text:
    Acme Industrial Company, appellant, v. Charles B. Alyea, appellee.
    Gen. No. 31,756.
    Action on account stated. Judgment for defendant on set-off. Appeal from the Superior Court of Cook county; the Hon. Joseph B. David, Judge, presiding.
    Heard in the third division of this court for the first district at the March term, 1927.
    Reversed and remanded.
    Opinion filed December 21, 1927.
    Eastman, White, Hawxhurst & Lind, for appellant.
    Preston Clark, for appellee; Louis A. Sherman, of counsel.
   Mr. Presiding Justice Taylor

delivered the opinion of the court.


source: Caselaw Access Project

author: Mr. Presiding Justice Taylor

license: Public Domain

text:
    Celia Walder, appellant, v. Alvin Cohen, appellee.
    Gen. No. 31,766.
    Action on promissory note. Judgment against plaintiff. Appeal from the Municipal Court of Chicago; the Hon. John A. Bugee, Judge, presiding.
    Heard in the third division of this court for the first district at the March term, 1927.
    Reversed and judgment here.
    Opinion filed December 21, 1927.
    Philip E. Laby, for appellant.
    No appearance for appellee.
   Mr. Presiding Justice Taylor

delivered the opinion of the court.


text:
    Samuel Donian, appellee, v. Mardros Gorgorian, appellant.
    Gen. No. 31,813.
    Action on oral promise to pay. 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 March term, 1927.
    Affirmed.
    Opinion filed December 21, 1927.
    Connell, Gombiner & Ward, for appellant. Joseph Rosenberg and Benjamin Rosenberg, for appellee.
   Mr. Presiding Justice Taylor

delivered the opinion of the court.


author: Mr, Presiding Justice Taylor

text:
    John Roclawski, appellee, v. Joseph Goszczynski, appellant.
    Gen. No. 31,881.
    Action for damages to automobile in collision. Judgment for plaintiff. Appeal from the Municipal Court of Chicago; the Hon. James J. O’Toole, Judge, presiding.
    Heard in the third division of this court for the first district at the March term, 1927.
    Affirmed.
    Opinion filed December 21, 1927.
    E. R. Hartigan, for appellant.
    Z. H. Kadow, for appellee.
   Mr, Presiding Justice Taylor

delivered the opinion of the court.


author: Mr, Justice Holdom

text:
    Peck & Hills Furniture Company, appellee, v. Harry Bresn, appellant.
    Gen. No. 31,769.
    Action for goods sold and delivered. Judgment for plaintiff. Appeal from the Municipal Court of Chicago; the Hon. William R. Fetzer, Judge, presiding.
    Heard in the third division of this court for the first district at the March term, 1927.
    Affirmed.
    Opinion filed December 21, 1927.
    Teller, Levit, Silvertrust & Levi, for appellant.
    Clithero, Osborn & Stevens, for appellee.
   Mr, Justice Holdom

delivered the opinion of the court.


author: Mr. Justice Holdom

text:
    Second Security National Bank of Chicago, appellee, v. M. L. Frank et al., on appeal of W. I. Denny, appellant.
    Gen. No. 31,778.
    Action on promissory note. Judgment for plaintiff. Appeal from the Municipal Court of Chicago; the Hon. Joseph W. Schulman, Judge, presiding.
    Heard in the third division of this court for tho first district at the March term, 1927.
    Affirmed.
    Opinion filed December 21, 1927.
    William R. Wiley, for appellant.
    Townley, Wild, Campbell & Clark, for appellee; Charles V, Clark and Frederick D. Carroll, of counsel.
   Mr. Justice Holdom

delivered the opinion of the court.


text:
    A. Weinraub, trading as Atlas Window Cleaning Company, appellee, v. Avery Brundage, appellant.
    Gen. No. 31,801.
    Assumpsit for work and materials furnished. Judgment for plaintiff. Appeal from the Superior Court of Cook county; the Hon. John P. MeGoorty, Judge, presiding.
    Heard in the third division of this court for the first district at the March term, 1927.
    Affirmed.
    Opinion filed December 21, 1927.
    McNab, Holmes & Long, for appellant.
    Samuel L. Golan, for appellee.
   Mr. Justice Holdom

delivered the opinion of tho court.


text:
    Morris Ecker, appellee, v. Walter Levin, appellant.
    Gen. No. 31,817.
    Action for work done. 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 the first district at the March term, 1927.
    Affirmed.
    Opinion filed December 21, 1927.
    Slottow & Levitón, for appellant;
    Charles Levitón, of counsel. Harry A. Silverstein, for appellee; Grenville Beardsley, of counsel,
   Mr. Justice Holdom

delivered the opinion of tho court.


text:
    The People of the State of Illinois ex rel. Vitagraph, Inc., appellee, v. William E. Dever et al., appellants.
    Gen. No. 31,833.
    Mandamus to compel issuance of photoplay permit. Order that writ issue. Appeal from the Circuit Court of Cook county; the Hon. Oscar M. Torrison, Judge, presiding.
    Heard in the third division of this court for the first district at the March term, 1927.
    Affirmed.
    Opinion filed December 21, 1927.
    Samuel A. Ettelson, Corporation Counsel, for appellants; James J. Coughlin, Assistant Corporation Counsel, of counsel.
    Leesman, Roemer & Schnell, for appellee.
   Mr. Justice Holdom

delivered the opinion of the court.


text:
    In re estate of Lawrence S. Williams, deceased. Alice Tyler, executrix of the estate of Adaline Williams, deceased, appellee, v. Ethel M. Williams, administratrix of the estate of Lawrence S. Williams, deceased, appellant.
    Gen. No. 31,835.
    Claim in probate proceeding. Claim allowed. Appeal from the Circuit Court of Cook county; the Hon. Kickham Scanlan, Judge, presiding.
    Heard in the third division of this court for the first district at the March term, 1927.
    Affirmed.
    Opinion filed December 21, 1927.
    Denison, Watkins & White, for appellant.
    Dent, Dobyns & Freeman, for appellee.
   Mr. Justice Holdom

delivered the opinion of the court.


text:
    Charles Prieb, appellee, v. Crane Company, appellant.
    Gen. No. 31,842.
    Action for damages to automobile in collision. 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 the first district at the March term, 1927.
    Affirmed.
    Opinion filed December 21, 1927.
    Alden, Latham & Young, for appellant;
    Charles Martin, of counsel. No appearance for appellee.
   Mr. Justice Holdom

delivered the opinion of the court.


text:
    Mae Brudy, appellee, v. David Lipman, appellant.
    Gen. No. 31,854.
    Action on promissory note. Judgment for plaintiff. Appeal from the Municipal Court of Chicago; the Hon. Alfar M. Eberhardt, Judge, presiding.
    Heard in the third division of this court for the first district at the March term, 1927.
    Affirmed.
    Opinion filed December 21, 1927.
    Rehearing denied January 6, 1928.
    D. W. Elliott, for appellant.
    No appearance for appellee.
   Mr. Justice Holdom

delivered the opinion of the court.


text:
    Albert Rosenfield, appellant, v. Carl Ottens, appellee.
    Gen. No. 31,866.
    Action for realty broker’s commissions. Judgment against 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 March term, 1927.
    Affirmed.
    Opinion filed December 21, 1927.
    Louis A. Sherman, for appellant; Preston Clark, of counsel.
    Rathje, Wesemann, Hinckley & Barnard, for appellee.
   Mr. Justice Holdom

delivered the opinion of the court.


text:
    Samuel Wheeler for use of Thomas A. Maguire, appellant, v. Chicago Trust Company, appellee.
    Gen. No. 31,884.
    Action on express contract. Judgment against plaintiff. Appeal from the Municipal Court of Chicago; the Hon. Arnold Heap, Judge, presiding.
    Heard in the third division of this court for the first district at the March term, 1927.
    Affirmed.
    Opinion filed December 21, 1927.
    Culver, Andrews & King, for appellant; James B. McKeon, of counsel.
    Defrees, Buckingham & Eaton, for appellee; Don Kenneth Jones, of counsel.
   Mr. Justice Holdom

delivered the opinion of the court.


author: Mr. Justice Wilson

text:
    Edwin J. Roos, appellee, v. Wisconsin Lime & Cement Company and Freeman Landon, trading as Landon Cartage Company, on appeal of Freeman Landon, appellant.
    Gen. No. 31,810.
    Action for damage to automobile and driver in collision. Judgment for plaintiff. Appeal from the Superior Court of Cook county; the Hon. Harry C. Stuttle, Judge, presiding.
    Heard in the third division of this court for the district at the April term, 1927.
    Affirmed.
    Opinion filed December 21, 1927.
    Rehearing denied January 6, 1928.
    E. J. Callahan, for appellant; Bred W. Bentley, of counsel.
    Harvey E. Wynekoop and Charles C. Spencer, for appellee.
   Mr. Justice Wilson

delivered the opinion of the court.


text:
    Helen Wilmes, administratrix of the estate of John G. Wilmes, deceased, appellant, v. Jane Carlton, appellee.
    Gen. No. 31,823.
    Claim in probate on promissory notes. Judgment for claimant. Appeal from the Circuit Court of Cook county; the Hon. John A. Swanson, Judge, presiding.
    Heard in the third division of this court for the first district at the March term, 1927.
    Affirmed.
    Opinion filed December 21, 1927.
    Morris & Allen, for appellant. Hall, Spitz & Books, for appellee;
    Irvin Books and Edward Blackman, of counsel.
   Mr. Justice Wilson

delivered the opinion of the court.


text:
    T. W. Champion Realty Agency and Loan Company, appellee, v. S. A. T. Watkins, appellant.
    Gen. No. 31,836.
    Action for realty broker’s commission. Judgment for plaintiff. 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 March term, 1927.
    Affirmed.
    Opinion filed December 21, 1927.
    Denison, Watkins & White, for appellant.
    Lefkow & Lefkow, for appellee.
   Mr. Justice Wilson

delivered the opinion of the court.


text:
    Anton Z. Michulis, appellee, v. Fete Nimchoski and Mikalina Nimchoski, appellants.
    Gen. No. 31,857.
    Action for realty broker’s commission. Judgment for plaintiff. Appeal from the Municipal Court of Chicago; the Hon. B. B. Fowler, Judge, presiding.
    Heard in the third division of this court for the first district at the March term, 1927.
    Reversed and cause remanded for a new trial.
    Opinion filed December 21, 1927.
    Henry W. Olsehner, for appellants.
    Anthony A. Otis, for appellee.
   Mr. Justice Wilson

delivered the opinion of the court.


text:
    Mary Kennedy, appellee, v. Josephine G. LaMele, appellant.
    Gen. No. 31,878.
    Action to recover rent. Appeal from denial of motion to vacate confession judgment on lease. Appeal from the Municipal Court of Chicago; the Hon. Charles F. McKinley, Judge, presiding.
    Heard in the third division of this court for the first district at the March term, 1927.
    Affirmed.
    Opinion filed December 21, 1927.
    Rehearing denied January 6, 1928.
    Frank Hall Stephens and Robert Berg, for appellant.
    Abraham Greenfield, for appellee.
   Mr. Justice Wilson

delivered the opinion of the court.


text:
    George M. Akers, appellee, v. Paul Hassel et al., on appeal of John H. Billsbury, appellant.
    Gen. No. 31,887.
    Action to recover money paid on insurance stock subscription. Judgment for plaintiff. Appeal from the Circuit Court of Cook county; the Hon. Harry M. Fisher, Judge, presiding.
    Heard in the third division of this court for the first district at the March term, 1927.
    Affirmed.
    Opinion filed December 21, 1927.
    Rudolph Frankenstein, for appellant.
    Harry A. Biossat, for appellee.
   Mr. Justice Wilson

delivered the opinion of the court.


text:
    L. W. Dimsdale, appellant, v. Elizabeth McNulty, defendant. Lyon & Healy, Inc., garnishee, appellee.
    Gen. No. 31,896.
    Garnishment proceeding. Appeal from order vacating judgment. 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 March term, 1927.
    Reversed and remanded with directions.
    Opinion filed December 21, 1927.
    Rehearing denied and opinion filed on rehearing January 6, 1928.
    William R. Wiley, for appellant.
    Hamilton Johnstone, for appellee; Ralph R. Obenchain, of counsel.
   Mr. Justice Wilson

delivered the opinion of the court.


author: Mr. Presiding Justice Matehett

text:
    Alexander Bender, plaintiff in error, v. Felix Wanatowicz, defendant in error.
    Gen. No. 32,013.
    Bill for accounting. Dismissed for want of equity. Error to the Superior Court of Cook county; the Hon. Oscar Hebel, Judge, presiding.
    Heard in the first division of this court for the first district at the October term, 1927.
    Affirmed.
    Opinion filed December 27, 1927.
    Jacob Levy, for plaintiff in error; J. M. Gwin, of counsel.
    No appearance for defendant in error.
   Mr. Presiding Justice Matehett

delivered the opinion of the court.


author: Mr. Presiding Justice Matchett

text:
    Johanna Oedzes, defendant in error, v. Wesley Oedzes, plaintiff in error.
    Gen. No. 32,027.
    Bill for divorce. Decree granted. Error to the Superior Court of Cook county; the Hon. Harry A. Lewis, Judge, presiding.
    Heard in the first division of this court for the first district at the October term, 1927.
    Reversed and remanded.
    Opinion filed December 27, 1927.
    Trainer & Trainor, for plaintiff in error.
    John Prystalski and John Owens, for defendant in error.
   Mr. Presiding Justice Matchett

delivered the opinion of the court.


text:
    Frank W. Hartzer, appellee, v. Lars Olson, trading as Olson Brothers, appellant.
    Gen. No. 32,065.
    Action for breach of written contract. Judgment for plaintiff. Appeal from the Municipal Court of Chicago; the Hon. C. F. McKinley, Judge, presiding.
    Heard in the first division of this court for the first district at the October term, 1927.
    Reversed with a finding of facts.
    Opinion filed December 27, 1927.
    Anderson & Anderson, for appellant.
    Franklin Raber, for appellee.
   Mr. Presiding Justice Matchett

delivered the opinion of the court.


text:
    Great Lakes Forge Company, appellant, v. R. M. Eddy Foundry Company, appellee.
    Gen. No. 32,092.
    Action for damages from breach of contract. Judgment against 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 October term, 1927.
    Affirmed.
    Opinion filed December 27, 1927.
    Culver, Andrews & King, for appellant.
    Castle, Williams, Long & Castle, for appellee.
   Mr. Presiding Justice Matehett

delivered the opinion of the court.


text:
    William N. Cummins, appellee, v. Chicago, Rock Island & Pacific Railway Company, appellant.
    Gen. No. 32,110.
    Action for personal injuries under Federal Employers ’ Liability Act and Federal Safety Appliance Act. Judgment for plaintiff. Appeal from the Superior Court of Cook county; the Hon. Harry C. Stuttle, Judge, presiding.
    Heard in the first division of this court for the first district at the October term, 1927.
    Affirmed.
    McSurely, J., dissents.
    Opinion filed December 27, 1927.
    Daniel Taylor, for appellant.
    Joseph D. Ryan, for appellee.
   Mr. Presiding Justice Matchett

delivered the opinion of the court.


text:
    M. Boyajian, appellee, v. Charles V. Chathas, appellant.
    Gen. No. 32,128.
    Case for conversion of goods and fixtures. Judgment for plaintiff. Appeal from the Superior Court of Cook county; the Hon. Marcus Kavanagh, Judge, presiding.
    Heard in the first division of this court for the first district at the October term, 1927.
    Reversed and remanded.
    Opinion filed December 27, 1927.
    G. T. Graham, for appellant; Walter H. Shurtleff, of counsel.
    Gustav E. Beerly, for appellee; C. D. Fithian, of counsel.
   Mr. Presiding Justice Matchett

delivered the opinion of the court.


author: Mr. Justice McSurely

text:
    General Motors Acceptance Corporation, defendant in error, v. Ed. Simmons, plaintiff in error.
    Gen. No. 31,691.
    Replevin with claim in trover. Judgment for plaintiff. Error to 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 October term, 1927.
    Affirmed.
    Opinion filed December 27, 1927.
    Otto Baer, for plaintiff in error.
    Goldman, Allshouse & Healy, for defendant in error; Robert E. Dreffein, of counsel.
   Mr. Justice McSurely

delivered the opinion of the court.


text:
    Philip Edelberg, plaintiff in error, v. Samuel M. Edison, defendant in error.
    Gen. No. 31,969.
    Action for breach of contract to repurchase bonds. Judgment against plaintiff. Error to 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 October term, 1927.
    Reversed and remanded.
    Opinion filed December 27, 1927.
    Rehearing denied January 9, 1928.
    Brundage, Landon & Holt and Beryl B. Collins, for plaintiff in error.
    Myer H. Gladstone, for defendant in error.
   Mr. Justice McSurely

delivered the opinion of the court.


author: Mr. Justice MeSurely

text:
    Mary Kulewicz, defendant in error, v. Walter Gladenis, plaintiff in error.
    Gen. No. 32,007.
    Action for damages for wrongful assault. Judgment for plaintiff. Error to the Superior Court of Cook county; the Hon. L. P. Harriss, Judge, presiding.
    Heard in the first division of this court for the first district at the October term, 1927.
    Reversed and remanded.
    Opinion filed December 27, 1927.
    Slakis & Spence, for plaintiff in error.
    Milton O. Naramore, for defendant in error.
   Mr. Justice MeSurely

delivered the opinion of the court.


text:
    Cora C. Mayell, appellee, v. Maurice E. Daley and G. Lynn Osmer, jointly and severally, appellants.
    Gen. No. 32,030.
    Action for breach of contract. Judgment for plaintiff. Appeal from the Circuit Court of Cook county; the Hon. Oscar M. Torrison, Judge, presiding.
    Heard in the first division of this court for the first district at the October term, 1927.
    Affirmed.
    Opinion filed December 27, 1927.
    Chittick, Blankenship & Baltz, for appellants; C. L. Blankenship, of counsel.
    McKinley, Killingcr & Babb, for appellee.
   Mr. Justice McSurely

delivered the opinion of the court.


text:
    John Kennedy, appellee, v. J. W. Henning, appellant.
    Gen. No. 32,122.
    Action for damage to automobile in collision. Judgment for plaintiff. Appeal from the Superior Court of Cook county; the Hon. Worth E. Caylor, Judge, presiding.
    Heard in the first division of this court for the first district at the October term, 1927.
    Affirmed.
    Opinion filed December 27, 1927.
    John A. Bloomingston, for appellant.
    Murphy O. Tate, for appellee; Leo M. Tarpey, of counsel.
   Mr. Justice McSurely

delivered the opinion of the court.


author: Mr. Justice O’Connor

text:
    Morris R. Rosen et al., defendants in error, v. William C. Handley, plaintiff in error.
    Gen. No. 31,673.
    Action to recover rent. Appeal from denial of motion to open confession judgment. Error to the Municipal Court of Chicago; the Hon. Robert E. Gentzel, Judge, presiding.
    Heard in the first division of this court for the first district at the October term, 1927.
    Affirmed.
    Opinion filed December 27, 1927.
    Van Natta & King, for plaintiff in error.
    Max M. and Samuel Grossman, for defendants in error.
   Mr. Justice O’Connor

delivered the opinion of the court.


text:
    Florence B. Robinson, appellee, v. William A. Rogan et al., appellants.
    Gen. No. 31,684.
    Action to recover damages for malicious prosecution. Judgment for plaintiff. Appeal from the Superior Court of Cook county; the Hon. Worth E. Caylor, Judge, presiding.
    Heard in the first division of this court for the first district at the March term, 1927.
    Reversed and remanded.
    Opinion filed December 27, 1927.
    Sims, Welch, Godman & Stransky, Anderson & Clarke and Anderson & Roche, for appellants; Elwood G. Godman, Earle C. Hurley, Norman K. Anderson and C. Hilding Anderson, of counsel.
    Keehn, Woods & Weisl and Bernhardt Frank, for appellee; Edward G. Woods and Bernhardt Frank, of counsel.
   Mr. Justice O’Connor

delivered the opinion of the court.


text:
    The People of the State of Illinois ex rel. Eleanor M. Stallbohm, appellant, v. The Board of Education of the City of Chicago and William McAndrew, superintendent of schools of Chicago, appellees.
    Gen. No. 31,990.
    Mandamus to compel issuance of school teacher’s certificate, and to furnish position and salary. Writ refused. Appeal from the Circuit Court of Cook county; the Hon. Osear M. Torrison, Judge, presiding.
    Heard in the first division of this court for the first district at the October term, 1927.
    Affirmed.
    Opinion filed December 27, 1927.
    McGinnis & Sadoski, for appellant.
    James Todd, for appellees; Frank S. Righeimer, Ralph W. Condee and Wharton Plummer, of counsel.
   Mr. Justice O’Connor

delivered the opinion of the court.


text:
    Charles C. Giddings and Mary E. Giddings, appellees, v. Donald S. Williams and Mrs. Donald S. Williams, appellants.
    Gen. No. 32,033.
    Action to recover rent. Judgment for plaintiff. Appeal from the Municipal Court of Chicago; the Hon. Samuel H. Trude, Judge, presiding.
    Heard in the first division of this court for the first district at the October term, 1927.
    Affirmed.
    Opinion filed December 27, 1927.
    Rehearing denied January 9, 1928.
    Edwin Terwilliger, Jr., and George L. Pilkington, for appellants.
    Vail, Roe & Plamondon, for appellees.
   Mr. Justice O’Connor

delivered the opinion of the court.


text:
    Ralph B. Waite, trading as Ralph B. Waite Piano Company, appellant, v. Francis A. Williams, appellee.
    Gen. No. 32,089.
    Replevin for piano under conditional sales contract. Writ of retorno hábendo. 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, 1927.
    Reversed and remanded.
    Opinion filed December 27, 1927.
    Judson L. Parker and Joseph E. Winterbotham, for appellant.
    Max Haleff, for appellee.
   Mr. Justice O’Connor

delivered the opinion of the court.


text:
    J. Wallace Wakem, appellee, v. Aaron Bodenweiser, appellant.
    Gen. No. 32,098.
    Action on promissory note. Judgment for plaintiff. Appeal from the Municipal Court of Chicago; the Hon. Freeman L. Fairbank, Judge, presiding.
    Heard in the first division of this court for the first district at the October term, 1927.
    Affirmed.
    Opinion filed December 27, 1927.
    Rehearing denied January 9, 1928.
    William Friedman, for appellant.
    G. T. Graham, for appellee.
   Mr. Justice O’Connor

delivered the opinion of the court.


author: Mr. Presiding Justice Barnes

text:
    W. F. Woodruff, defendant in error, v. Raymond A. Von Danden, plaintiff in error.
    Gen. No. 31,214.
    Error to order denying defendant’s motion to vacate confession judgment. Error to the Circuit Court of Cook county; the Hon. John A. Swanson, Judge, presiding.
    Heard in the second division of this court for the first district at the October term, 1927.
    Affirmed.
    Opinion filed December 27, 1927.
    Rehearing denied January 12, 1928.
    William R. Brand, for plaintiff in error.
    Church, Haft, Robertson & Crowe, for defendant in error.
   Mr. Presiding Justice Barnes

delivered the opinion of the, court.


text:
    Brennan Packing Company, appellant, v. E. G. Shinner & Company, appellee.
    Gen. NO. 31,771.
    Action for debt on implied contract from usage. Judgment for defendant. 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 December 27, 1927.
    Rehearing denied January 13, 1928.
    Kelly & Murphy, for appellant.
    Mayer, Meyer, Austrian & Platt, for appellee.
   Mr. Presiding Justice Barnes

delivered the opinion of the court.


text:
    McKendry Realty Company, appellee, v. Oscar A. Johnson et al., appellants.
    Gen. No. 31,790.
    Action to recover realty broker’s commission. Judgment for plaintiff. Appeal from the Circuit Court of Cook county; the Hon. George A. Sentel, Judge, presiding.
    Heard in the second division of this court for the first district at the March term, 1927.
    Reversed and remanded.
    Opinion filed December 27, 1927.
    Rehearing denied January 13, 1928.
    Harry J. Myerson, for appellants.
    Reeve & Hey wood, for appellee; Harold L. Reeve, of counsel.
   Mr. Presiding Justice Barnes

delivered the opinion of the court.


text:
    Nelle Quigley, appellee, v. Sam Cohen et al., appellants.
    Gen. No. 31,832.
    Appeal from denial of motion to vacate a default judgment. Appeal from the Municipal Court of Chicago; the Hon. George A. Curran. Judge, presiding.
    Heard in the second division of this court for the first district at the March term, 1927.
    Affirmed.
    Opinion filed December 27, 1927.
    Samuel H. Rosenthal, for appellants.
    James H. Cronin, for appellee; William C. Wermuth, of counsel.
   Mr. Presiding Justice Barnes

delivered the opinion of the court.


text:
    Roswell B. Hartman, appellee, v. Joseph Kruszka, appellant.
    Gen. No. 31,853.
    Action to recover for labor and material furnished. 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 for the first district at the March term, 1927.
    Affirmed.
    Opinion filed December 27, 1927.
    Rehearing denied January 13, 1928.
    John Foster, for appellant.
    William A. Peterson, for appellee; Reuben Freedman and Abraham Miller, of counsel.
   Mr. Presiding Justice Barnes

delivered the opinion of the court.


author: Mr. Justice Gridley

text:
    Chicago Title & Trust Company, trustee, defendant in error, v. Nathan S. Schoenbrod, plaintiff in error.
    Gen. No. 31,647.
    Bill to declare contract void, to remove it as cloud on title and for injunction. Decree for complainant. Error to 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, 1927.
    Affirmed.
    Opinion filed December 27, 1927.
    Rehearing denied January 13, 1928.
    Edward A. Zimmerman, for plaintiff in error.
    Culver, Andrews & King, for defendant in error.
   Mr. Justice Gridley

delivered the opinion of the court.


text:
    E. M. Willoughby et al., appellees, v. S. Buschsbaum & Company, appellant.
    Gen. No. 31,718.
    Action to recover for appraisal services. Judgment against defendant. 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.
    Affirmed.
    Opinion filed December 27, 1927.
    Eisendrath, Solomon & Borden, for appellant; Charles H. Borden, of counsel.
    Mills & Howe, for appellees.
   Mr. Justice Gridley

delivered the opinion of the court.


text:
    W. F. Reed, defendant in error, v. Pennsylvania Railroad Company, plaintiff in error.
    Gen. No. 31,781.
    Action to recover damage to live stock. Appeal from vacation of judgment against plaintiff for want of prosecution. Error to 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 March term, 1927.
    Reversed.
    Opinion filed December 27, 1927.
    Loesch, Scofield, Loeseh & Richards, for plaintiff in error.
    No appearance for defendant in error.
   Mr. Justice Gridley

delivered the opinion of the court.


text:
    A. A. Sturges, Jr., et al., trading as Dad’s Cookie Company, appellants, v. Frank E. Davis et al., appellees.
    Gen. No. 31,796.
    Bill for accounting and injunction. Dismissed for want of equity, Appeal from the Superior Court of Cook county; the Hon. Walter P. Steffen, Judge, presiding.
    Heard in the second division of this court for the first district at the March term, 1927.
    Affirmed.
    Opinion filed December 27, 1927.
    Rehearing denied January 13, 1928.
    Alfred E. Holt, for appellants.
    Reeve & Heywood, for appellees; Harold L. Reeve, of counsel.
   Mr. Justice Gridley

delivered the opinion of the court.


author: Mr. Justice Seanlan

text:
    Mary E. Furman, plaintiff in error, v. Chicago Railways Company et al., defendants in error.
    Gen. No. 31,668.
    Action to recover for personal injury. Judgment for defendants. Error to the Superior Court of Cook county; the Hon. Hugo Pam, Judge, presiding.
    Heard in the second division of this court for the first district at the March term, 1927.
    Affirmed.
    Opinion filed December 27, 1927.
    John A. Bloomingston, for plaintiff in error.
    Brown, Fox & Blumberg, for defendants in error; Charles Le Boy Brown, Frank L. Kriete, Joseph D. Byan and Henry Blumberg, of counsel.
   Mr. Justice Seanlan

delivered the opinion of the court.


text:
    Ashland Boulevard Hospital, Inc., appellant, v. William Hadesman et al., appellees.
    Gen. No. 31,736.
    Bill to cancel note and for injunction. Dismissed with decree for cross-complainant. Appeal from the Circuit Court of Cook county; the Hon. Ira Byner, Judge, presiding.
    Heard in the second division of this court for the first district at the March term, 1927.
    Affirmed.
    Opinion filed December 27, 1927.
    Rehearing denied January 13, 1928.
    Jacob G. Grossberg and Harry E. Kopald, for appellant.
    Moses, Kennedy, Stein & Bachrach, for William Hadesman, appellee; Walter Bachraeh and Walter H. Moses, of counsel.
   Mr. Justice Seanlan

delivered the opinion of the court.


author: Mr. Justice Scanlan

text:
    J. S. Smith, appellee, v. Morris Simon, appellant.
    Gen. No. 31,815.
    Action to recover real estate commissions. Judgment for plaintiff. Appeal from the Municipal Court of Chicago; the Hon. Alfar M. Eberhardt, Judge, presiding.
    Heard in the second division of this court for the first district at the March term, 1927.
    Reversed and remanded.
    Opinion filed December 27, 1927.
    Connell, Gombiner & Ward, for appellant.
    Rubenstein & Rubenstein, for appellee.
   Mr. Justice Scanlan

delivered the opinion of the court.


text:
    Durand-McNeil-Horner Company, appellant, v. Max Zweigenbaum, appellee.
    Gen. No. 31,822.
    Assumpsit for balance due on open account. Judgment for defendant on set-off. 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.
    Affirmed.
    Opinion filed December 27, 1927.
    M. L. Carmody, for appellant.
    Gallagher, Shulman, Abrams & Henry, for appellee.
   Mr. Justice Seanlan

delivered the opinion of the court.


text:
    William Miller, appellee, v. Milo B. French, appellant.
    Gen. No. 31,844.
    Action to recover for professional services. Judgment for plaintiff. Appeal from the Municipal Court of Chicago; the Hon. Daniel P. Trude, Judge, presiding.
    Heard in the second division of this court for the first district at the March term, 1927.
    Affirmed.
    Opinion filed December 27, 1927.
    Henry M. Hagan, for appellant.
    No appearance for appellee.
   Mr. Justice Seanlan

delivered the opinion of the court.


text:
    Max Barkin, appellee, v. J. J. Gutstaadt, appellant.
    Gen. No. 31,865.
    Forcible detainer. Judgment for plaintiff. 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.
    Affirmed.
    Opinion filed December 27, 1927.
    Lewis & Lewis, for appellant; Joseph H. Platt, of counsel.
    Rosenberg, Braude & Zimmerman, for appellee.
   Mr. Justice Seanlan

delivered the opinion of the court.


text:
    Dennis J. Egan, bailiff of the municipal court of Chicago, plaintiff in error, v. Fred F. Ludke and Jacob Rissman, defendants in error.
    Gen. No. 31,218.
    Writ of error to review an order vacating an order to set aside a satisfaction of judgment. Error to the County Court of Cook county; the Hon. John D. Biggs, 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 January 18, 1928.
    G. A. Buresh and Louis I. Gottlieb, for plaintiff in error.
    No appearance for defendants in error.
   Mr. Presiding Justice Taylor

delivered the opinion of the court.


text:
    John A. Norris, appellee, v. Tuthill Building Material Company, appellant.
    Gen. No. 31,860.
    Action for damages to automobile in collision with truck. Judgment for plaintiff. Appeal from the Municipal Court of Chicago; the Hon. Arnold Heap, Judge, presiding.
    Heard in the third division of this court for the first district at the March term, 1927.
    Affirmed.
    Opinion filed January 18, 1928.
    Hogan & Dougherty, for appellant.
    Howard P. Roe, for appellee.
   Mr, Presiding Justice Taylor

delivered the opinion of the court.


text:
    Broadview Building Corporation, appellee, v. Morris Ehrlich, appellant.
    Gen. No. 31,872.
    Appeal from order overruling motion to vacate judgment by confession on lease. Appeal from the Municipal Court of Chicago; the Hon. Robert E. Gentzel, Judge, presiding.
    Heard in the third division of this court for the first district at the March term, 1927.
    Affirmed.
    Opinion filed January 18, 1928.
    Rehearing denied January 30, 1928.
    Haffenberg, Kopald & Burns, for appellant.
    Rathje, Wesemann, Hinckley & Barnard, for appellee.
   Mr. Presiding Justice Taylor

delivered the opinion of the court.


text:
    Arthur Davis for use of J. C. Hunt, trading as Chicago Phonograph Manufacturing Company, appellee, v. White Way Wet Wash Laundry, Inc., appellant.
    Gen. No. 31,909.
    Appeal from denial of motion to vacate default judgment. 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 March term, 1927.
    Affirmed.
    Opinion filed January 18, 1928.
    William Feldman, for appellant.
    Warren B. Buckley, for appellee.
   Mr. Presiding Justice Taylor

delivered the opinion of the court.


text:
    Harper F. Carroll, appellant, v. Alexander Bisno et al., appellees.
    Gen. No. 31,963.
    Appeal from dismissal of bill to establish a trust in personalty. Appeal from the Circuit Court of Cook county; the Hon. Ira Ryner, Judge, presiding.
    Heard in the third division of this court for the first district at the October term, 1927.
    Affirmed.
    Opinion filed January 18, 1928.
    A. W. Martin and Edward H. S. Martin, for appellant.
    I. B. Pa dorr, for appellees.
   Mr. Presiding Justice Taylor

delivered the opinion of the court.


text:
    A. O. Chapin, plaintiff in error, v. E. H. Sheppley and G. W. Sheppley, trading as Sheppley Brothers, defendants in error.
    Gen. No. 32,012.
    Assumpsit for damages for failure to properly perform duties of real estate broker. Judgment for defendants. Error to the Superior Court of Cook county; the Hon. Michael L. McKinley, Judge, presiding.
    Heard in the third division of this court for the first district at. the October term, 1927.
    Reversed and remanded.
    Opinion filed January 18, 1928.
    Jacob Levy, for plaintiff in error; J. M. Gwin, of counsel.
    Decker & Golden, for defendants in error.
   Mr. Presiding Justice Taylor

delivered the opinion of the court.


text:
    Max L. Rasoff, appellant, v. Yellow Cab Company, appellee.
    Gen. No. 32,021.
    Suit to enforce attorney’s lien. Judgment for defendant. Appeal from the Municipal Court of Chicago; the Hon. Warren H. Orr, Judge, presiding.
    Heard in the third division of this court for the first, district at the October term, 1927.
    Reversed and remanded with directions.
    Opinion filed January 18, 1928.
    Klapman & Annes, for appellant;
    Martin M. Gross, of counsel; Samuels, Costello & Greenberg, for appellee.
   Mr. Presiding Justice Taylor

delivered the opinion of the court.


text:
    H. Fred Schlingmann, appellee, v. Joseph Scherzer, appellant.
    Gen. No. 32,035.
    Suit for balance due for labor and material furnished for the construction of a building. Judgment for plaintiff. Appeal from the Municipal Court of Chicago; the Hon. James P. Mooneyham, Judge, presiding.
    Heard in the third division of this court for the first district at the October term, 1927.
    Affirmed.
    Opinion filed January 18, 1928.
    Frank J. Link, for appellant.
    Payton J. Tuohy, for appellee.
   Mr. Presiding Justice Taylor

delivered the opinion of the court.


text:
    Morris Bear, trading as University Hand Laundry, appellee, v. Henry Young, trading as Continental Laundry & Supply Company, appellant.
    Gen. No. 31,903.
    Action to recover value of wet wash stolen from bailee’s auto truck. Judgment for plaintiff. Appeal from the Municipal Court of Chicago; the Hon. Joel C. Fitch, Judge, presiding.
    Heard in the third division of this court for the first district at the March term, 1927.
    Reversed and judgment here of nil capiat and for costs.
    Opinion filed January 18, 1928.
    James D. Murphy, for appellant.
    No appearance for appellee.
   Mr. Justice Holdom

delivered the opinion of the court.


text:
    Edward J. Bowes, Jr., appellee, v. William R. Johnston and Helen M. Johnston, appellants.
    Gen. No. 31,912.
    Action to recover real estate broker’s commissions. Judgment for plaintiff. Appeal from the Circuit Court of Cook county; the Hon. John A. Swanson, Judge, presiding.
    Heard in the third division of this court for the first district at the March term, 1927.
    Affirmed.
    Opinion filed January 18, 1928.
    Rehearing denied January 30, 1928.
    Edward L. England and Webster & Holmgren, for appellants; Daniel Webster, of counsel.
    Hutson & Traeger, for appellee.
   Mr. Justice Holdom

delivered the opinion of the court.


text:
    Marie Alice Johnson, by Clarence E. Johnson, appellant, v. Emil Hanson, appellee.
    Gen. No. 31,924.
    Action to recover for personal injuries to child of tender years in elevator hoist. Judgment of nil capiat. Appeal from the Circuit Court of Cook county; the Hon. Osear M. Torrison, Judge, presiding.
    Heard in the third division of this court for the first district at the March term, 1927.
    Reversed and remanded with directions.
    Opinion filed January 18, 1928.
    Kirkland, Patterson & Fleming, for appellant; Howard Ellis and William H. Symmes., of counsel.
    Joseph H. Hinshaw, for appellee; Oswell G. Treadway, of counsel.
   Mr. Justice Holdom

delivered the opinion of the court.


text:
    Margaret Romanski, insane, by John Romanski, defendant in error, v. Julius (John) Szlicki, plaintiff in error.
    Gen. No. 31,954.
    . Action for assault and battery by means of automobile. Judgment for plaintiff. Error to the Superior Court- of Cook county; the Hon. Michael L. McKinley, Judge, presiding.
    Heard in the third division of this court for the first district at the October term, 1927.
    Affirmed.
    Opinion filed January 18, 1928.
    Green, Brown & Rice, for plaintiff in error; Charles E. Green, of counsel.
    Trainor & Trainor, for defendant in error.
   Mr. Justice Holdom

delivered the opinion of the court.


text:
    Kennis Brannock, appellee, v. Frederick H. Herdrich, appellant.
    Gen. No. 31,968.
    Action to recover real estate broker’s commission. Judgment for plaintiff. Appeal from the Municipal Court of Chicago; the Hon. Daniel P. Trude, Judge, presiding.
    Heard in the third division of this court for the first district at the October term, 1927.
    Affirmed.
    Opinion filed January 18, 1928.
    Frank T. Jordan, for appellant; Fitzgerald & Boehning, of counsel.
    Robert J. Nordhold and Raymond F. Kelly, for appellee.
   Mr. Justice Holdom

delivered the opinion of the court.


text:
    Fred Buttrick, appellee, v. Yellow Cab Company, appellant.
    Gen. No. 31,577.
    Action to recover for personal injuries from being run upon by. automobile. Judgment for plaintiff. Appeal from the Superior Court of Cook county; the Hon. Hugo Pam, Judge, presiding.
    Heard in the third division of this court for the first district at the October term, 1926.
    Reversed and remanded.
    Taylor, P. J., dissents.
    Opinion filed January 18, 1928.
    Rehearing denied January 30, 1928.
    Samuels, Costello & Greenberg and Rose & Symmes, for appellant.
    James E. McShane and Joseph F. Elward, for appellee.
   Mr. Justice Wilson

delivered the opinion of the court.


text:
    R. M. Dunn, plaintiff in error, v. Sidney W. Andersen et al., defendants in error.
    Gen. No. 31,678.
    Judgment affirmed for lack of exception to record after striking out improper bill of exceptions. Error to the Circuit Court of Cook county; the Hon. Walter Brewer, Judge, presiding.
    Heard in the third division of this court for the first district at the March term, 1927.
    Affirmed.
    Opinion filed January 18, 1928.
    Elam H. Johnson, for plaintiff in error.
    William Friedman, for Sidney W. Andersen, defendant in error.
   Mr. Justice Wilson

delivered the opinion of the court.


text:
    The People of the State of Illinois ex rel. Edith Hocrath, appellee, v. Frank Laprel, appellant.
    Gen. No. 31,794.
    Bastardy proceedings. Judgment of filiation. Appeal from the Municipal Court of Chicago; the Hon. John A. Sbarbaro, Judge, presiding.
    Heard in the third division of this court for the first district at the March term, 1927.
    Reversed and cause remanded.
    Opinion filed January 18, 1928.
    John R. McCabe and Edwin T. Breen, for appellant.
    Robert E. Crowe, State’s Attorney, for appellee; Lee R. LaRoehelle and Edward E. Wilson, Assistant State’s Attorneys, of counsel.
   Mr. Justice Wilson

delivered the opinion of the court.


text:
    Wilson Avenue Bathing Beach Company for use of Josie M. Lydston, appellee, v. North British & Mercantile Insurance Company, Ltd., appellant.
    Gen. No. 31,826.
    Action on fire insurance policy. Judgment for plaintiff. 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 March term, 1927.
    Reversed and remanded with directions.
    Opinion filed January 18, 1928.
    Hicks & Folonie, for appellant.
    Wendell H. Shanner, for appellee; Theodore A. Kolb, of counsel.
   Mr. Justice Wilson

delivered the opinion of the court.


text:
    Isaac S. Stern, appellant, v. O. C. Graff et al., appellees.
    Gen. No. 31,915.
    Bill by architect to enforce mechanic’s lien. Dismissed for want of equity. Appeal from the Circuit Court of Cook county; the Hon. Ira Ryner, Judge, presiding.
    Heard in the third division of this court for the first district at the March-term, 1927.
    Affirmed.
    Opinion filed January 18, 1928.
    Altheimer & Mayer, for appellant; Gideon S. Thompson, of counsel.
    Benjamin Levering and Elmer H. Heitmann, for appellees.
   Mr. Justice Wilson

delivered the opinion of the court.


text:
    Harry Buckley, appellee, v. Edgewater Beach Hotel Company et al., defendants, on appeal of James McAlvany, appellant.
    Gen. No. 31,930.
    Appeal from the Circuit Court of Cook county; the Hon. Harry M. Fisher, Judge, presiding.
    Heard in the third division of this court for the first district at the March term, 1927.
    Reversed and remanded on authority of Gen. No. 31,929 ante, p. 239.
    Taylor, P. J., dissents.
    Opinion filed January 18, 1928.
    Brundage, Landon & Holt and Foreman, Bluford, Steele & Schultz, for appellant; Benson Landon, of counsel.
    Litsinger, Healy & Reid, for appellee.
   Mr. Justice Wilson

delivered the opinion of the court.


text:
    The People of the State of Illinois ex rel. Charles Scribner Eaton, defendants in error, v. Edmund K. Jarecki, county judge, et al. Leonard J. Grossman, plaintiff in error.
    Gen. No. 31,948.
    Petition to mandamus retabulation of election returns. Writ awarded. Error to the Superior Court of Cook county; the Hon. William N. Gemmill, Judge, presiding.
    Heard in the third division of this court for the first district at the October term, 1927.
    Reversed and judgment here.
    Opinion filed January 18, 1928.
    Kirkland, Patterson & Fleming, for plaintiff in error; Joseph B. Fleming, Cornelius J. Harrington and Joseph H. Pleek, of counsel.
    No appearance for defendants in error.
   Mr. Justice Wilson

delivered the opinion of the court.


text:
    Winifred Fink, administratrix of the estate of William Fink, deceased, appellee, v. Yellow Cab Company, appellant.
    Gen. No. 31,921.
    Action for death by wrongful act in automobile collision. Judgment for plaintiff. Appeal from the Superior Court of Cook County; the Hon. Harry C. Stuttle, Judge, presiding.
    Heard in the first division of this court for the first district at the March term, 1927.
    Reversed and remanded.
    Opinion filed January 30, 1928.
    Samuels, Costello & Greenberg, John E. Kehoe and Busby, Weber, Miller & Donovan, for appellant; Benjamin Samuels, of counsel.
    James C. McShane, for appellee.
   Mr. Justice McSurely

delivered the opinion of the court.


text:
    Maud C. Coville, administratrix of the estate of Walter P. Coville, deceased, appellee, v. Grand Trunk Western Railway Company, appellant.
    Gen. No. 31,986.
    Action to recover for death of employee under Federal Employers’ Liability Act. Judgment for plaintiff. Appeal from the Circuit. Court of Cook county; the Hon. David M. Brothers, Judge, presiding.
    Heard in the first division of this court for the first district at the October term, 1927.
    Reversed and remanded.
    Opinion filed January 30, 1928.
    Rehearing denied February 11, 1928.
    McCordie, Dent & Freeman, for appellant. H. H. Patterson, for appellee.
   Mr. Justice McSurely

delivered the opinion of the court.


text:
    Peter M. Hoffman, sheriff of Cook county, Illinois, for use of Ella Schachter, appellant, v. Eslien Company and United States Fidelity & Guaranty Company, appellees.
    Gen. No. 32,077.
    Appeal from order vacating judgment. Appeal from the Municipal Court of Chicago; the Hon. Daniel P. Trade, Judge, presiding.
    Heard in the first division of this court for the first district at the October term, 1927.
    Reversed and remanded with directions.
    Opinion filed January 30, 1928.
    Jerome Hall, for appellant. Eugene P. Kealy, for appellees.
   Mr. Justice McSurely

delivered the opinion of the court.


text:
    Gertrude Sager, appellant, v. Edward Sager, appellee.
    Gen. No. 32,187.
    Bill for divorce and separate maintenance. Decree of divorce for defendant on his cross-bill. Appeal from the Superior Court of Cook County; the Hon. Harry A. Lewis, Judge, presiding.
    Heard in the first division of this court for the first district at the October term, 1927.
    Reversed with directions.
    Opinion filed January 30, 1928.
    Merton A. Coler, for appellant.
    Coburn, Kearney & Coburn, for appellee.
   Mr. Justice McSurely

delivered the opinion of the court.


author: Mr. justice McSurely

text:
    The People of the State of Illinois ex rel. Josephine H. Lawrence, appellant, v. James C. Denvir et al., appellees.
    Gen. No. 32,235.
    Mandamus to restore petitioner to civil service position. Writ awarded. Appeal from the Superior Court of Cook County; the Hon. Michael L. McKinley, Judge, presiding.
    Heard in the first division of this court for the first district at the October term, 1927.
    Affirmed.
    Opinion filed January 30, 1928.
    Rehearing denied February 11, 1928.
    Robert E. Crowe, State’s Attorney, by William B. Walrath, Assistant State’s Attorney, for appellant; Hayden N. Bell, of counsel.
    Timothy J. Fell, for appellees.
   Mr. justice McSurely

delivered the opinion of the court.


text:
    Archibald McFadden and Gus Kondrath for use of Gray, Newart & Company, appellees, v. Pennsylvania Railroad Company, appellant.
    Gen. No. 32,250.
    Action to collect assigned wages. Judgment for plaintiff. Appeal from the Municipal Court of Chicago; the Hon. E. E. Laughlin, Judge, presiding.
    Heard in the first division of this court for the first district at the October term, 1927.
    Reversed.
    Opinion filed January 30, 1928.
    Loesch, Scofield, Loeseh & Richards, for appellant; Oscar Lindstrand, of counsel.
    Henry H. Koven and Henry Perlman, for appellees.
   Mr. Justice McSurely

delivered the opinion of the court.


text:
    Kleinberg Dress Company, Inc., appellant, v. Solomon Kovler, trading as Kovler’s Princess Pat, appellee.
    Gen. No. 32,315.
    Action to recover for dresses sold on contract, judgment for defendant. 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 October term, 1927.
    Affirmed.
    Opinion filed January 30, 1928.
    Moss & Ellman, for appellant.
    Max Krauss and James T. Pales, for appellee.
   Mr. Justice McSurely

delivered the opinion of the court.


text:
    Eva E. Wood, appellee, v. Mike Dragash, appellant.
    Gen. No. 32,342.
    Suit to recover money loaned. Judgment for plaintiff. Appeal from the Municipal Court of Chicago; the Hon. Howard Hayes, Judge, presiding.
    Heard in the first division of this court for the first district at the October term, 1927.
    Reversed and remanded.
    Opinion filed January 30, 1928.
    Cohen & Berke, for appellant; Samuel Berke, of counsel.
    Estelle M. Wills, for appellee.
   Mr. Justice McSurely

delivered the opinion of the court.


text:
    W. C. Handley, appellant, v. John Andronick and Anna Andronick, appellees.
    Gen. No. 32,351.
    Action on promissory note. Judgment by confession against one defendant and for the other defendant on trial. Appeal from the Municipal Court of Chicago; the Hon. Howard Hayes, Judge, presiding.
    Heard in the first division of this court for the first district at the October term, 1927.
    Affirmed.
    Opinion filed January 30, 1928.
    Nuttall & Chism, for appellant.
    John Gutknecht, for Anna Andronick, appellee.
   Mr. Justice MeSurely

delivered the opinion of the feourt.


text:
    Joseph H. Beuttas, appellee, v. Edward A. Garvey, trading as Ed. A. Garvey & Company, appellant.
    Gen. No. 32,381.
    Forcible detainer. Judgment for plaintiff. Appeal from the Municipal Court of Chicago; the Hon. P. L. Fairbank, Judge, presiding.
    Heard in the first division of this court for the first district at the October term, 1927.
    Affirmed.
    Opinion filed January 30, 1928.
    Swalwell & Buoseio, for appellant.
    Sonnensehein, Berkson, Lautmann & Levinson, for appellee; Henry S. Moser, of counsel.
   Mr. Justice McSurely

delivered the opinion of the court.


text:
    Moses E. Greenebaum, defendant in error, v. Grace Feinstein, plaintiff in error.
    Gen. No. 31,941.
    Bill to compel delivery of trust deed and note and to declare release deed null and void. Decree for complainant. Error to the Superior Court of Cook county; the Hon. Denis E. Sullivan, Judge, presiding.
    Heard in the first division of this court for the first district at the October term, 1927.
    Reversed and remanded.
    Opinion filed January 30, 1928.
    Rehearing denied February 11, 1928.
    Maxwell Landis and Julius H. Gross, for plaintiff in error.
    Newman, Foppenhusen, Stern & Johnston, for defendant in error.
   Mr. Justice O’Connor

delivered the opinion of the court.


text:
    Liberty Trust & Savings Bank, administrator of the estate of Ernest Stefani, deceased, appellee, v. City of Chicago, appellant.
    Gen. No. 32,019.
    Action for death by wrongful act in running over a child of tender years with an automobile trailer. Judgment for plaintiff. Appeal from 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 October term, 1927.
    Affirmed.
    Opinion filed January 30, 1928.
    Samuel A. Ettelson, Corporation Counsel, William D. Saltiel, City Attorney, and Harry A. Fleck, Assistant City Attorney, for appeilant; Roy S. Gaskill and Edward M. Quinn, Assistant Corporation Counsel, of counsel.
    McKenna & Harris, for appellee.
   Mr. Justice O’Connor

delivered the opinion of the court.


text:
    Sylvester Murphy, appellant, v. William D. Murdock, appellee.
    Gen. No. 32,042.
    Action for damages from breach of vendor’s contract. Appeal by plaintiff from judgment in his favor for less than claimed. Appeal from the Municipal Court of Chicago; the Hon. A. W. Summers, Judge, presiding.
    Heard in the first division of this court for the first district at the October term, 1927.
    Reversed and remanded.
    McSurely, J., dissents.
    Opinion filed January 30, 1928.
    M. D. Dolan, for appellant.
    John H. Hill, for appellee.
   Mr. Justice O’Connor

delivered the opinion of the court.


text:
    Florence Dwight Van Patten, appellant, v. State Bank of Chicago, trustee under the will of John H. Dwight, and Pacific Southwest Trust & Savings Bank, executor of the last will and testament of Frances M. Dwight, appellees.
    Gen. No. 32,079.
    Bill to construe will as to disposition of trust fund. Decree for defendants. Appeal from 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 October term, 1927.
    Reversed and remanded with directions.
    Matchett, P. J., dissents.
    Opinion filed January 30, 1928.
    Montgomery, Hart & Smith, for appellant; Norman H. Pritchard and John R. Montgomery, of counsel.
    Bayley, Merrick, Webster & Gregory, for appellees.
   Mr. Justice O’Connor

delivered the opinion of the court.


text:
    John J. Cancelmo, administrator of the estate of Joseph Cancelmo, appellee, v. Arlington H. Welch, appellant.
    Gen. No. 32,149.
    Suit to recover damages from breach of fruit brokerage, contract by broker. Judgment for plaintiff. Appeal from 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 October term, 1927.
    Affirmed.
    Opinion filed January 30, 1928.
    Rehearing denied February 11, 1928.
    Stewart Reed Brown, for appellant.
    Defrees, Buckingham & Eaton, for appellee; John O’C. Fitzgerald, of counsel.
   Mr. Justice O’Connor

delivered the opinion of the court.


text:
    John Cancelmo, administrator of the estate of Joseph Cancelmo, appellee, v. Arlington H. Welch, administrator of the estate of Harriet C. Welch, deceased, appellant.
    Gen. No. 32,150.
    Appeal from judgment awarding execution instead of providing payment in due course' of administration. Appeal from 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 October term, 1927.
    Affirmed.
    Opinion filed January 30, 1928.
    Stewart Reed Brown, for appellant.
    Defrees, Buckingham & Eaton, for appellee; John O’C. Fitzgerald, of counsel.
   Mr. Justice O’Connor

delivered the opinion of the court.


text:
    George C. Breidert, appellee, v. Auto Utilities Manufacturing Company et al. Auto Utilities Manufacturing Company, appellant.
    Gen. No. 31,410.
    Bill for injunctive relief. Decree for complainant. 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.
    Reversed and remanded with directions.
    Opinion filed January 31, 1928.
    Rehearing denied February 14, 1928.
    George C. Otto, for appellant; William S. Johnston and Martin Piepenburg, of counsel.
    Otto Raymond Balnett, Pereival H. Truman, Eben O. McNair, Jr., and Lawrence T. Barnett, for appellee.
   Mr. Presiding Justice Barnes

delivered the opinion of the court.


text:
    Sheridan Men’s Shop, defendant in error, v. Arthur Michel, plaintiff in error.
    Gen. No. 31,973.
    Action to recover on chock. Judgment for plaintiff. Error to the Municipal Court of Chicago; the Hon. Robert B. Gentzel, Judge, presiding.
    ard in the second division of this court for the first district at the October term, 1927.
    Reversed and remanded with directions.
    Opinion filed January 31, 1928.
    E. R. Elliott, for plaintiff in error. Hirseh, Chaikin & Bloch, for defendant in error.
   Mr. Presiding Justice Barnes

delivered the opinion of the court.


text:
    Nathan D. Morey, appellee, v. Luther E. Cohoon et al. Central Lime & Cement Company, appellant.
    Gen. No. 31,987.
    Appeal from decree setting aside a warranty deed and a judgment as cloud on title. 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, 1927.
    Affirmed.
    Opinion filed January 31, 1928.
    Crowley & Gorman, for appellant; Wilbert F. Crowley, of counsel. Adelman & Vlachos, for appellee; Abram E. Adelman, of counsel.
   Mr. Presiding Justice Barnes

delivered the opinion of the court.


text:
    James B. McClane, appellant, v. I. Mansback and Bernard W. Snow, bailiff of the municipal court of Chicago, appellees.
    Gen. No. 32,014.
    Bill to declare judgment cloud on title, restrain enforcement and declare sale void. Dismissed for want of equity. 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 October term, 1927.
    Affirmed.
    Opinion filed January 31, 1928.
    William Slack, for appellant.
    Mort D. & Frank Goldberg, for appellees.
   Mr. Presiding Justice Barnes

delivered the opinion of the court.


text:
    George S. Oliver and Mabel Oliver, appellees, v. Louis Zimmerman, appellant.
    Gen. No. 32,025.
    Action for conversion of real estate sales contract deposit. Judgment for plaintiffs. 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 October term, 1927.
    Reversed.
    Opinion filed January 31, 1928.
    Louis Zimmerman, pro se. Joseph E. Winterbotham, for appellees.
   Mr. Presiding Justice Barnes

delivered the opinion of the court.


text:
    Fred J. Williams, appellant, v. Francis L. Daily, appellee.
    Gen. No. 32,034.
    Action to recover real estate broker’s commissions. Judgment for defendant. Appeal from the Municipal Court of Chicago; the Hon. Peter H. Sehwaba, Judge, presiding.
    Heard in the second division of this court for the first district at the October term, 1927.
    Affirmed.
    Opinion filed January 31, 1928.
    Clark & Clark, for appellant; Russell S. Clark, of counsel.
    Cooke, Sullivan & Ricks, for appellee; Edwin Hedrick, of counsel.
   Mr. Presiding Justice Barnes

delivered the opinion of the court.


text:
    Charles W. Peters for use of Dennis J. Egan, bailiff of the municipal court of Chicago, appellant, v. Logan Square Trust & Savings Bank et al., appellees.
    Gen. No. 32,051.
    Appeal from order overruling demurrers in accord with mandate of Appellate Court. Appeal from the Circuit Court of Cook county; the Hon. John A. Swanson, Judge, presiding.
    Heard in the second division of this court for the first district at the October term, 1927.
    Affirmed.
    Opinion filed January 31, 1928.
    Adams & Hawley, for appellant; Melvin M. Hawley, of counsel.
    Fred B. Silsbee, for appellees.
   Mr. Presiding Justice Barnes

delivered the opinion of the court.


text:
    W. E. Bayfield, appellee, v. W. E. Defenbacher, appellant.
    Gen. No. 32,063.
    Action for money had and received. Judgment for plaintiff. Appeal from the Municipal Court of Chicago; the Hon. C. F. McKinley, Judge, presiding.
    Heard in the second division of this court for the first district at the October term, 1927.
    Reversed and remanded.
    Opinion filed January 31, 1928.
    Benjamin Levering and Elmer H. Heitmann, for appellant.
    McGilvray, Eames, Vaughan & Tilley, for appellee.
   Mr. Presiding Justice Barnes

delivered the opinion of the court.


text:
    Louis Kanter, appellee, v. Sam Zuckerman, trading as Zuckerman Dress Manufacturing Company, appellant.
    Gen. No. 32,078.
    Action to recover brokerage commissions. Judgment for plaintiff. Appeal from the Municipal Court of Chicago; the Hon. J. Fred Glister, Judge, presiding.
    Heard in the second division of this court for the first district at the October term, 1927. Affirmed.
    Opinion filed January 31, 1928.
    Golden & Kagan, for appellant.
    Arnold N. Frieder, for appellee.
   Mr. Presiding Justice Barnes

delivered the opinion of the court.


text:
    L. B. Weyburn, appellee, v. Home Seekers’ Realty Company et al., appellants.
    Gen. No. 32,087.
    Action for real estate broker’s commission. Judgment for plaintiff. Appeal from the Municipal Court of Chicago; the Hon. William R. Fetzer, Judge, presiding.
    Heard in the second division of this court for the first district at the October term, 1927.
    Reversed.
    Opinion filed January 31, 1928.
    Earl J. Walker, for appellants.
    William McKinley and Paul E. Price, for appellee; Louis Dennen, of counsel.
   Mr. Presiding Justice Barnes

delivered the opinion of the court.


text:
    Joel C. Carlson, appellant, v. Frank C. Rathje et al., trading as Rathje, Wesemann, Hinckley & Barnard, appellees.
    Gen. No. 32,108.
    Appeal from finding for defendant after plaintiff had moved for nonsuit. Appeal from the Municipal Court of Chicago; the Hon. F. L. Fairbank, Judge, presiding.
    Heard in the second division of this court for the first district at the October term, 1927.
    Reversed and remanded with directions.
    Opinion filed January 31, 1928.
    . Charles E. Heckler, for appellant.
    Rathje, Wesemann, Hinckley & Barnard, for appellees.
   Mr. Presiding Justice Barnes

delivered the opinion of the court.


text:
    Charles H. Perrigo, appellee, v. Charles A. Coey, appellant.
    Gen. No. 31,980.
    Action on promissory note. Judgment for plaintiff. Appeal from the Circuit Court of Cook county; the Hon. Augustus A. Partlow, Judge, presiding.
    Heard in the second division of this court for the first district at the October term, 1927.
    Affirmed.
    Opinion filed January 31, 1928.
    James Edgar Brown, for appellant.
    Sommers & Sommers, for appellee.
   Mr. Justice Gridley

delivered the opinion of the court.


text:
    Stanley L. Fabionas, trading as S. L. Fabionas, defendant in error, v. John Cukis, plaintiff in error.
    Gen. No. 32,008.
    Action for real estate broker’s commissions. Judgment for plaintiff. Error to the Municipal Court of Chicago; the Hon. J. L. McCarthy, Judge, presiding.
    Heard in the second division of this court for the first district at the October term, 1927.
    Affirmed.
    Opinion filed January 31, 1928.
    Slakis & Spence, for plaintiff in error.
    John Gutknecht, for defendant in error.
   Mr. Justice Gridley

delivered the opinion of the court.


text:
    The National Cash Register Company, appellant, v. Gust Stoyas, trading as Stoyas Brothers, appellee.
    Gen. No. 32,028.
    Replevin of cash registers. Writ of retorno habendo issued. 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, 1927.
    Reversed and judgment here with a finding of facts.
    Opinion filed January 31, 1928.
    Victor B. Scott, for appellant.
    Weiner & Klein, for appellee.
   Mr. Justice Gridley

delivered the opinion of the court.


text:
    Arthur Corman, administrator of the estate of Ida Gintzler, deceased, plaintiff in error, v. Nathan Sucherman, defendant in error.
    Gen. No. 32,046.
    Action for death by wrongful act in negligent driving of automobile. Judgment for defendant. Error to 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, 1927.
    Reversed and remanded.
    Opinion filed January 31, 1928.
    Pines, Morse & Stein, for plaintiff in error; Clarence T. Morse, of counsel.
    Alfred Roy Hulbert, for defendant in error.
   Mr. Justice Gridley

delivered the opinion of the court.


text:
    J. P. Winnecour, appellee, v. Harry Garvey, appellant.
    Gen. No. 32,090.
    Action to recover from landlord cost of heat furnished by tenant. Judgment for plaintiff. Appeal from the Municipal Court of Chicago; the Hon. John R. Newcomer, Judge, presiding.
    Heard in the second division of this court for the first district at the October term, 1927.
    Reversed with finding of fact.
    Opinion filed January 31, 1928.
    William Feldman, for appellant.
    Linaweaver & Linaweaver, for appellee.
   Mr. Justice Gridley

delivered the opinion of the court.


text:
    Kelso & Company, Inc., plaintiff in error, v. Frank Maiale and Alex Aliotta, defendants in error.
    Gen. No. 31,672.
    Action on promissory notes. Judgment against plaintiff. Error to the Municipal Court of Chicago; the Hon. Harry F. Hamlin, Judge, presiding.
    Heard in the second division of this court for the first district at the October term, 1927.
    Reversed and remanded.
    Opinion filed January 31, 1928.
    Brown, Brown & Brown, for plaintiff in error.
    Benjamin E. Cohen, for defendants in error; Samuel Berke, of counsel.
   Mr. Justice Scanlan

delivered the opinion of the court.


text:
    Josephine Mullaley, plaintiff in error, v. William J. Mullaley, defendant in error.
    Gen. No. 31,957.
    Bill for divorce. Decree of divorce and fixing property rights of parties. Error to the Superior Court of Cook county; the Hon. Joseph Sabath, Judge, presiding.
    Heard in the second division of this court for the first district at the October term, 1927.
    Affirmed.
    Opinion filed January 31, 1928.
    Rehearing denied February 14, 1928.
    Phillips, Mack & O’Bryan, for plaintiff in error; Robert T. Mack and Howard H. Wikoff, of counsel.
    Maurice J. Moriarty and Louis P. Miller, for defendant in error.
   Mr. Justice Scanlan

delivered the opinion of the court.


text:
    Jay Stough and George F. Carolan, trading as Stough and Carolan, plaintiffs in error, v. John W. Reed, defendant in error.
    Gen. No. 32,004.
    Assumpsit for attorneys’ fees and money expended as attorneys for defendant. Error by plaintiffs on small judgment for sum admitted by defendant. Error to the Superior Court of Cook county; the Hon. William N. Gemmill, Judge, presiding.
    Heard in the second division of this court for the first district at the October term, 1927.
    Reversed and remanded.
    Opinion filed January 31, 1928.
    Henry L. Chatroop, for plaintiffs in error.
    Keehn, Woods & Weisl, for defendant in error; Edward G. Woods, of counsel.
   Mr. Justice Scanlan

delivered the opinion of the court,


text:
    Benjamin Blumenthal, plaintiff in error, v. Barney Braverman, defendant in error.
    Gen. No. 32,011.
    Action to recover amount paid for building construction for defendant. Judgment for defendant. Error to the Superior Court of Cpok county; the Hon. Timothy D. Hurley, Judge, presiding.
    Heard in the second division of this court for the first district at the October term, 1927.
    Reversed and remanded.
    Opinion filed January 31, 1928.
    Jacob Levy, for plaintiff in error; J. M. Gwin, of counsel.
    Edelson & Paullin, for defendant in error; Hyland J. Paullin, of counsel.
   Mr. Justice Scanlan

delivered the opinion of the court.


text:
    M. J. Dwyer, plaintiff in error, v. A. Ciccone, defendant in error.
    Gen. No. 32,020.
    Error on judgment for defendant for want of prosecution by plaintiff after vacation of judgment defaulting defendant. Error to " the Municipal Court of Chicago; the, Hon. John R. Newcomer, Judge, presiding.
    Heard in the second division of this court for the first
    district at the October term, 1927.
    Reversed.
    Opinion filed January 30, 1928.
    Sumner C. Palmer, for plaintiff in error.
    No appearance for defendant in error.
   Mr. Justice Scanlan

delivered the opinion of the court.


text:
    Robert L. Lightfoot and Roscoe C. Cater, trading as Lightfoot & Cater, appellants, v. John Sheridan, appellee.
    Gen. No. 32,031.
    Action for real estate brokers’ commissions. Judgment for defendant. Appeal from the Municipal Court of Chicago; the Hon. Daniel P. Trude, Judge, presiding.
    Heard in the second division of this court for the first district at the October term, 1927.
    Affirmed.
    Opinion filed January 31, 1928.
    William J. Sheridan, for appellants.
    William Harrison, for appellee; Charles J. Jenkins, of counsel.
   Mr. Justice Scanlan

delivered the opinion of the court.


text:
    Jacob Handelsman, defendant in error, v. Susan E. Clarke, plaintiff in error.
    Gen. No. 32,049.
    Trespass on the ease for rents and attorneys’ fees. Motion to vacate judgment of default against defendant denied. Error to 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, 1927.
    Reversed and remanded with directions.
    Opinion filed January 31, 1928.
    Rehearing denied February 14, 1928.
    Adams & Adams, for plaintiff in error.
    Tarnopol & Flamm, for defendant in error.
   Mr. Justice Scanlan

delivered the opinion of the court.


text:
    August Lauterbach et al., complainants and appellees, v. Foreman Trust & Savings Bank et al., defendants. Aaron Bodenweiser and Bertha M. Bodenweiser, appellants.
    Gen. No. 32,060.
    Bill to cancel escrow and compel return of deposit. Decree for complainants. Appeal from the Superior Court of Cook county; the Hon, Oscar Hebel, Judge, presiding.
    Heard in the second division of this court for the first district at the October term, 1927.
    Decree modified and affirmed.
    Opinion filed January 31, 1928.
    Joseph F. Grossman, for appellants.
    William G. Wise, for appellees.
   Mr. Justice Seanlan

delivered the opinion of the court.


text:
    William J. Latham, Jr., administrator of the estate of William J. Latham, Sr., deceased, appellee, v. Great Northern Casualty Company, appellant.
    Gen. No. 32,135.
    Action on contract. Judgment for plaintiff. Appeal from the Municipal Court of Chicago; the Hon. Frank M. Padden, Judge, presiding.
    Heard in the second division of this court for the first district at the October term, 1927.
    Affirmed.
    Opinion filed January 31, 1928.
    Roderick H. O ’Conner, for appellant.
    Temple, Brown & Harewood, for appellee.
   Mr. Justice Seanlan

delivered the opinion of the court.


text:
    Sidney I. Blum, administrator of the estate of Irma W. Blum, deceased, appellant, v. Yellow Cab Company, appellee.
    Gen. No. 31,785.
    Action for death by wrongful act of taxicab driver. Judgment for defendant. Appeal from the Superior Court of Cook county; the Hon. Hosea W. Wells, Judge, presiding.
    Heard in the third division of this court for the first district at the March term, 1927.
    Affirmed.
    Opinion filed February 9, 1928.
    William McKinley, Paul E. Price and Ednyfed H. Williams, for appellant.
    Samuels, Costello & Greenberg, Charles C. Cunningham and Busby, Weber, Miller & Donovan, for appellee; Benjamin Samuels, of counsel.
   Mr. Presiding Justice Taylor

delivered the opinion of the court.


text:
    John Ganas, appellee, v. Peter Pappas et al., on appeal of George Vatsineas, appellant.
    Gen. No. 31,839.
    Bill for accounting for proceeds of fraud. Decree for complainant. 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 March term, 1927.
    Affirmed.
    Opinion filed February 9, 1928.
    Rehearing denied February 21, 1928.
    G. A. Buresh, for appellant.
    John C. Gekas, for appellee.
   Mr. Presiding Justice Taylor

delivered the opinion of the court.


text:
    Arnt Johnson, plaintiff in error, v. J. V. Fowler, defendant in error.
    Gen. No. 31,938.
    Writ of error sued out by plaintiff while his appeal was pending. Error to the Superior Court of Cook county; the Hon. Hosea W. Wells, Judge, presiding.
    Heard in the third division of this court for the first district at the October term, 1927.
    Writ of error dismissed.
    Opinion filed February 9, 1928.
    Webster & Holmgren, for plaintiff in error; Elmer N. Holmgren, of counsel.
    Edward W. Rawlins, Hendrik Folonie and Hans L. Howard, for defendant in error.
   Mr. Presiding Justice Taylor

delivered the opinion of the court.


text:
    Caroline Faxon, plaintiff in error, v. W. J. Sloan, defendant in error.
    Gen. No. 32,001.
    Error on order vacating judgment for plaintiff for damages from automobile collision. Error to the Circuit Court of Cook county; the Hon. John R. Caverly, Judge, presiding.
    Heard in the third division of this court for the first district at the October term, 1927.
    Reversed and remanded with directions.
    Opinion filed February 9, 1928.
    George F. Barrett and Charles V. Barrett, for plaintiff in error; William C. Wermuth and Edward L. Hoyer, of counsel.
    Simons, De Souchet & Contarsy, for defendant in error.
   Mr. Presiding Justice Taylor

delivered the opinion of the court.


text:
    Andrew Link, appellee, v. City of Chicago, appellant.
    Gen. No. 32,073.
    Action for personal injuries from defective curb. Judgment for plaintiff. Appeal from the Superior Court of Cook county; the Hon. Marcus Kavanagli, Judge, presiding.
    Heard in the third division of this court for the first district at the October term, 1927.
    Affirmed.
    Opinion filed February 9, 1928.
    Samuel A. Ettelson, Corporation Counsel, and William D. Saltiel, City Attorney, for appellant; Charles M. McDonnell, Assistant City Attorney, E. Marshall Amberg and Roy S. Gaskill, Assistant Corporation Counsel, of counsel.
    No appearance for appellee.
   Mr. Presiding Justice Taylor

delivered the opinion of the court.


text:
    The Vocational Bureau, Inc., appellee, v. Walter P. Ortlund, appellant.
    Gen. No. 32,106.
    Action on promissory note of minor. Judgment for plaintiff. Appeal from the Municipal Court of Chicago; the Hon. Alfar M. Eberliardt, Judge, presiding.
    Heard in the third division of this court for the first district at the October term, 1927.
    Reversed and judgment hero.
    Opinion filed February 9, 1928.
    Klaas & Porter, for appellant; Harry H. Porter and Martin S. Gordon, of counsel.
    No appearance for appellee.
   Mr. Presiding Justice Taylor

delivered the opinion of the court.


text:
    Frank J. Murningham, trading as Frank J. Murningham & Company, appellee, v. John Henderson, appellant.
    Gen. No. 32,136.
    Action for real estate broker’s commissions. Judgment for plaintiff. Appeal from the Municipal Court of Chicago; the Hon. Daniel P. Trade, Judge, presiding.
    Heard in the third division of this court for the first district at tho October term, 1927.
    Affirmed.
    Opinion filed February 9, 1928.
    O’Shaughnessy & O’Shaughnessy, for appellant. Stebbins, Garey, L’Amoreaux & Hurtubise, for appellee; Paul E. Keller, of counsel.
   Mr, Presiding Justice Taylor

delivered the opinion of the court.


text:
    J. B. Simpson, defendant in error, v. Louis E. Stoebig, plaintiff in error.
    Gen. No. 32,159.
    Action on promissory note. Judgment for plaintiff. Error to the Superior Court of Cook county; the Hon. Robert E. Gentzel, Judge, presiding.
    Heard in the third division of this court for the first dis trict at the October term, 1927.
    Affirmed.
    Opinion filed February 9, 1928.
    William J. Dillon, for plaintiff in error.
    Arthur Abraham, for defendant in error.
   Mr. Presiding Justice Taylor

delivered the opinion of the court.


text:
    Garden City Paint & Varnish Company in its own right and for use of Phoenix Insurance Company of Hartford, Connecticut and Queen Insurance Company of America, appellees, v. Frank Breska, trading as Breska Motors et al., defendants, on appeal of Frank Breska, Inc., appellant.
    Gen. No. 32,189.
    Action for damages for negligently permitting fire to escape. Judgment for plaintiff. 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, 1927.
    Affirmed.
    Opinion filed February 9, 1928.
    Rehearing denied February 21, 1928.
    Frank Posvie and Steiner & Setecka, for appellant.
    Kremer, Branand & Hamer, for appellees; Donald Campbell, of counsel.
   Mr. Presiding Justice Taylor

delivered the opinion of the court.


text:
    U. S. Taximeter Corporation, appellant, v. Acorn Battery Company, appellee.
    Gen. No. 32,198.
    Action to recover price of automobile tires sold and delivered. Judgment for plaintiff. 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, 1927.
    Affirmed.
    Opinion filed February 9, 1928.
    Joseph B. Lynch, for appellant.
    No appearance for appellee.
   Mr. Presiding Justice Taylor

delivered the opinion of the court.


text:
    City of Chicago, defendant in error, v. Joe Glaser, plaintiff in error.
    Gen. No. 31,995.
    Action for debt to recover fine for keeping disorderly house. Judgment against defendant. Error to the Municipal Court of Chicago; the Hon. John F. Haas, Judge, presiding.
    Heard in the third division of this court for the first district at the October term, 1927.
    Affirmed.
    Opinion filed February 9, 1928.
    Edward H. Morris and Alonzo E. Tansil, for plaintiff in error.
    Samuel A. Ettelson, Corporation Counsel, and Frank Peska, City Prosecutor, for defendant in error; A. Edward Aberman, Chief Assistant Prosecutor, of counsel.
   Mr. Justice Holdom

delivered the opinion of the court.


text:
    City of Chicago, defendant in error, v. Joe Glaser, plaintiff in error.
    Gen. No. 31,996.
    Prosecution for keeping disorderly house. Judgment imposing fine. Error to the Municipal Court of Chicago; the Hon. John F. Haas, Judge, presiding.
    Heard in the third division of this court for the first district at the October term, 1927.
    Affirmed.
    Opinion filed February 9, 1928.
    Edward H. Morris and Alonzo E. Tansil, for plaintiff in error.
    Samuel A. Ettelson, Corporation Counsel, and Frank Peska, City Prosecutor, for defendant in error; A. Edward Aberman, Chief Assistant Prosecutor, of counsel.
   Mr. Justice Holdom

delivered the opinion of the court.


text:
    Ludwig W. Kaeuffi, defendant in error, v. John T. Fitzpatrick et al., plaintiffs in error.
    Gen. No. 32,058.
    Action for money had. Judgment for plaintiff. Error to the Municipal Court of Chicago; the Hon. J. Fred Gilster, Judge, presiding.
    Heard in the third division of this court for the first district at the October term, 1927.
    Reversed and remanded.
    Opinion filed February 9, 1928.
    Lloyd C. Whitman, for plaintiffs in error.
    No appearance for defendant in error.
   Mr, Justice Holdom

delivered the opinion of the court.


text:
    Vincent G. Gallagher et al., trading as Gallagher, Shulman, Abrams & Henry, appellants, v. David Doneen and Mrs. David Doneen, appellees.
    Gen. No. 32,152.
    Action to recover attorneys’ fees. Appeal by plaintiffs from judgment for them for amount less than claimed. 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, 1927.
    Reversed and judgment here for $501.85.
    Opinion filed February 9, 1928.
    Gallagher, Shulman, Abrams & Henry, for appellants; Maurice H. Daniels, of counsel.
    No appearance for appellees.
   Mr. Justice Holdom

delivered the opinion of the court.


text:
    Annette Meyers, appellee, v. Chicago Musical College, appellant.
    Gen. No. 32,183.
    Judgment for plaintiff affirmed in absence of error to record after striking bill of exceptions. 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, 1927.
    Affirmed.
    Opinion filed February 9, 1928.
    Rehearing denied February 21, 1928.
    Shiein & Beckwith, for appellant; Fred W. Bentley, of counsel.
    Moses, Kennedy, Stein & Bachrach, for appellee.
   Mr. Justice Holdom

delivered the opinion of the court.


text:
    Fred Schuemann, defendant in error, v. Ben A. Loeb, plaintiff in error.
    Gen. No. 31,956.
    Error sued out by defendant on judgment for plaintiff in superior court based on municipal court judgment. Error to the Superior Court of Cook county; the Hon. Timothy D. Hurley, Judge, presiding.
    Heard in the third division of this court for the first district at the October term, 1927.
    Affirmed.
    Opinion filed February 9, 1928.
    Henry J. Gibbs, for plaintiff in error.
    O. W. Jurgens, for defendant in error.
   Mr. Justice Wilson

delivered the opinion of the court.


text:
    Maurice Taussig and Eugene W. P. Flesch, trading as Taussig & Flesch, appellees, v. Jacob Handelsman, appellant.
    Gen. No. 31,974.
    Action to recover on written guaranty. Judgment for plaintiffs. Appeal from the Circuit Court of Cook county; the Hon. Walter Brewer, Judge, presiding.
    Heard in the third division of this court for the first district at the October term, 1927.
    Affirmed.
    Opinion filed February 9, 1928.
    Golden, Kagan & Whiteside, for appellant.
    Henry Pollenz and John A. Zvetina, for appellees.
   Mr. Justice Wilson

delivered the opinion of the court.


text:
    City of Chicago, defendant in error, v. William Diamond, plaintiff in error.
    Gen. No. 31,997.
    Action of debt to recover fine for keeping disorderly house. Fine assessed. Error to the Municipal Court of Chicago; the Hon. John F. Haas, Judge, presiding.
    Heard in the third division of this court for the first district at the October term, 1927.
    Affirmed.
    Opinion filed February 9, 1928.
    Edward H. Morris and Alonzo E. Tansil, for plaintiff in error. Samuel A. Ettelson, Corporation Counsel, and Frank Peska, City Prosecutor, for defendant in error; A. Edward Aberman, Chief Assistant Prosecutor, of counsel.
   Mr. Justice Wilson

delivered the opinion of the court.


text:
    City of Chicago, defendant in error, v. William Diamond, plaintiff in error.
    Gen. No. 31,998.
    Debt to recover penalty for keeping disorderly house. Fine assessed. Error to the Municipal Court of Chicago; the Hon. John F. Haas, Judge, presiding.
    Heard in the third division of this court for the first district at the October term, 1927.
    Affirmed.
    Opinion filed February 9, 1928.
    Edward H. Morris and Alonzo E. Tansil, for plaintiff in error. Samuel A. Ettelson, Corporation Counsel, and Frank Peska, City Prosecutor, for defendant in error; A. Edward Aberman, Chief Assistant Prosecutor, of counsel.
   Mr. Justice Wilson

delivered the opinion of the court.


text:
    Felix Kortas, administrator of the estate of Bertha Topol, deceased, defendant in error, v. Regina Baron and Paul Baron, plaintiffs in error.
    Gen. No. 32,018.
    Trover to recover value of note. Judgment for plaintiff. Error to the Superior Court of Cook county; the Hon. Hugo Pam, Judge, presiding.
    Heard in the third division of this court for the first district at the October term, 1927.
    Affirmed.
    Opinion filed February 9, 1928.
    Louis Greenberg and Louis L. Gould, for plaintiffs in error; Louis Greenberg, of counsel.
    David Y. Patlak, for defendant in err or; Jacob Margolis, of counsel.
   Mr. Justice Wilson

delivered the opinion of the court.


text:
    William Loehde and William H. Loehde, trading as William Loehde, appellees, v. Anna Strauss, appellant.
    Gen. No. 32,029.
    Action to recover real estate commission. Judgment for plaintiffs. Appeal from the County Court of Cook county; the Hon. Fred B. Herbert, Judge, presiding.
    Heard in the third division of this court for the first district at the October term, 1927.
    Affirmed.
    Opinion filed February 9, 1928.
    Fred L. Steers, for appellant.
    Winters, Stevens, Risk & Griffith, for appellees; George M. Stevens and Melvin L. Griffith, of counsel.
   Mr. Justice Wilson

delivered the opinion of the court.


text:
    Samuel Brown, appellee, v. Jacob Ashkanazy, appellant.
    Gen. No. 32,041.
    Action to recover rent. Judgment for plaintiff. Appeal from the Municipal Court of Chicago; the Hon. Charles 3?. McKinley, Judge, presiding.
    Heard in the third division of this court for the first district at the October term, 1927.
    Affirmed.
    Opinion filed February 9, 1928.
    Rehearing denied February 21, 1928.
    L. A. Sherwin, for appellant.
    Gallagher, Shulman, Abrams & Henry, and Tale & Tale, for appellee.
   Mr. Justice Wilson

delivered the opinion of the court.


text:
    American Glass Company for use of Glen Falls Insurance Company, appellant, v. Albert L. Fell, appellee.
    Gen. No. 32,050.
    Action to recover damages to goods in automobile truck colliding with another automobile truck. Judgment for defendant. 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, 1927.
    Reversed and cause remanded.
    Opinion filed February 9, 1928.
    Kfemer, Branand & Hamer, for appellant; Donald Campbell, of counsel.
    No appearance for appellee.
   Mr. Justice Wilson

delivered the opinion of the court.


text:
    Joseph Sapero and Lillian Sapero, appellants, v. B. Gomberg et al., appellees.
    Gen. No. 32,061.
    Action to recover value of trunk and contents left with public garage. Judgment for defendant. Appeal from the Municipal Court of Chicago; the Hon. Lloyd M. Bradley, Judge, presiding.
    Heard in the third division of this court for the first district at the October term, 1927.
    Reversed and cause remanded with directions.
    Opinion filed February 9, 1928.
    L. A. Sherwin, for appellants.
    Alex M. Golman, for appellees; Maurice L. Davis, of counsel.
   Mr. Justice Wilson

delivered the opinion of the court.


text:
    The New York, Chicago & St. Louis Railroad Company, appellant, v. Sam Scott, appellee.
    Gen. No. 32,080.
    Action for possession of real estate. Judgment for defendant. 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, 1927.
    Reversed and cause remanded.
    Opinion filed February 9, 1928.
    Rehearing denied February 21, 1928.
    Glennon, Cary, Walker & Murray, for appellant; Sidney C. Murray and Marvin A. Jersild, of counsel.
    Morton S. Cressy, Andrew Mitchell, Blake C. Smith and Frank N. Reed, for appellee.
   Mr. Justice Wilson

delivered the opinion of the court.


text:
    Emma E. Claus, appellee, v. Mutual Life Insurance Company of New York, appellant.
    Gen. No. 32,103.
    Action to recover on life insurance policy as for accidental death, due to mistakenly taking poison. Judgment for plaintiff. Appeal from the Municipal Court of Chicago; the Hon. Freeman L. Fairbank, Judge, presiding.
    Heard in the third division of this court for the first district at the October term, 1927.
    Affirmed.
    Opinion filed February 9, 1928.
    Rehearing denied February 21, 1928.
    Winston, Strawn & Shaw, for appellant; Harold A. Smith, of counsel.
    A. H. Brown, for appellee.
   Mr. Justice Wilson

delivered the opinion of the court.


text:
    Jacob Puritsky, by Frieda Puritsky, appellee, v. Globman Brothers, Inc., appellant.
    Gen. No. 32,121.
    Action for personal injuries to bicyclist from colliding with motor truck. Judgment for plaintiff. Appeal from the Superior Court of Cook county; the Hon. J. P. Mooneyham, Judge, presiding.
    Heard in the third division of this court for the first district at the October term, 1927.
    Affirmed.
    Opinion filed February 9, 1928.
    John A. Bloomingston, for appellant.
    Alfred Roy Hulbert, for appellee.
   Mr. Justice Wilson

delivered the opinion of the court.


author: Mr, Justice Wilson

text:
    Bertha White, appellant, v. Albert White, appellee.
    Gen. No. 32,165.
    Appeal from order permitting father to take minor child for six weeks trip, by divorced mother having custody of child. Appeal from the Superior Court of Cook county; the Hon. Harry A. Lewis, Judge, presiding.
    Heard in the third division of this court for the first district at the October term, 1927.
    Appeal dismissed.
    Opinion filed February 9, 1928.
    Samuel B. Blanksten, Kernal Freeman and Aaron Soble, for appellant.
    Lester E. Williams, for appellee.
   Mr, Justice Wilson

delivered the opinion of the court.


text:
    Carl A. Westberg, appellee, v. Yellow Cab Company, appellant.
    Gen. No. 32,177.
    Action for damages to automobile colliding with another. Judgment for plaintiff. Appeal from the Municipal Court of Chicago; the Hon. Daniel P. Trude, Judge, presiding.
    Heard in the third division of this court for the first district at the October term, 1927.
    Affirmed.
    Opinion filed February 9, 1928.
    Samuels, Costello & Greenberg, for appellant; John W. Costello and Edward Wolfe, of counsel.
    James S. Ryan, for appellee.
   Mr. Justice Wilson

delivered the opinion of the court.


text:
    Sol C. Nudelman, appellee, v. Charles L. Keller, appellant.
    Gen. No. 32,186.
    Action on promissory note. Judgment for plaintiff. Appeal from the Municipal Court of Chicago; the Hon. Charles F. McKinley, Judge, presiding.
    Heard in the third division of this court for the first district at the October term, 1927.
    Affirmed.
    Opinion filed February 9, 1928.
    Morris Schaeffer, for appellant; Edward J. McArdle, Jr., of counsel.
    Perlman, Goodman & Scolnik, for appellee; Alexander T. Spare, of counsel.
   Mr. Justice Wilson

delivered the opinion of the court.


text:
    Max Ptashne, appellee, v. Reliance Life Insurance Company, appellant.
    Gen. No. 32,126.
    Action for balance of health indemnity insurance. 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 October term, 1927.
    Affirmed.
    Opinion filed February 14, 1928.
    Rehearing denied February 28, 1928.
    Moses, Kennedy, Stein & Baehraeh, for appellant; I. E. Ferguson and A. K. Orsehel, of counsel.
    John J. Sonsteby, for appellee.
   Mr. Presiding Justice Barnes

delivered the opinion of the court.


author: Mr, Justice Gridley

text:
    The People of the State of Illinois ex rel. Samuel Leland, appellant, v. Board of Education of the City of Chicago, appellee.
    Gen. No. 31,958.
    Petition to mandamus for reinstatement as teacher. Petition denied. Appeal from the Circuit Court of Cook county; the Hon. Oscar M. Torrison, Judge, presiding.
    Heard in the second division of this court for the first district at the December term, 1926.
    Affirmed.
    Opinion filed February 14, 1928.
    F. E. Brightman and M. Edward Abram, for appellant.
    Frank S. Righeimer, for appellee; Ralph W. Condee, of counsel.
   Mr, Justice Gridley

delivered the opinion of the court.


text:
    Emmet Kennedy, appellee, v. William Grimshaw, appellant.
    Gen. No. 32,081.
    Assumpsit for surveyor’s work done at special request. Judgment for plaintiff. Appeal from the Municipal Court of Chicago; the Hon. George B. Holmes, Judge, presiding.
    Heard in the second division of this court for the first district at the October term, 1927.
    Reversed and remanded.
    Opinion filed February 14, 1928.
    Rehearing denied February 28, 1928.
    Glennon, Cary, Walker & Murray, for appellant; Sidney C. Murray and L. Beers-Jones, of counsel.
    Charles J. Trainer, for appellee;
   Mr. Justice Gridley

delivered the opinion of the court.


text:
    J. M. Bician, appellee, v. Eugene Skach, appellant.
    Gen. No. 32,040.
    Action on promissory notes. Judgment for plaintiff. Appeal from the Municipal Court of Chicago; the Hon. C. F. McKinley, Judge, presiding.
    Heard in the second division of this court for the first district at the October term, 1927.
    Affirmed.
    Opinion filed February 14, 1928.
    Michael J. Quan, for appellant.
    DeStefano & Mirabella, for appellee; Richard E. Dooley, of counsel.
   Mr. Justice Scanlan

delivered the opinion of the court.


text:
    Emma Koenig et al., appellees, v. Josephine Hammer, appellant.
    Gen. No. 32,084.
    Forcible detainer. Judgment for plaintiff. Appeal from the Municipal Court of Chicago; the Hon. Max Luster, Judge, presiding.
    Heard in the second division of this court for the first district at the October term, 1927.
    Reversed and remanded.
    Opinion filed February 14, 1928.
    Granville W. Browning, for appellant.
    Harold J. Howe, for appellees.
   Mr. Justice Scanlan

delivered the opinion of the court.


author: Mr. Justice Jones

text:
    Second District.
    E. L. Yocum, appellee, v. W. J. Taylor, appellant.
    Gen. No. 7,792.
    Suit for distress for rent. Judgment for plaintiff. Appeal from the County Court of Stark county; the Hon. W. W. Wright, Judge, presiding.
    Heard in this court at the April term, 1927.
    Affirmed.
    Opinion filed September 29, 1927.
    Rehearing denied May 1, 1928.
    James N. Cummings, for appellant.
    Brian & McManus, for appellee.
   Mr. Justice Jones

delivered the opinion of the court.


author: Mr, Justice Boggs

text:
    James H. Sullivan, appellee, v. William A. Hickey and Dennis J. Hickey, Jr., trading as Hickey Brothers, appellants.
    Gen. No. 7,766.
    Action for injuries to bicyclist from collision with automobile. Judgment for plaintiff. Appeal from the Circuit Court of Rock Island county; the Hon. W. T. Church, Judge, presiding.
    Heard in this court at the April term, 1927.
    Reversed and remanded.
    Opinion filed January 10, 1928.
    Connelly, Weld, Walker, Searle & Crampton, for appellants; H. A. Weld, of counsel.
    Kenworthy, Dietz, Shallberg, Harper & Sinnett, for appellee.
   Mr, Justice Boggs

delivered the opinion of the court.


author: Mr. Justice Boggs

text:
    Peter O. Benson, appellee, v. Albert Johnson, appellant.
    Gen. No. 7,840.
    Assumpsit for labor performed: Judgment for plaintiff. Appeal from the Circuit Court of DeKalb county; the Hon. W. J. Fulton, Judge, presiding.
    Heard in this court at the October term, 1927.
    Affirmed.
    Opinion filed January 10, 1928.
    Rehearing denied May 1, 1928.
    Julius B. Matteson and John A. Dowdall, for appellant.
    Thomas M. Gliffe, for appellee.
   Mr. Justice Boggs

delivered the opinion of the court.


text:
    Anna M. Shields, administratrix of the estate of James Shields, deceased, appellant, v. Elmer Haig, appellee.
    Gen. No. 7,868.
    Action on promissory note. Appeal by plaintiff from order vacating confession judgment. Appeal from the Circuit Court of Woodford county; the Hon. Stevens R. Baker, Judge, presiding.
    Heard in this court at the October term, 1927.
    Affirmed.
    Opinion filed January 10, 1928.
    Orman Ridgely, for appellant.
    Kennedy & Kennedy, for appellee.
   Mr. Justice Boggs

delivered the opinion of the court.


author: Mr. Presiding Justice Jett

text:
    In re estate of Mark Allen, deceased, appellant, v. Emma Tolley, claimant and appellee.
    Gen. No. 7,730.
    Claim against decedent’s estate. Judgment for claimant. Appeal from the Circuit Court of Knox county; the Hon. W. C. Frank, Judge, presiding.
    Heard in this court at the October term, 1926.
    Reversed and remanded.
    Opinion filed January 23, 1928.
    Bert B. McLaughlin and R. C. Hunt, for appellant.
    Jerry A. Harn, for appellee.
   Mr. Presiding Justice Jett

delivered the opinion of the court.


text:
    Standard Oil Company of Indiana, appellant, v. Walter A. Hitz, appellee.
    Gen. No. 7,735.
    Action to recover for defalcations. Judgment for defendant. Appeal from the Circuit Court of Iroquois county; the Hon. Frank L. Hooper, Judge, presiding.
    Heard in this court at .the Octpber term, 1926.
    Reversed and remanded.
    Opinion filed January 23, 1928.
    Rehearing denied March 1, 1928.
    Le Forgee, Black & Samuels and Morris & South, for appellant; Chauncey W. Martyn and Harry A. Daugherty, of counsel.
    J. W. Kern and C. G. Mirschi, for appellee.
   Mr. Presiding Justice Jett

delivered the opinion of the court.


text:
    In re estate of Frank McArdle, deceased. Objections to final report of Kate McArdle, executrix, appellee, v. John McArdle and Bernard R. McArdle, objectors, appellants.
    Gen. No. 7,774.
    Objections to executrix's accounting. Sustained in part and overruled in part. Appeal from the Circuit Court of Grundy county; the Hon. Samuel C. Stough, Judge, presiding.
    Heard in this court at the April term, 1927.
    Reversed and remanded with directions.
    Opinion filed January 23, 1928.
    Smith & Holderman, for appellants.
    J. W. Rausch, for appellee.
   Mr. Presiding Justice Jett

delivered the opinion of the court,