
   Mr. Presiding Justice Barnes

delivered the opinion of the court.


text:
    Mrs. Clifford Smith, appellee, v. The National Life & Accident Insurance Company, appellant.
    Gen. No. 31,537.
    Action on life insurance policy. Judgment for plaintiff. Appeal from the Municipal Court of Chicago; the Hon. W. J. Hill, Judge, presiding. Heard in the second division of this court for the first district at the October term, 1926.
    Reversed with findings of fact.
    Opinion filed October 4, 1927.
    Cohen, vonHelmolt & O’Connor, for appellant; Roderick H. O’Con-nor, of counsel. Frank T. Sharp, for appellee.
   Mr. Presiding Justice Barnes

delivered the opinion of the court.


text:
    Star Paper Box Company, appellee, v. Gallanis Bros., Inc., appellant.
    Gen. No. 31,564.
    Action for goods sold and delivered. Judgment for plaintiff. Appeal from the Municipal Court of Chicago; the Hon. Edgar A. Jonas, Judge, presiding. Heard in the second division of this court for the first district at the October term, 1926.
    Affirmed.
    Opinion filed October 4, 1927.
    Loewenstein & Rnbinoff, for appellant; Maurice J. Ginsberg, of counsel. Edelson & Paullin, for appellee; Hyland J. Paullin, of counsel.
   Mr. Presiding Justice Barnes

delivered the opinion of the court,


text:
    Julius F. Wall and Blanche E. Wall, appellees, v. Lydia S. Hibbard and Norman A. Beck, on appeal of Lydia S. Hibbard, appellant.
    Gen. No. 31,599.
    Bill to set aside forfeiture of contract for deed, and restore possession. Decree for complainants. Appeal from the Superior Court of Cook county; the Hon. Denis E. Sullivan, Judge, presiding. Heard in the second division of this court for the first district at the October term, 1926.
    Affirmed.
    Opinion filed October 4, 1927.
    Rehearing denied October 17, 1927.
    Otto G. Ryden, for appellant. Charles P. Molthrop and J. Arthur Johnson, for appellees.
   Mr. Presiding Justice Barnes

delivered the opinion of the court.


text:
    W. C. Handley, defendant in error, v. Joseph F. Ryan et al., defendants. Conant W. Ruth, plaintiff in error.
    Gen. No. 31,603.
    Action for money loaned and no notes. Judgment for plaintiff on defendant’s default. Error to the Circuit Court of Cook county; the Hon. George Fred Rush, Judge, presiding. Heard in the second division of this court for the first district at the March term, 1927.
    Reversed.
    Opinion filed October 4, 1927.
    Cloyes & Klingler, for plaintiff in error. Nuttall & Chism, for defendant in error.
   Mr. Presiding Justice Barnes

delivered the opinion of the court.


text:
    William Moshinsky, defendant in error, v. Bertha Haviar et al., plaintiffs in error.
    Gen No. 31,624.
    Bill for specific performance of contract of sale of realty. Decree for complainant. Error to the Superior Court of Cook county; the Hon. Oscar Hebei, Judge, presiding. Heard in the second division of this court for the first district at the March term, 1927.
    Reversed and remanded with directions.
    Opinion filed October 4, 1927.
    Thomas J. Young, for Thomas H. Mullay, plaintiff in error. Sherman C. Spitzer and Charles F. Grimes, for Chicago Title & Trust Co., plaintiff in error. No appearance for defendant in error.
   Mr. Presiding Justice Barnes

delivered the opinion of the court.


text:
    David Saul Klafter, appellee, v. L. A. Sherwin, appellant.
    Gen. No. 31,661.
    Action for architectural services. Judgment for plaintiff. Appeal from the Municipal Court of Chicago; the Hon. William E. Viner, Judge, presiding. Heard in the second division of this court for the first district at the March term, 1927.
    Reversed with a finding of fact.
    Opinion filed October 4, 1927.
    L. A. Sherwin, pro se. Perlman, Goodman & Scolnik, for appellee; Avern B. Scolnik, of counsel.
   Mr. Presiding Justice Barnes

delivered the opinion of the court.


text:
    Leo S. Kositchek, appellee, v. William Downs, trading as Drexel Square Garage, appellant.
    Gen. No. 31,692.
    Action for value of automobile stolen from defendant’s garage. Judgment for plaintiff. Appeal from the Superior Court of Cook county; the Hon, C, A. Williams, Judge, presiding. Heard in the second division of this court for the first district at the March term, 1927.
    Reversed and remanded.
    Opinion filed October 4, 1927.
    James W. Breen and H. L. Wilson, for appellant; Clyde C. Fisher, of counsel. John A. Bloomingston, for appellee.
   Mr. Presiding Justice Barnes

delivered the opinion of the court.


author: Mr, Presiding Justice Barnes

text:
    John Ehardt, appellee, v. Max Sugerman, appellant.
    Gen. No. 31,711.
    Action to recover agreed price of surrender of premises. Judgment for plaintiff. Appeal from the Municipal Court of Chicago; the Hon, Edgar A. Jonas, Judge, presiding. Heard in the second division of this court for the first district at the March term, 1927.
    Reversed and remanded.
    Opinion filed October 4, 1927.
    Rehearing denied October 17, 1927.
    Wyman, Hopkins, McKeever & Colbert, for appellant; Harold Engstrom, of counsel. James R. Bryant, for appellee.
   Mr, Presiding Justice Barnes

delivered the opinion of the court.


text:
    M. W. Freeman, trading as M. W. Freeman & Company, appellee, v. Maurice S. Feldman and Sadie Feldman, appellants.
    Gen. No. 31,749.
    Action for realty broker’s commission. Judgment for plaintiff. Appeal from the Municipal Court of Chicago; the Hon. Edgar A. Jonas, Judge, presiding. Heard in the second division of this court for the first district at the March term, 1927.
    Reversed and remanded.
    Opinion filed October 4, 1927.
    Fruehtl & Busch, for appellants. Decker & Golden, for appellee; Milton Perlman, of counsel.
   Mr, Presiding Justice Barnes

delivered the opinion of the court.


text:
    Gustav Hoffman, appellee, v. Frank Schafer and Anne C. Schafer, appellants.
    Gen. No. 31,784.
    Action on attachment bond. Judgment for plaintiff. Appeal from the Circuit Court of Cook county; the Hon. Harry M. Fisher, Judge, presiding. Heard in the second division of this court for the first district at the March term, 1927.
    Affirmed for $200 on remittitur.
    Opinion filed October 4, 1927.
    Jacob Katz, for appellants. Hume & Kennedy, for appellee.
   Mr. Presiding Justice Barnes

delivered the opinion of the court.


text:
    Stanley Litwicki, appellee, v. City of Chicago, appellant.
    Gen. No. 31,806.
    Action for personal injuries. Judgment for plaintiff. Appeal from the Superior Court of Cook county; the Hon. William N. Gemmill, Judge, presiding. Hoard in the second division of this court for the first district at the March term, 1927.
    Affirmed.
    Opinion filed October 4, 1927.
    Samuel A. Ettelson, Corporation Counsel, William D. Saltiel, City Attorney, and Arthur Donoghue, Assistant Corporation Counsel, for appellant; Edwin M. Quinn and Arthur Donoghue, Assistants Corporation Counsel, of counsel. John A. Bloomingston, for appellee.
   Mr. Presiding Justice Barnes

delivered the opinion of the court.


text:
    Blauer-Goldstone Company, appellant, v. Kernes Manufacturing Company, appellee.
    Gen. No. 31,847.
    Replevin. Judgment for defendant. Appeal from the Circuit Court of Cook county; the Hon. John R. Caverly, Judge, presiding. Heard in the second division of this court for the first district at the March term, 1927.
    Affirmed.
    Opinion filed October 4, 1927.
    Harry H. Krinskv, for appellant. Abraham Greenfield, for appellee; Louis M. Mantynband, of counsel.
   Mr. Presiding Justice Barnes

delivered the opinion of the court.


text:
    Morris Chudom and Hyman Bioff, assignees, appellees, v. Harry Schneider, appellant.
    Gen. No. 31,859.
    Action to recover amount due under lease. Judgment for plaintiffs. Appeal from the Municipal Court of Chicago; the Hon. Robert E. Gentzel, Judge, presiding. Heard in the second division of this court for the first district at the March term, 1927.
    Affirmed.
    Opinion filed October 4, 1927.
    Rehearing denied October 17, 1927.
    Benjamin E. Cohen, for appellant; Samuel Berke, of counsel. No appearance for appellees.
   Mr. Presiding Justice Barnes

delivered the opinion of the court.


text:
    Hartman Furniture & Carpet Company, appellee, v. Henry Mowschine et al. Henry Mowschine, appellant.
    Gen. No. 31,868.
    Replevin" for phonograph on default on instalment plan mortgage. Verdict directed for plaintiff. . Appeal from the Municipal Court of Chicago; the Hon. Arnold Heap, Judge, presiding. Heard in the second division of this court for the first- district at the March term, 1927.
    Affirmed.
    Opinion filed October 4, 1927.
    Cohen, vonHelmolt & O’Connor, for appellant. Felsenthal, Struekman & Berger, for appellee; Julius Kreeger, of counsel.
   Mr, Presiding Justice Barnes

delivered the opinion of the court.


text:
    Joseph E. Davidson, appellant, v. J. C. Newar, appellee.
    Gen. No. 31,911.
    Action for rent due. Judgment against plaintiff for costs. Appeal from the Municipal Court of Chicago; the Hon. Lawrence B. Jacobs, Judge, presiding. Heard in the second division of this court for the first district, at the March term, 1927.
    Reversed and judgment here with findings of fact.
    Opinion filed October 4, 1927.
    Joseph J. Augustus, for appellant. No appearance for appellee.
   Mr. Presiding Justice Barnes

delivered the opinion of the court.


author: Mr. Justice Gridley

text:
    Stanley Shimkus, administrator of the estate of Frank Milewski, deceased, defendant in error, v. Anton Martinkus, plaintiff in error.
    Gen. No. 31,271.
    Assumpsit for money due. Judgment for plaintiff. Error to the Municipal Court of Chicago; the Hon. Edgar A. Jonas, Judge, presiding. Heard in the second division of this court for the first district at the March term, 1927.
    Reversed with finding of facts.
    Opinion filed October 4, 1927.
    Harold O. Mulks, for plaintiff in error. Kasimir P. Gugis, for defendant in error; P. B. Smith, of counsel.
   Mr. Justice Gridley

delivered the opinion of the court.


text:
    Joseph Siegel, appellant, v. Samuel Rudikoff and Minnie Rudikoff, appellees.
    Gen. No. 31,483.
    Mechanic’s lien proceedings. Dismissed for want of equity, and judgment as at common law for master’s and stenographer’s fees for defendant. Appeal from the Superior. Court of Cook county; the Hon. Michael L. McKinley, Judge, presiding. Heard in the second division of this court for the first district at the October term, 1926.
    Affirmed.
    Opinion filed October 4, 1927.
    G. A. Buresh, for appellant. Jacob Levy, for appellees; J. M. Gwin, of counsel.
   Mr. Justice Gridley

delivered the opinion of the court.


text:
    Lewis A. Bain, trading as L. A. Bain & Company, complainant and appellee, v. Globe Laundry Company et al., defendants, on appeal of Globe Laundry Company, appellant.
    Gen. No. 31,505.
    Mechanic’s lien proceedings. Decree for complainant. Appeal from the Circuit Court of Cook county; the Hon. Ira Ryner, Judge, presiding. Heard in the second division of this court for the first district at the October term, 1926.
    Affirmed.
    Opinion filed October 4, 1927.
    Rehearing denied October 17, 1927.
    Zillman & Krinker, for appellant. Clithero, Osborn & Stevens, for appellee.
   Mr. Justice Gridley

delivered the opinion of the court.


text:
    The People of the State of Illinois ex rel. Kazimir Jamontas and Stanley Darguzis, appellees, v. Peter Galskis, appellant. The People of the State of Illinois ex rel. Kazimir Jamontas and Stanley Darguzis, appellees, v. Anton Zymont, appellant.
    Gen. No. 31,526.
    Gen. No. 31,529.
    Contempt for refusal to give testimony before master. See supra, p. 524. Appeal from the Circuit Court of Cook county; the Hon. Ira Ryner, Judge, presiding. Heard in the second division of this court for the first district at the October term, 1926.
    Reversed.
    Opinion filed October 4, 1927.
    Kazimir P. Gugis, P. B. Smith and Harry C. Kinne, for appellants. No appearance for appellees.
   Mr. Justice Gridley

delivered the opinion of the court.


text:
    Paul Gerhardt, appellee, v. Horace L. Brand, appellant.
    Gen. No. 31,552.
    Action for architect’s services. Judgment for plaintiff. Appeal from the Municipal Court of Chicago; the Hon. Prank M. Padden, Judge, presiding. Heard in the second division of this court for the first district at the October term, 1926.
    Reversed and remanded.
    Opinion filed October 4, 1927.
    Richard S. Polsom, for appellant. Roy D. Keehn, for appellee'; Edward G. Woods and Thomas B. Martineau, of counsel.
   Mr. Justice Gridley

delivered the opinion of the court.


text:
    Valentina Pisano, appellee, v. Italo-American National Union, appellant.
    Gen. No. 31,561.
    Assumpsit to recover amount of death benefit. Judgment for plaintiff. Appeal from the Municipal Court of Chicago; the Hon. Howard Hayes, Judge, presiding. Heard in the second division of this court for the first district at the October term, 1926.
    Reversed with findings of fact.
    Opinion filed October 4, 1927.
    Thomas H. Landise and Busby, Weber, Miller & Donovan, for appellant. Lester L. Bauer and Leopold B. Melniek, for appellee.
   Mr. Justice Gridley

delivered the opinion of the court.


text:
    The National Malleable Castings Company, appellee, v. Iroquois Steel & Iron Company, appellant.
    Gen. No. 31,567.
    - Assumpsit' for money had and received. Judgment for plaintiff. Appeal from the Municipal Court of Chicago; the Hon. Charles F. McKinley, Judge, presiding. Heard in the second division of this court-for the first district at the October term, 1926.
    Affirmed on remittitur of $383.30.
    Opinion filed October 4, 1927.
    Edwin J. Baber, for appellant. Butler, Lamb, Foster & Pope, for appellee; Alian J. Carter and Arthur Fisher, of counsel.
   Mr. Justice Gridley

delivered the opinion of the court.


text:
    Polish Roman Catholic Union of America, appellant, v. Helen J. Novotny et al., appellees.
    Gen. No. 31,582.
    Bill for foreclosure. Dismissed for want of equity. Appeal from the Circuit Court of Cook county; the Hon. Hugo M. Friend, Judge, presiding. Heard in the second division of this court for the first-district at the October term, 1926.
    Reversed and remanded with directions.
    Opinion filed October 4, 1927.
    Rehearing denied October 17, 1927.
    John Jankowski and Leesman & Roomer, for appellant. Myer H. Gladstone, for appellees.
   Mr. Justice Gridley

delivered the opinion of the court.


text:
    Herbert W. Duncanson et al., appellants, v. George Lill and William W. Lill, appellees.
    Gen. No. 31,610.
    Bill for accounting, receiver and transfer of interest. Dismissed for want of equity. Appeal from the Superior Court of Cook county; the Hon. Denis E. Sullivan, Judge, presiding. Heard in the second division of this court for the first district at the October term, 1926.
    Affirmed.
    Opinion filed October 4, 1927.
    C. B. Latham, H. P. Young and Chas. Martin, for appellants. William E. Cloyes and B. J. Klingler, for appellees.
   Mr. Justice Gridley

delivered the opinion of the court.


text:
    The Miller-Jones Company, plaintiff in error, v. L. Feldman, trading as L. Feldman & Company, defendant in error.
    Gen. No. 31,614.
    Order vacating judgment for plaintiff for balance due, and judgment for defendant. Error to the Municipal Court of Chicago; the Hon. John B. Newcomer, Judge, presiding. Heard in the second division of this court for the first district" at the March term, 1927.
    Reversed.
    Opinion filed October 4, 1927.
    Meyer Shapiro, for plaintiff in error. Benjamin Feldman, for defendant in error.
   Mr. Justice Gridley

delivered the opinion of the court.


text:
    Sam Kalas, appellee, v. Demetra Fancy Bakery, appellant.
    Gen. No. 31,705.
    Action for balance due on salary. Judgment for plaintiff. Appeal from the Municipal Court of Chicago; the Hon. Laurence B. Jacobs, Judge, presiding. Heard in the second division of this court for the first district at the March term, 1927.
    Affirmed.
    Opinion filed October 4, 1927.
    James B. Heffernan, for appellant. Bassler, Bippus & Rose, for appellee.
   Mr. Justice Gridley

delivered the opinion of the court.


text:
    Radio Receptor Company, Inc., appellee, v. Standard Radio Corporation, appellant.
    Gen. No. 31,728.
    Assumpsit for balance due on goods sold and delivered. Judgment for plaintiff. Appeal from the Municipal Court of Chicago; the Hon. John H. Lyle, Judge, presiding. Heard in the second division of this court for the first district at the March term, 1927.
    Reversed and remanded.
    Opinion filed October 4, 1927.
    Morris Kompel, for appellant. Sidney E. Levy, for appellee.
   Mr. Justice Gridley

delivered the opinion of the court.


text:
    Sam Greenberg, appellee, v. Sam Hayman, appellant.
    Gen. No. 31,743.
    Action to recover rent. Judgment against" defendant. Appeal from the Municipal Court of Chicago; the Hon. J. Fred Gilster, Judge, presiding. Heard in the second division of this court for the first district at the March term, 1927.
    Reversed with findings of fact.
    Opinion filed October 4, 1927.
    Carl F. Lund, for appellant. No appearance for appellee.
   Mr. Justice Gridley

delivered the opinion, of the court.


text:
    Otis Beeman, appellee, v. A. A. Morrison Company, appellant.
    Gen. No. 31,765.
    Action for negligent injury to -hotise. Judgment for plaintiff. Appeal from the Municipal Court of Chicago; the Hon;-A. W. Summers, Judge, presiding. Heard in the second division of this court for4he first district at the March term, 1927.
    -Reversed with findings of "fact.
    Opinion filed October 4, 1927.
    . Campbell & Fischer, for appellant. Cayepcler. & Milchrist, for appellee, .. ...... " , ■ . . . _ . ...
   Mr. Justice Gridley

delivered the opinion of the court.


text:
    William Eisenstadt, appellant, v. Interstate Packing Company, appellee.
    Gen. No. 31,777.
    Action to recover damages for breach of contract. Judgment against plaintiff for costs. Appeal from the Municipal Court of Chicago; the Hon. Samuel H. Trude, Judge, presiding. Heard in the second division of this court for the first district at the March term, 1927.
    Reversed and judgment here against defendant for $720 with findings of fact.
    Opinion filed October 4, 1927.
    Rehearing denied October 17, 1927.
    Philip Richard Davis, for appellant; William Friedman, of counsel. Edward J. McArdle, Jr., for appellee.
   Mr. Justice Gridley

delivered the opinion of the court.


author: Mr.' Justice Gridley

text:
    August Sandberg and Mary Sandberg, appellees, v. Samuel L. Cooper, appellant.
    Gen. No. 31,800.
    Action to recover earnest money paid on unconsummated realty sales contract. Judgment for plaintiffs. Appeal from the Municipal Court of Chicago; the Hon. James J. O’Toole, Judge, presiding. Heard in the second division of this court for the first district at , the March term, 1927.
    Reversed and remanded.
    Opinion filed October 4, 1927.
    Litsinger, Healy & Reid, for appellant. Charles D. Callahan, for appellees.
   Mr.' Justice Gridley

delivered the opinion of the court.


text:
    R. A. J. Schneider, appellee, v. Fidelity Construction Company, appellant.
    Gen. No. 31,809.
    Action to recover commissions on contracts secured for defendants. Judgment for plaintiff. Appeal from the Municipal Court of Chicago; the Hon. John H. Lyle, Judge, presiding. Heard in the second division of this court for the first district at the March term, 1927.
    Reversed and remanded.
    Opinion filed October 4, 1927.
    Louis W. Mack, for appellant; William H. Tuttle, of counsel. Underwood, Stevens & Timm, for appellee; John E. Timm, of counsel.
   Mr. Justice Gridley

delivered the opinion of the court.


text:
    Alice Banta, appellee, v. Mrs. Paul Mattson, appellant. Enos Kaschassy, appellee, v. Mrs. Paul Mattson, appellant.
    Gen. No. 31,819.
    Gen. No. 31,820.
    Detinue for recovery of goods held on innkeeper’s lien. Judgment for plaintiff. Appeal from the Municipal Court of Chicago; the Hon. Albert B. George, Judge, presiding. Heard in the second division of this court for the first district at the March term, 1927.
    Reversed and remanded.
    Opinion filed October 4, 1927.
    David Lipman, for appellants. No appearance for appellees.
   Mr. Justice Gridley

delivered the opinion of the court.


text:
    J. C. Jackson, appellee, v. Joseph Cara, appellant.
    Gen. No. 31,828.
    Action to recover balance due. Judgment for plaintiff. Appeal from the Municipal Court of Chicago; the Hon. T. H. Miller, Judge, presiding. Heard in the second division of this court for the first district at the March term, 1927.
    Affirmed.
    Opinion filed October 4, 1927.
    Rehearing denied October 17, 1927.
    Jacob Levy, for appellant; J. M. Gwin, of counsel. Murry & Lee, for appellee; Orville W. Lee and W. L. Murray, of counsel.
   Mr. Justice Gridley

delivered the opinion of the court.


text:
    Charles S. Roberts, appellee, v. Charles Johns, appellant.
    Gen. No. 31,838.
    Assumpsit for money advanced and liabilities contracted. Judgment for plaintiff. Appeal from the Superior Court of Cook county; the Hon. Joseph B. David, Judge, presiding. Heard in the second division of this court for the first district at the March term, 1927.
    Reversed and remanded.
    Opinion filed October 4, 1927.
    Henry B. Spurlock and Edward H. S. Martin, for appellant. Theodore A. Kolb, for appellee; Wendell H. Shanner, of counsel.
   Mr. Justice Gridley

delivered the opinion of the court.


text:
    Frank H. Mesce, appellee, v. Benjamin Kulp and Madison & Kedzie State Bank, appellants.
    Gen. No. 31,961.
    Bill to enjoin entering judgment on judgment note and selling collateral. Order granting interlocutory injunction. Appeal from an. interlocutory injunetional order of the Circuit Court of Cook county; the Hon. Hugo M. Friend, Judge, presiding. Heard in the second division of this court for the first district at the March term, 1927.
    Reversed.
    Opinion filed October 4, 1927.
    Isaac B. Lipson, for appellants. Litsinger, Healy & Reid, for appellee.
   Mr. Justice Gridley

delivered the opinion of the court.


author: Mr. Presiding Justice Matchett

text:
    John L. Forsythe for use of Midwest Collection Bureau, appellee, v. Felsenheld & Daniels Paper Company, appellant.
    Gen. No. 31,411.
    Garnishment. Judgment for garnishor. Appeal from the Municipal Court of Chicago; the Hon. Joel C. Fitch, Judge, presiding. Heard in the first division of this court for the first district at the October term, 1926.
    Reversed with finding of facts.
    Opinion filed October 10, 1927.
    George C. Otto, for appellant. Clarence A. Samuel, for appellee.
   Mr. Presiding Justice Matchett

delivered the opinion of the court.


text:
    Truly Warner Company, Inc., appellee, v. Kaufman Hats, Inc., appellant.
    Gen. 31,516.
    Forcible detainer. Judgment for plaintiff. Appeal from the Municipal Court of Chicago; the Hon. Asa G. Adams, Judge, presiding. Heard in the first division of this court for the first district at the October term, 1926.
    Affirmed.
    Opinion filed October 10, 1927.
    Stein, Mayer & David, for appellant; Sigmund W. David, of counsel. Follansbee, Shorey & Sehupp, for appellee; Clyde E. Shorey, Louis Salant and Fred Barth, of counsel.
   Mr. Presiding Justice Matchett

delivered the opinion of the court.


text:
    Cecelia Thomas, administratrix of the estate of Samuel F. Thomas, deceased, appellee, v. Chicago, Burlington & Quincy Railroad Company, appellant.
    Gen. No. 31,538.
    Action under Federal Employers ’ Liability Act for causing death of plaintiff’s intestate. Judgment for plaintiff. Appeal from the Circuit Court of Cook county; the Hon. Walter Brewer, Judge, presiding. Heard in the first division of this court for the first district at the October term, 1926.
    Affirmed.
    Opinion filed October 10, 1927.
    Rehearing denied October 24, 1927.
    J. A. Connell, for appellant; Bruce Scott, of counsel. Joseph D. Ryan, for appellee.
   Mr. Presiding Justice Matchett

delivered the opinion of the court.


text:
    Katie G. Sack and Bernard Sack, trading as Sack Realty Company, defendants in error, v. Joseph D. Stern, plaintiff in error.
    Gen. No. 31,604.
    Action to recover realty broker’s commission. Judgment for plaintiff. Error to the Municipal Court of Chicago; the Hon. J. Fred Gilster, Judge, presiding. Heard in the first division of this court for the first district at the March term, 1927.
    Affirmed.
    Opinion filed October 10, 1927.
    Rehearing denied October 24, 1927.
    Harris B. Gaines and W. Chester Kitchen, for plaintiff in error. Fischel, Kahn, Heart & Epstein, for defendants in error; Bernard M. Epstein, of counsel.
   Mr. Presiding Justice Matchett

delivered the opinion of the court.


text:
    Karoline Seidel et al., defendants in error, v. Margaret Holcomb et al., plaintiffs in error.
    Gen. No. 31,659.
    Bill to foreclose trust deed. Decree for complainants. Error to the Circuit Court of Cook county; the Hon. Francis S. Wilson, Judge, presiding. Heard in the first division of this court for the first district at the March term, 1927.
    Writ dismissed.
    Opinion filed October 10, 1927.
    Joseph E. Winterbotham, for plaintiffs in error. Harold A. Fein, for defendants in error.
   Mr. Presiding Justice Matchett

delivered the opinion of the court.


text:
    Domenico Albergo, also known as Dominick Albergo, appellee, v. Cairoli Gigliotti, appellant.
    Gen. No. 31,737.
    Action to recover- amount paid on attorney’s retainer contract. Judgment for plaintiff. Appeal from the Municipal Court of Chicago; the Hon. William R. Fetzer, Judge, presiding. Heard in the first division of this court for the first district at the March term, 1927.
    Reversed and remanded.
    Opinion filed October 10, 1927.
    Cairoli Gigliotti, pro se, for appellant; Guy Carpenter, of counsel. Townley, Wild, Campbell & Clark, for appellee; Charles V. Clark and Allin H: Pierce, of counsel.
   Mr. Presiding Justice Matchett

delivered the opinion of the court..


text:
    I. Dohnal, appellee, v. R. C. Horne, appellant.
    Gen. No. 31,745.
    .Action to. recover damages to automobile from collision. Judgment for plaintiff. Appeal from the Municipal Court of Chicago; the Hon., .Tames J. O’Toole, Judge, presiding. Heard in the first division of this court for the first district at the March term, 1927.
    Reversed with finding of facts.
    Opinion filed October 10, 1927.
    Walter Hamilton, for appellant. James R. Hanrahan, for appellee.
   Mr. Presiding Justice Matchett

delivered the opinion of the court.


text:
    A. E. Bjork, appellee, v. Frank Waikasas and Mary Waikasas, appellants.
    Gen. No. 31,764.
    Action on contract for house repairs. Judgment for plaintiff. Appeal from the Municipal Court of Chicago; the Hon. Samuel II. Trude, Judge, presiding. Heard in the first division of this court for the first district at the March term, 1927.
    Reversed and remanded.
    Opinion filed October 10, 1927.
    Hermann P. Haase, for appellants. No appearance for appellee.
   Mr. Presiding Justice Matchett

delivered the opinion of the court.


text:
    Charles C. Bellante, trading as Charles C. Bellante & Company, appellee, v. Andrew John Swanson, appellant.
    Gen. No. 31,773.
    Action for realty broker’s commission. Judgment for plaintiff. Appeal from the Superior Court of Cook county; the Hon. Worth H. Caylor, Judge, presiding. Heard in the first division of this court for the first district at the March term, 1927.
    Affirmed.
    Opinion filed October 10, 1927.
    Harry A. Goldsmith, for appellant. Leesman, Roemer & Sehnell, for appellee.
   Mr. Presiding Justice Matchett

delivered the opinion of the court.


text:
    Robert H. Holmes, appellant, v. Harrison & Riedy, appellee.
    Gen. No. 31,834.
    Action for attorney’s fees. Judgment for defendant. Appeal from the Municipal Qourt of Chicago; the Hon. Alfar M. Eberliardt, Judge, presiding. Heard in the first division of this court, for the first district at the March term, 1927.
    Reversed and remanded.
    Opinion filed October 10, 1927.
    Robert H. Holmes, pro se. Fred J. Crowley, for appellee; Clyde C. Fisher, of counsel.
   Mr. Presiding Justice Matchett

delivered the opinion of the court.


text:
    Charles Sincere et al., appellees, v. B. A. Ciesluk, appellant.
    Gen. No. 31,864.
    Action on account stated. Judgment for plaintiffs. Appeal from the Municipal Court of Chicago; the Hon. Joel C. Fitch, Judge, presiding. Heard in the first division of this court for the first district at the March term, 1927.
    Affirmed.
    Opinion filed October 10, 1927.
    Maurice A. Baraneik and L. L. Richmond, for appellant; Lyle L. Richmond, of counsel. Mayer, Meyer, Austrian & Platt, for appellees.
   Mr. Presiding Justice Matchett

delivered the opinion of the court.


author: Mr. Presiding Justice Matehett

text:
    Hankel Printing Company, appellant, v. A. B. Messer et al., appellees.
    Gen. 31,873.
    Action to recover balance clue on guaranty of payment. Judgment for defendants. Appeal from the Municipal Court of Chicago; the Hon. Joseph W. Schulman, Judge, presiding. Heard in the first division of this court for the first district at the March term, 1927.
    Reversed and remanded.
    Opinion filed October 10, 1927.
    William J. Sheridan, for appellant. W. A. Cannon, for appellees.
   Mr. Presiding Justice Matehett

delivered the opinion of the court.


text:
    Edward S. Foster and William W. Tibbits, trading as Foster & Tibbits, appellees, v. John A. Carroll, appellant.
    Gen. No. 31,879.
    Action on account stated for services rendered. Judgment for plaintiffs. Appeal from the Municipal Court of Chicago; the Hon. William E. Viner, Judge, presiding. Heard in the first division of this court for the first district at the March term, 1927.
    Affirmed.
    Opinion filed October 10, 1927.
    Coburn, Kearney & Coburn, for appellant. Henry R. Baldwin, for appellees.
   Mr. Presiding Justice Matehett

delivered the opinion of the court.


text:
    A. L. Geidel, appellee, v. Jacob Lieberman, trading as Medinah Pharmacy, appellant.
    Gen. No. 31,888.
    Action for personal injury from drug furnished contrary to order. Judgment for plaintiff. Appeal from the Municipal Court of Chicago; the Hon. R. R. Fowler, Judge, presiding. Heard in the first division of this court for the first district at the March term, 1927.
    Affirmed.
    Opinion filed October 10, 1927.
    Hyman Soboroff, for appellant. Laurence M. Fine and Nathan Paekler, for appellee.
   Mr. Presiding Justice Matehett

delivered the opinion of the court.


text:
    James T. DeVere, appellee, v. Bridget Rabbit, appellant.
    Gen. No. 31,897.
    Action for attorney’s fees. Judgment for plaintiff. Appeal from the Municipal Court of Chicago; the Hon. Philip J. Finnegan, Judge, presiding. Heard in the first division of this court for the first district at the March term, 1927.
    Affirmed.
    MeSurely, J., dissents.
    Opinion filed October 10, 1927.
    Edward R. Weinstein, for appellant. George McMahon, for appellee.
   Mr. Presiding Justice Matehett

delivered the opinion of the court.


text:
    Lewis H. Feldman, appellant, v. Charles A. Burke and Mae Burke, appellees.
    Gen. No. 31,910.
    Action for rent. Judgment for defendants. Appeal from the Municipal Court of Chicago; the Hon. Daniel P. Trude, Judge, presiding; Heard in the first division of this court for the first district at the March term, 1927.
    Affirmed.
    Opinion filed October 10, 1927.
    William Feldman, for appellant. No appearance for appellees.
   Mr. Presiding Justice Matehett

delivered the opinion of the court.


text:
    Bernice Wilens, appellee, v. Yellow Cab Company, appellant.
    Gen. No. 31,919.
    Action to recover for personal injuries from being struck by automobile. Judgment for plaintiff. Appeal from the Superior Court of Cook county; the Hon. Willis F. Graham, Judge, presiding. Heard in the first division of this court for the first district at the March term, 1927.
    Affirmed.
    Opinion filed October 10, 1927.
    Samuels, Costello & Greenberg and Rose & Symmes, for appellant. Morse Ives, H. H. Patterson and Charles C. Bodenstab, for appellee; H. H. Patterson, of counsel.
   Mr. Presiding Justice Matchett

delivered the opinion of the court.


text:
    The People of the State of Illinois ex rel. Erna Zulke, appellee, v. Glen House, appellant.
    Gen. No. 31,931.
    Bastardy proceeding. Judgment of filiation and for maintenance. Appeal from the Municipal Court of Chicago; the Hon. John Sbarbaro, Judge, presiding. Heard in the first division of this court for the first district at the March term, 1927.
    Affirmed.
    Opinion filed October 10, 1927.
    Cameron Latter, for appellant. Robert E. Crowe, State’s Attorney, for appellee; Lee R. LaRochelle and Edward E. Wilson, Assistant State’s Attorneys, of counsel.
   Mr. Presiding Justice Matchett

delivered the opinion of the court.


text:
    Sol Rubin, appellant, v. Israel Blume et al., appellees.
    Gen. No. 31,936.
    Bill for accounting, conveyance and injunction. Dismissed for want of equity. Appeal from the Superior Court of Cook county; the Hon. Oscar Hebei, Judge, presiding. Heard in the first division of this court for the first district at the October term, 1926.
    Affirmed.
    Opinion filed October 10, 1927.
    Granville W. Browning and Clark & Clark, for appellant. Epstein & Feiwell, for appellees.
   Mr. Presiding Justice Matchett

delivered the opinion of the court.


text:
    W. B. Martin, appellee, v. Chicago Flat Janitors’ Union et al., on appeal of Oscar F. Nelson et al., appellants.
    Gen. No. 31,975.
    Bill for injunction without notice to restrain picketing an apartment building. Temporary injunction granted. Appeal from interlocutory order of the Circuit Court of Cook county; the Hon. Hugo M. Friend, Judge, presiding. Heard in the first division of this court for the first district at the March term, 1927.
    Affirmed.
    Opinion filed October 10, 1927.
    Oscar F. Nelson and Joseph A. Ricker, for appellants. Otto A. Jnburek and James S. Wight, for appellee.
   Mr. Presiding Justice Matchett

delivered the opinion of the court.


author: Mr. Justice MeSurely

text:
    Commonwealth Reserve Fund, Inc., defendant in error, v. Mary A. Vincent et al., plaintiffs in error.
    Gen. No. 31,181.
    Bill to foreclose chattel mortgage. Decree for complainant. Error to the Circuit Court of Cook county; the Hon. Hugo M. Friend, Judge, presiding. Heard in the first division of this court for the first district' at the October term, 1926.
    Affirmed.
    Opinion filed October 10, 1927.
    Rehearing denied October 24, 1927.
    Jacob Levy, for plaintiffs in error. Willard C. Lindsay, for defendant in error.
   Mr. Justice MeSurely

delivered the opinion of the court.


text:
    Mae Belle Conroyd, executrix of the last will and testament of Frank Conroyd, deceased, appellee, v. Yellow Cab Company, appellant.
    Gen. No. 31,570.
    Action for death by wrongful act in automobile collision. Judgment for plaintiff. Appeal from the Superior Court of Cook county; the Hon, Timothy D. Hurley, Judge, presiding. Heard in the first division' of this court for the first district at the October term, 19.26.
    Affirmed,
    Opinion filed October 10, 1927.
    Samuels, Costello & Greenberg, John E. Kehoe and Busby, Weber, Miller - & Donovan, for appellant. James C. MeShane, for appellee.
   Mr. Justice MeSurely

delivered the opinion of the court.


text:
    J. H. Kaplan, substituted for Doctors Service Corps., Inc., defendant in error, v. Samuel Spitzer, plaintiff in error.
    Gen. No. 31,597.
    Appeal from order dismissing defendant’s appeal from justice court judgment. Error to the Circuit Court of Cook county; the Hon. John R. Caverly, Judge, presiding. Heard in the first division of this court for the first district at the March term, 1927.
    Reversed and remanded.
    Opinion filed October 10, 1927.
    Henry N. Shabsin, for plaintiff in error. No appearance for defendant in error.
   Mr. Justice MeSurely

delivered the opinion of the court.


text:
    Julia Pales, defendant in error, v. Walter Pales, plaintiff in error.
    Gen. No. 31,629.
    Bill for divorce. Decree granted and realty ordered deeded to complainant. Error to the Circuit Court of Cook county; the Hon. George Fred Rush, Judge, presiding. Heard in the first division of this court for the first district at the March term, 1927.
    Cause transferred to the Supreme Court.
    Opinion filed October 10, 1927.
    Elbridge W. Rice, for plaintiff in error. No appearance for defendant in error.
   Mr. Justice MeSurely

delivered the opinion of the court.


author: Mr. Presiding Justice Jett

text:
    Second District.
    Charles R. Lyon and William I. Lyon, appellees, v. Oscar Rubin et al., appellants.
    Gen. No. 7,653.
    Forcible detainer. Judgment for plaintiff. Appeal from the Circuit Court of Lake county; the Hon. Edward D. Shurtleff, Judge, presiding. Heard in this court at the April term, 1926.
    Affirmed.
    Opinion filed August 4, 1907.
    Rehearing denied October 19, 1927.

      Alex F. Beaubien and Slottow & Levitón, for appellants; Charles Levitón, of counsel. Ralph J. Dady, George W. Field and Reeve & Heywood, for appellees; Harold L. Reeve, of counsel.
   Mr. Presiding Justice Jett

delivered the opinion of the court.


text:
    Edwin F. Lawrence et al,, appellants, v. Lelia S. Wolfersperger, executrix of the last will and testament of Aaron A. Wolfersperger, deceased, et al., appellees.
    Gen. 7,692.
    Appeal from order classifying claims against an estate. Appeal from the Circuit Court of Whiteside county; the Hon. Charles J, Searle, Judge, presiding. Heard in this court at the October term, 1926.
    Affirmed.
    Opinion filed August 4, 1927.
    Rehearing denied and opinion slightly modified October 19, 1927.
    Carl E. Sheldon, MeCalmont & Ramsay, Jacob Cantlin and H. A. Brooks, for appellants. Ward, Ward & Ward, for appellees; A. J. Seheineman, of counsel.
   Mr. Presiding Justice Jett

delivered the opinion of the court.


author: Mr, Presiding Justice Jett

text:
    The People of the State of Illinois, defendant in error, v. Fred L. Rupel, plaintiff in error.
    Gen. No. 7,694.
    Conviction of unlawful possession and sale of intoxicants. Error to the County Court of Du Page county; the Hon. S. L. Rathje, Judge, presiding. Heard in this court at the October term, 1926.
    Affirmed.
    Opinion filed September 29, 1927.
    Raphael W. Marrow, for plaintiff in error. C. W, Reed, for defendant in error.
   Mr, Presiding Justice Jett

delivered the opinion of the court.


text:
    The County of Whiteside, Illinois, appellant, v. The County of Lee, Illinois, appellee.
    Gen. No. 7,716.
    Action to recover share of repair cost for bridge near county line. Judgment for defendant. Appeal from the Circuit Court of Lee county; the Hon. William J. Emerson, Judge, presiding. Heard in this court at the April term, 1927.
    Reversed and remanded.
    Opinion filed September 29, 1927.
    Rehearing denied November 8, 1927.
    Robert W. Besse, State’s Attorney, for appellant. Mark C. Keller, State’s Attorney, for appellee.
   Mr. Presiding Justice Jett

delivered the opinion of the court.


text:
    Lizzie Landretto, appellee, v. First Trust & Savings Bank of Chicago, appellant.
    Gen. No. 7,723.
    Reference in divorce suit to determine ownership of bank account. Decree for complainant against bank defendant. Appeal from the Circuit Court of Rock Island county; the Hon. Charles J. Searle, Judge, presiding. Heard in this court at the October term, 1926.
    Affirmed.
    Opinion filed September 29, 1927.
    Marshall & Marshall, for appellant. Connelly, Weld, Walker, Searle-■'& Gramptoh, for appellee; H. A. Weld, of counsel. ■
   Mr. Presiding Justice Jett

delivered the opinion of the court.


text:
    Isaac Thomason, appellee, v. Central Illinois Public Service Company, appellant.
    Gen. No. 7,761.
    Action for personal injuries. Judgment for plaintiff. Appeal from the Circuit Court of Iroquois county; the Hon. Arthur W. De Seim, Judge, presiding. Heard in this court at the April term, 1927.
    Affirmed.
    Opinion filed September 29, 1927.
    Yause & Kiger, for appellant; A. F. Goodyear, of counsel. J. H. Dyer and J. W. Kern, for appellee.
   Mr. Presiding Justice Jett

delivered the opinion of the court.


text:
    Thomas Bratt, appellee, v. John Losher, commissioner of highways, appellant.
    Gen. No. 7,764.
    Bill for injunction against vacating old road and for removing obstructions therefrom. Injunction granted. Appeal from the Circuit Court of Woodford county; the Hon. Stevens R. Baker, Judge, presiding. Heard in this court at the April term, 1927.
    Affirmed in part and reversed in part.
    Opinion filed September 29, 1927.
    John R. Tweddale, State’s Attorney, and Barnes, Magoon & Horton, for appellant. Wallace J. Black and Clyde M. West, for appellee.
   Mr. Presiding Justice Jett

delivered the opinion of the court.


text:
    The Board of Education of School District No. 62, Whiteside County, complainant, v. Smith Trust & Savings Bank and United States Fidelity & Guaranty Company, defendants. Appeal of United States Fidelity & Guaranty Company, appellant, v. Smith Trust & Savings Bank, appellee.
    Gen. No. 7,767.
    Bill to require interpleader on fund held by complainant. Decree for contractor’s creditor against his guarantor on work for complainant. Appeal from the Circuit Court of Whiteside county; the Hon. William T. Church, Judge, presiding. Heard in this court at the April term, 1927.
    Reversed and remanded.
    Opinion filed September 29, 1927.
    E. L. Miller and M. C. Rogers, for appellant. McCalmont & Ramsay, for appellee.
   Mr. Presiding Justice Jett

delivered the opinion of the court.


text:
    Ernest Brook, trustee, and M. A. Carmack, complainants, appellees, v. Pistakee Boat & Engine Company et al., defendants. Pistakee Boat & Engine Company, appellant.
    Gen. No. 7,794.
    Bill to foreclose trust deed. Appeal by defendants from order to pay costs and expenses upon affirmance of decree for plaintiff. Appeal from the Circuit Court of Lake county; the Hon. Claire C. Edwards, Judge, presiding. Hegrd in this court at the April term, 1927.
    Reversed and remanded.
    Opinion filed September 29, 1927.
    Otto E. Ring and Eugene M. Runyard, for appellant. D. T. Smiley, for appellees.
   Mr. Presiding Justice Jett

delivered the opinion of the court.


text:
    Leaf River State Bank, appellant, v. Jesse W. Paul, appellee.
    Gen. No. 7,805.
    Action on judgment note. Judgment for defendant. Appeal from the Circuit Court of Winnebago county; the Hon. Edward D. Shurtleff, Judge, presiding. Heard in this court at the April term, 1927.
    Affirmed.
    Opinion filed September 29, 1927.
    David D. Madden and Loretta Laden, for appellant. H. A. Brooks, for appellee.
   Mr. Presiding Justice Jett

delivered the opinion of the court.


author: Mr. Justice Boggs

text:
    The People of the State of Illinois, defendant in error, v. Hugh Haskins, plaintiff in error.
    Gen. No. 7,733.
    Prosecution for unlawful sale of intoxicants. Conviction and sentence. Error to the County Court of Knox county; the Hon. Edward S. Stiekney, Judge, presiding. Heard in this court at the April term, 1927.
    Affirmed.
    Opinion filed September 29, 1927.
    Rehearing denied November 8, 1927.
    Leo P. Baird, for plaintiff in error. R. C. Rice and S. M. Meadows, for defendant in error.
   Mr. Justice Boggs

delivered the opinion of the court.


text:
    Lena Moulton, appellee, v. Eugene A. Moulton, appellant.
    Gen. No. 7,737.
    Action on judgment note. Judgment for plaintiff. Appeal from the Circuit Court of Kane county; the Hon. John K. Newhall, Judge, presiding. Heard in this court at the April term, 1927.
    Reversed and remanded.
    Opinion filed September 29, 1927.
    Justus Chancellor, for appellant. Charles I. MeNett, for appellee.
   Mr. Justice Boggs

delivered the opinion of the court.


text:
    Marian Freeman Powers, appellee, v. Ray A. Powers, appellant.
    Gen. No. 7,773.
    Bill for divorce. Decree for complainant. Appeal from the Circuit Court of Peoria county; the Hon. Theodore N. Green, Judge, presiding. Heard in this court at the April term, 1927.
    Reversed and remanded with directions.
    Opinion filed September 29, 1927.
    Irving Shutts and Miller, Elliott & Westervelt, for appellant. Wallace J. Black and Clyde M. West, for appellee.
   Mr. Justice Boggs

delivered the opinion of the court.


text:
    The People of the State of Illinois, defendant in error, v. Gerhart Gordon, plaintiff in error.
    Gen. No. 7,776.
    • Prosecution for unlawful sale and possession of intoxicants. Conviction and sentence. Error to the Circuit Court of McHenry county; the Hon. Edward D. Shurtleff, Judge, presiding. Heard in this court at the April term, 1927.
    Affirmed.
    Opinion filed September 29, 1927.
    V. S. Lumley, for plaintiff in error. Alford H. Pouse, State’s Attorney, and James J. McCauley, Assistant State’s Attorney, for defendant in error.
   Mr. Justice Boggs

delivered the opinion of the court.


text:
    Lena May Clark, appellee, v. John Clark, appellant.
    Gen. No. 7,779.
    Bill for divorce. Decree for complainant. Appeal from the Circuit Court of Stark county; the Hon. Frank E. Shopen, Judge, presiding. Heard in this' court at the April term, 1927.
    Reversed and remanded with directions.
    Opinion filed September 29, 1927.
    John W. Ming, Jr., for appellant. Brian & McManus, for appellee.
   Mr. Justice Boggs

delivered- the opinion of the court..


text:
    T. C. McCann, appellee, v. Subscribers at Reliance Automobile Indemnity Exchange, appellants.
    Gen. No. 7,782.
    Action to recover fire insurance on automobile. Judgment for. plaintiff. Appeal from the Circuit Court of Peoria county; the Hon. John M. Niehaus, Judge, presiding. Heard in this court at the April term, 1927.
    Reversed and remanded.
    Opinion filed September 29, 1927.
    McGrath & Stone, for appellants. Hunter, Page & Kavanagh, for appellee.
   Mr. Justice Boggs

delivered the opinion of the court.


text:
    A. E. Hart, appellant, v. Charles Allen, appellee.
    Gen. No. 7,786.
    Action for realty broker’s commissions. Judgment for defendant. Appeal from the Circuit Court of Winnebago county; the Hon. Arthur E. Eisher, Judge, presiding. Heard in this court at the April term, 1927.
    Affirmed.
    Opinion filed September 29, 1927.
    Garrett, Maynard & Fell, for appellant. J. E. Goembel and Andrews & Essington, for appellee.
   Mr. Justice Boggs

delivered the opinion of the court. '


text:
    Rosalie Elder Nelson, appellant, v. Richard R. Meents, formerly conservator and now ex-officio administrator of the estate of Michael King, deceased, appellee.
    Gen. No. 7,793.
    Assumpsit on promissory notes. ■ Appeal by plaintiff from nominal judgment for her. Appeal from the Circuit Court of Kankakee county; the Hon. Frederick A. Hill, Judge, presiding. Heard in this court at the April term, 1927.
    Reversed and remanded.
    Opinion filed September 29, 1927.
    Frank J, Burns, James T. Burns and Schneider & Schneider, for appellant. J. W. Kern and John A. Mayhew, for appellee.
   Mr. Justice Boggs

delivered the opinion of the court.


text:
    C. B. Swartz v. Bernard Lannen. Peter Lannen, appellant, v. C. B. Swartz, appellee.
    Gen. No. 7,799.
    Interpleader in attachment. Judgment against interpleader. Appeal from the Circuit Court of Lee county; the Hon. Harry L. Heer, .Judge, presiding. Heard in this court at the April term, 1927..
    Reversed with finding of fact.
    Opinion filed September 29, 1927.
    M. J. Gannon and E. M. Bunnell, for appellant. H. A. Brooks, for appellee.
   Mr. Justice Boggs

delivered the opinion of the court,


author: Mr. Justice Jones

text:
    The People of the State of Illinois, defendant in error, v. Charles Dukas and Chappie Tyrrell, plaintiffs in error.
    Gen. No. 7,673.
    Convietion for keeping gambling house- and possessing gambling apparatus. ■ Error to the County Court of Lake county; the Hon. Perry L. Persons, Judge, presiding. • Heard in this court at the October term, 1926.
    Affirmed.
    Opinion filed September 29, 1927.
    James G. Welch, for plaintiffs in error. Ashbel V. Smith, State’s Attorney, for defendant in error; Sidney H. Block, of counsel.
   Mr. Justice Jones

delivered the opinion of the court.