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VOLUME 253.
CONTAINING CASES IN Which OPINIONS WERE FILED IN FEBRUARY,
1912, AND CASES WHEREIN REHEARINGS WERE DENIED AT

THE FEBRUARY AND APRIL TERMS, 1912.

SAMUEL PASHLEY IRWIN,

REPORTER OF DECISIONS.

BLOOMINGTON, ILL.

1912.

Entered according to Act of Congress, in the year 1912, by

SAMUEL PASHLEY IRWIN,
In the Office of the Librarian of Congress, at Wasbingto1.

JUN 8 1912

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

Bloomington, .

JUSTICES OF THE SUPREME COURT

DURING THE TIME OF THESE REPORTS.

ORRIN N. CARTER, CHIEF JUSTICE.
JAMES H. CARTWRIGHT,
JOHN P. HAND,
WILLIAM M. FARMER,

JUSTICES.
ALONZO K. VICKERS,
FRANK K. DUNN,
GEORGE A. COOKE,

ATTORNEY GENERAL,

WILLIAM H. STEAD.

REPORTER OF DECISIONS,

SAMUEL PASHLEY IRWIN.

CLERK,

J. McCAN DAVIS.

AMENDMENT OF RULES 13 AND 39.

On April 15, 1912, the following proviso was added to rule 13 of the Supreme Court, relating to the removal of records from the office of the clerk:

"And provided further, that where the original bill of exceptions or certificate of evidence shall be incorporated in the transcript of the record and the judgment or decree shall be reversed and the cause remanded for another trial or hearing, said original bill of exceptions or certificate of evidence may be withdrawn by either party desiring to use the same on another trial or hearing, and the clerk of this court, upon application therefor, will detach the same from the transcript, substituting therefor the receipt of the party to whom the same is delivered and a certified copy of any original document included in or annexed to such bill of exceptions or certificate of evidence as an exhibit.”

On April 4, 1912, the following amendment to the second paragraph of rule 39 of the Supreme Court was adopted, relative to the times and places for holding examinations for admission to the bar:

"Examinations shall be conducted by written or printed interrogatories, in whole or in part, and be as nearly as possible uniform throughout the State; to be held at Ottawa on the last Tuesday in February; at Chicago the first Tuesday next succeeding the fourth day in July; at Springfield the first Tuesday in October, and at Mt. Vernon on the first Tuesday in December in each year. Such examinations shall be held by the examiners as a body, a majority of whom shall constitute a quorum.”

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TABLE OF

OF CASES

REPORTED IN THIS VOLUME.

I 20

A
PAGE.

PAGE. Aldridge v. Clear Creek Chicago, City of, ads. KimDrainage and Levee Dist. 251 ball.

105 Alward v. Harper..... 294 Chicago, City of, v. TerAnderson ads. Schmidt. 29 williger

395 Chicago & Southern TracB

tion Co. ads. Schlauder.. 154 Bach ads. Fagan... 588 Cincinnati, Indianapolis & Ballou ads. Schenck. 415 Western Ry. Co. ads. Barr ads. Verdun...

People ex rel.....

420 Becker ads. People....... 131 Clark ads. Elliott.

63 Bergman ads. People ex rel. 469 Clark ads. Norton.

557 Bloomington, City of, ads. Clark v. Zaleski..

63 Highway Comrs. 164 Clary v. Schaack.

471 Board of Highway Comrs. Clear Creek Drainage Dis

v. City of Bloomington. 164 trict ads. Aldridge..... 251 Booth Fisheries Co. ads. Cohen v. Segal...

34 People ...

423 Commissioners of Drainage Bowman ads. People ex rel. 234 District v. Meyer.....

306 Brooks ads. Slick..... 58 Connors ads. People... 266 Brown v. Brown...... 466 Conway ads. People ex rel. 140 Brown ads. People ex rel. Bunsen Coal Co. ads. Kul

578

D vie.....

386 Davis ads. City of Chicago. 404 Burns ads. Kimber.

343 Delta Bag Co. v. Kearns.. 365 Byrd ads. People... 223 Donovan v. Major.. 179

Drainage Comrs. of Union
С

Dist. No. I ads. Price.. 114
Cantwell ads. People...... 57
Cataldo v. Ostiuso.....

E Chicago & Alton R. R. Co. Elliott v. Clark....

63 ads. People ex rel.. 191

Ellis v. Flannigan.. 397 Chicago, Burl. & Q. R. R. Ellis ads. People ex rel... 369

Co. ads. People ex rel... 100 Enright v. Knights and Chicago, City of, v. Davis. 404 Ladies of Security...... 460

138.

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