REPORTS 39 OF CASES AT LAW AND IN CHANCERY ARGUED AND DETERMINED IN THE SUPREME COURT OF ILLINOIS. VOLUME 242. CONTAINING CASES IN WHICH OPINIONS WERE FILED IN OCTOBER ว ISAAC NEWTON PHILLIPS, REPORTER OF DECISIONS. BLOOMINGTON, ILL. Entered according to Act of Congress, in the year 1910, by ISAAC NEWTON PHILLIPS, In the Office of the Librarian of Congress, at Washington. APR 23 19: Pantagraph Printing and Stationery Co. JUSTICES OF THE SUPREME COURT DURING THE TIME OF THESE REPORTS. WILLIAM M. FARMER, CHIEF JUSTICE. JAMES H. CARTWRIGHT, JOHN P. HAND, ALONZO K. VICKERS, ORRIN N. CARTER, FRANK K. DUNN, GEORGE A. COOKE,* JUSTICES. ATTORNEY GENERAL, REPORTER OF DECISIONS, CLERK, J. MCCAN DAVIS. *Justice George A. Cooke was elected on September 25, 1909, for the unexpired portion of the term of Justice Guy C. Scott, deceased. AMENDMENT OF RULE 42. ADOPTED DECEMBER 22, 1909. 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 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. It shall not be necessary to file a copy of the original transcript of the record of the trial court filed in the Appellate Court, but it shall be sufficient to file such original transcript, authenticated by the seal of the Appellate Court and the certificate of the clerk. Upon the filing of the petition, together with the transcript of the record of the Appellate Court, the clerk of this court shall issue to the clerk of the Appellate Court a certificate of such filing, and the clerk of the Appellate Court shall thereupon transmit to the clerk of this court the original transcript of the record of the trial court. In case the writ shall not be granted the original transcript of the record of the trial court shall be returned forthwith to the clerk 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 heard 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. |