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REPORTS OF CASES

DETERMINED IN THE

APPELLATE COURTS

OF ILLINOIS

WITH A DIRECTORY OF THE JUDICIARY DEPARTMENT OF
THE STATE, CORRECTED TO THE TWENTY-FIRST OF
FEBRUARY 1991, AND A TABLE OF CASES RE-

VIEWED BY THE SUPREME COURT TO

THE DATE OF THE PUBLICA-

TION OF THIS VOLUME

VOL. XCII

A. D. 1901

REPORTED BY

MARTIN L. NEWELL

COUNSELOR AT LAW

CHICAGO

CALLAGHAN & COMPANY

22

Entered according to act of Congress, in the year 1901.

BY CALLAGHAN & COMPANY,

In the office of the Librarian of Congress, at Washington, D. C.

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DIRECTORY OF THE JUDICIARY DEPARTMENT OF THE STATE OF ILLINOIS.

CORRECTED TO FEBRUARY 21, 1901.

(1) THE SUPREME COURT.

The Supreme Court consists of seven justices, elected for a term of nine years, one from each of the seven districts into which the State is divided.

Formerly the State was divided into three grand divisions, Southern, Central and Northern, in which the terms were held, with one clerk for each of the three grand divisions elected for a term of six years, the court sitting at Mt. Vernon, Springfield and Ottawa.

In 1897 these divisions were consolidated into one comprising the entire State, and provision made that all terms of the court be held in the city of Springfield, on the first Tuesday in October, December, February, April and June of each year.

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The Chief Justice is chosen by the court, annually, at the June term. The rule of the court is to select as successor to the presiding justice the justice next in order of seniority who has not served as Chief Justice within six years last past. Mr. Justice Boggs is the present Chief Justice.

CLERKS.

CHRISTOPHER MAMER, Northern Grand Division, 158 Throop St., Chicago.
ALBERT D. CADWALLADER, Central Grand Division, Lincoln.
OLIVER J. PAGE, Southern Grand Division, Metropolis.

The terms of office of these clerks expire 1902, after which time, under the act of 1897, but one clerk will be elected. The present clerks continue in charge of the records of their respective grand divisions as though said grand divisions had not been consolidated. All records, files, dockets and papers of their respective offices are now kept at the State House in Springfield.

Mr. Justice Phillips died at his home in Hillsboro, on the sixteenth day of February, 1901. Office vacant.

(2) APPELLATE COURTS.

These Courts are held by Judges of the Circuit Courts assigned by the Supreme Court for a term of three years. One Clerk is elected in each district. Last assignment, June 15, 1900.

MARTIN L. NEWELL..

REPORTER.

...Springfield.

FIRST DISTRICT.

Composed of the county of Cook.

Court sits at Chicago on the first Tuesdays of March and October.
CLERK-Thomas N. Jamieson, Ashland Block, Chicago.

FRANCIS ADAMS, Presiding Justice, Ashland Block, Chicago.
NATHANIEL C. SEARS, Justice, Ashland Block, Chicago.
THOMAS G. WINDES, Justice, Ashland Block, Chicago.

BRANCH APPELLATE COURT.*

FIRST DISTRICT.

HENRY M. SHEPARD, Presiding Justice, Ashland Block, Chicago.
HENRY V. FREEMAN, Justice, Ashland Block, Chicago.

OLIVER H. HORTON, Justice, Ashland Block, Chicago.

APPELLATE COURTS (CONTINUED.)

SECOND DISTRICT.

Composed of the Northern Grand Division of the Supreme Court, except Cook county.

Court sits at Ottawa, La Salle county, on the first Tuesdays in April and October.

CLERK-Christopher C. Duffy, Ottawa.

HARRY HIGBEE, Presiding Justice, Pittsfield.

DORRANCE DIBELL, Justice, Joliet.

JOHN D. CRABTREE, Justice, Dixon.

THIRD DISTRICT.

Composed of the Central Grand Division of the Supreme Court. Court sits at Springfield, Sangamon county, on the third Tuesdays in May and November.

CLERK-W. C. Hippard, Springfield.

FRANCIS M. WRIGHT, Presiding Justice, Urbana.
OLIVER A. HARKER, Justice, Carbondale.
BENJAMIN R. BURROUGHS, Justice, Edwardsville.

*This court is a branch of the Appellate Court of the first district, and is held by three judges of the Circuit Court, designated and assigned by the Supreme Court under the provisions of the act of the General Assembly, approved June 2, 1897. Hurd's Statute, 1897, 508, Laws of 1897, 185.

FOURTH DISTRICT.

Composed of the Southern Grand Division of the Supreme Court. Court sits at Mount Vernon, Jefferson county, on the fourth Tuesdays in February and August.

CLERK-Frank W. Havill, Mount Vernon.

JAMES A. CREIGHTON, Presiding Justice, Springfield.
HIRAM BIGELOW, Justice, Galva.

NICHOLAS E. WORTHINGTON, Justice, Peoria.

(3) CIRCUIT COURTS.

Exclusive of Cook county, the State of Illinois is divided into Seventeen Judicial Circuits, as follows:

First Circuit.-The counties of Alexander, Pulaski, Massac, Pope, Johnson, Union, Jackson, Williamson and Saline.

JUDGES.

JOSEPH P. ROBARTS, Cairo.

OLIVER A. HARKER, Carbondale.
ALONZO K. VICKERS, Vienna.

Second Circuit.-The counties of Hardin, Gallatin, White, Hamilton, Franklin, Wabash, Edwards, Wayne, Jefferson, Richland, Lawrence and Crawford.

JUDGES.

EDMUND D. YOUNGBLOOD, Mount Vernon.

PRINCE A. PEARCE, Carmi.

ENOCH E. NEWLIN, Robinson.

Third Circuit.-The counties of Randolph, Monroe, St. Clair, Madison, Bond, Washington and Perry.

JUDGES.

BENJAMIN R. BURROUGHS, Edwardsville.

MARTIN W. SCHAEFER, Belleville.

WILLIAM HARTZELL, Chester.

Fourth Circuit.-The counties of Clinton, Marion, Clay, Fayette, Effingham, Jasper, Montgomery, Shelby and Christian.

JUDGES.

WILLIAM M. FARMER, Vandalia.
TRUMAN E. AMES, Shelbyville.

SAMUEL L. DWIGHT, Centralia.

Fifth Circuit.-The counties of Vermilion, Edgar, Clark, Cumberland and Coles.

JUDGES.

HENRY VAN SELLAR, Paris.

FERDINAND BOOKWALTER, Danville.

FRANK K. DUNN, Charleston.

Sixth Circuit.-The counties of Champaign, Douglas, Moultrie, Macon, DeWitt and Piatt.

JUDGES.

FRANCIS M. WRIGHT, Urbana.

EDWARD P. VAIL, Decatur.

WILLIAM G. COCHRAN, Sullivan.

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