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REPORTS

OTT

CASES AT LAW AND IN CHANCERY

ARGUED AND DETERMINED IN THE

SUPREME COURT OF ILLINOIS.

VOLUME 240.
CONTAINING CASES IN WHICH OPINIONS WERE FILED IN APRIL
AND JUNE, 1909, AND CASES WHEREIN REHEARINGS WERE

DENIED AT THE JUNE TERM, 1909.

ISAAC NEWTON PHILLIPS,

REPORTER OF DECISIONS.

BLOOMINGTON, ILL.

1909.

Entered according to Act of Congress, in the year 1909, by

ISAAC NEWTON PHILLIPS,
In the Office of the Librarian of Congress, at Washington.

OCT 11 1909

Pantagraph Printing and Stationery Co.
Printers, Stereotypers, Binders,

Bloomington, IN.

JUSTICES OF THE SUPREME COURT

DURING THE TIME OF THESE REPORTS.

JAMES H. CARTWRIGHT, CHIEF JUSTICE.
WILLIAM M. FARMER, CHIEF JUSTICE.*
JAMES H. CARTWRIGHT,
JOHN P. HAND,
GUY C. SCOTT,
WILLIAM M. FARMER, JUSTICES.
ALONZO K. VICKERS,
ORRIN N. CARTER,
FRANK K. DUNN,

ATTORNEY GENERAL,
WILLIAM H. STEAD.

REPORTER OF DECISIONS,
ISAAC NEWTON PHILLIPS.

CLERK,
J. McCAN DAVIS.

*Mr. Justice Farmer became chief justice at the June term, 1909.

NEW RULE OF COURT.

ADOPTED JUNE 16, 1909.

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RULE 42. In case application shall be made to require any case decided by an Appellate Court to be certified to this court for review and determination, there shall be filed a petition for a writ of certiorari, signed in writing by counsel, by his or their individual name or names, together with transcripts of the records of the trial court and Appellate Court, as required by rule i in cases removed from the Appellate Court to this court, and with an assignment of errors written upon or attached to the transcript of the record of the Appellate Court. The petition shall be docketed, Petitioner, v.

..., Respondent.The petitioner shall file with his petition an abstract of the record prepared in accordance with rules 14 and 16 in cases brought from an Appellate Court. The petition shall contain a concise statement of the case and of the points and authorities relied upon for reversal, without argument, and shall be accompanied by a copy of the opinion of the Appellate Court. Twelve copies of such petition and abstract shall be filed, with proof of service of copies thereof upon the opposite party or his counsel. No petition shall be licard at any term unless filed on or before twenty days before the first day thereof. The respondent may file a reply to the petition on or before the first day of the term, stating briefly and concisely, without argument, the points and authorities relied upon to meet or obviate the alleged errors and sustain the judgment, which shall constitute an appearance in the case. Twelve copies of such reply shall be filed. Oral arguments will not be heard upon such petition. If the petition shall be granted, it shall not be necessary to send the writ of certiorari to the clerk of the Appellate Court, but the transcript of the record filed, with the petition, shall be taken and considered as a due return to the writ, and the cause shall thereafter be docketed as in cases of writs of error, the petitioner being designated as plaintiff in error, but it shall retain the original number of the petition, and no additional docket fee shall be required of the petitioner. A scire facias to hear errors shall be issued in the manner provided by rule 6, returnable on the first day of the next term, for all respondents who have not appeared in opposition to the petition. After the petition is granted the cause shall proceed as if pending on writ of error, and the rules in regard to the filing of briefs and arguments and making oral arguments shall apply as in other cases.

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PAGE.
Ætna Life Ins. Co. ads. Chicago, Burl. & Quincy
Wilkinson

205

R. R. Co. ads. Balsewicz. 238 Allen ads. Fitzgerald..... 80

Chicago, City of, v. Kemp. 56 Amrine v. Hamer..

572

Chicago, City of, v. Mac-
Chesney

174 B

Chicago, City of, ads.
Balsewicz v. Chicago, Burl.

Schultheis

167 & Quincy R. R. Co..... 238 Chicago, City of, ads. TolBaltimore & Ohio S. W.

man & Co......

268 R. R. Co. ads. Lynch.... 567 Chicago, City of, ads. VanBank of America ads. Pryor

Cleef
and Kavanagh

Chicago, City of, v. Wild-
Blue ads. Keenan.
177

215 Boylan v. Chicago Title & Chicago, Rock Is. & Pac. Trust Co.

413

Ry. Co. ads. Edgerton... 311 Boynton ads. Cadillac Au- Chicago Title & Trust Co. tomobile Co.

171
ads. Boylan

413 Buettner v. Glos.......... 9

Cicero, Town of, v. Grisko. 220
Busse ads. People ex rel... 338 Cicero, Town of, v. Hall... 160

Cleveland, Cin., Chicago &
С

St. L. Ry. Co. ads. Curtis. 218
Cadillac Automobile Co. v. Commissioners of Highways
Boynton

171

ads. People ex rel....... 399 Cairo, Vincennes & Chi- Commonwealth Electric Co.

cago Ry. Co. ads. Carter. 152 ads. Hausler Campagna ads. People.... 378 Compton v. Johnson...621, 433 Capps ads. Drum.

524 Comstock ads. Lord. 492 Carbondale, City of,

Conrad v. Springfield Con-
Walker

18 solidated Ry. Co.......
Carroll v. Rabberman..

450

Cowden ads. Trustees of
Carter v. Cairo, Vincennes

Schools

39 & Chicago Ry. Co....... 152 Crane ads. Prentice....

250 Casey v. Kelly-Atkinson Craney Union Stock Construction Co.

416 Yards and Transit Co... 602 Cheuvronts ads. Dees..... 486 Crowe ads. People.....

201

V.

12

V.

348

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