REPORTS OF CASES DECIDED IN THE APPELLATE COURTS OF THE STATE OF ILLINOIS AT THE OCTOBER TERM, 1897, AND THE MARCH TERM, 1898, OF THE FIRST THIRD DISTRICT, AND THE AUGUST TERM, VOL. LXXV REPORTED BY MARTIN L. NEWELL COUNSELOR AT LAW CHICAGO CALLAGHAN & COMPANY 1898 Entered according to act of Congress, in the year 1898, BY CALLAGHAN & COMPANY, In the office of the Librarian of Congress, at Washington, D. C. Rec. Oct. 1,1898. Stereotyped and Printed Chicago Legal News Company. DIRECTORY OF THE JUDICIARY DEPARTMENT OF THE STATE OF ILLINOIS. (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. ISAAC N. PHILLIPS. REPORTER. .Bloomington. JUSTICES. First District-CARROLL C. BOGGS.. Sixth District-JAMES H. CARTWRIGHT. .Fairfield. .Galesburg. .Oregon. ...Chicago. 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 Phillips is the present Chief Justice. CLERKS. CHRISTOPHER MAMER, Northern Grand Division, 158 Throop St., Chicago. 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. (3) (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. REPORTER. MARTIN L. NEWELL, 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. JUSTICES. FRANCIS ADAMS, Ashland Block, Chicago. BRANCH APPELLATE COURT.* JUSTICES. HENRY M. SHEPARD, Ashland Block, Chicago. SECOND DISTRICT. Composed of the Northern Grand Division of the Supreme Court, except Cook county. Court sits at Ottawa, La Salle county, on the third Tuesday in May, and the first Tuesday in December. CLERK-Columbus C. Duffy, Ottawa. JUSTICES. JOHN D. CRABTREE, Dixon. DORRANCE DIBELL, Joliet. FRANCIS M. WRIGHT, Urbana. 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. JUSTICES. OLIVER A. HARKER, Carbondale. BENJAMIN R. BURROUGHS, Edwardsville. JOHN J. GLENN, Monmouth. *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. JUSTICES. JAMES A. CREIGHTON, Springfield. (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. Second Circuit.-The counties of Hardin, Gallatin, White, Hamilton, Franklin, Wabash, Edwards, Wayne, Jefferson, Richland, Lawrence and Crawford. JUDGES. EDMUND D. YOUNGBLOOD, Mount Vernon. 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. SCHAEFFER, Belleville. Fourth Circuit.-The counties of Clinton, Marion, Clay, Fayette, Effingham, Jasper, Montgomery, Shelby and Christian. JUDGES. WILLIAM M. FARMER, Vandalia. 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, |