The Ottawa free trader. [volume] (Ottawa, Ill.) 1843-1916, 1879-05-03
THE COURTS.
Appellate Court.

5. Ware J. Pilgram affirmed.
81 Nellory. same, reversed and remandcd.
H. McLclum " Bosttell, same.
IJ Mich ST. ms. Co " Abins, same.
49, Jane Cooper V. William Cooper; reversed
and mmanded; opinion by Sibley, j. This was
a suit in clanccry, brought by William Cooper
against Jane Cooper to compel the conveyance
of certain real estate. The court below decided
in favor of the complainant, but the appellate
court rcycrses the decree on the ground that the
evidence is insufficient to sustain it. +. r. bull
and Wqltcr Reeves for Mrs, Cooper and ID. /.
Jones FOR William Cooper.
Il, Young V. Stevens, reversed and remandcd
10 Bohemian V. Bohemian, same.
A. Miller V. Town Sf Princeton, affirmed
IS. X. IS w. H. r.. Co v. Alfred, reversed and
remanded.
40. William Wilson ct al V, Philip Conlin; re-
ycrsed and rcmandcd; opinion by Siblcy,J. Inns
was suit brought against Conlin upon prom
issory note. The defense was that the note was
given for entrance money for the privilege OF
competing fol a purse of $500 offered by the
EarlvillG Park Association for three minute
race, and consequently gaming contract, But
the appellate court reverse the judgment on the
ground that It was not q gaming contract, and
"
a premium or Il reward and n bet l.. W. Brewer
for Wilson and J. W. Duncan for Conln
20 Sprague ct al V. Mobiles, same.
81 Hostley v Sybcrger, same.
- Artcl ct al Y. Cullen, same.
80 Tocnsburg V. Bosin, same.
1G. Paxton V Schick reversed, order
81 prentiss V. Moore, same.
90 Clayboug V. Ford 1T al, reversed ana re-
handed
g. Berger V. People, etc, affirmed.
66. c., B. IL Q. r. X. Co. '. Colwcll; reversed
and ycmandcd; opinion by Sibley, j. This was
= suit brought by the Administrative of James n.
Colwcll to recover damages for his death by be-
ing thrown from the rear platform of freight
and run over by an engine pushing behind. The
plaintiff in the Circuit Court recovered iudg-
ncnt Of Sc 500, which is reversed by the appellate
court on account OF erroneous Instructions given
on behalf Of plaintiff. F.. n, Lewis, c. +. llobert
and II. T. Gilbert for the Railroad Company and
D. +. Jones for Colwcll
81. Gordon V School Directors, affirmed.
% Patterson V. Sweet, reversed and rcmanded.
10 Van Tuyl V. Rmcr, same.
- Rogers Y. CIaybOug, affirmed.
a. Murray Nelson IL Co. " Geo. W. Ravens ct
al reversed and rcmandcd This cause is re-
vcrsed because the judgment is for too much,
and leave given to Ravens & Co. to remit the cx-
cess and judgment to remain for balance. Mayo
& Nancr for Nelson * Co., aud EichoieOn !.
SNOW for Ravens Ct al.
Is The Commissioners Of Highways Of Deer
Park implcaded, &c, V. The Wrought Iron
Bridge Company OF Canton, Ohio; reversed and
remandcd; opinion by Pllsbury, }. This WAS
suit brought by the Bridge Company against the
Commissioners Of Highways Of Utica and Deer
Park 10 recover for the building OF bridge across
the Illinois river at Utica The Circuit Court
rendered Judgment in favor of the plaintiff for
about 500, 900, from who h the Commissioners Of
Highways OF Deer Park appealed. The Appellate
Court reversed the Judgment on the ground that
the contract upon which the suit was brought
was pot lawfully entered into by the Commits
sioncrs Of Deer Park. 1t appeared that the con
gract was originally signed by the three Commits
sioucrs of Utica and only one Of Deer Park, and
that after the bridge was completed another of
Che Commissioners Of Deer Park attached his
aamc TO the contract The Court say this is con
trary TO law, that ut the time the bridge was com
plctcd there was no liability on the part Of the
town Of Deer Park to pay for it, and that no act
Of the Commissioners after the building Of the
bridge could create a liability, where none exist
ed before. Numerous other important questions
Of law were raised upon the argument, which the
CnlnG found it unnecessary to consider and there
fore declined to express any opinion upon them.
u. s. Eldredgc and II r. Gilbert were the attor
neys for Deer Park, and F.. +. Bull and Gilman e
Cook for the Bridge Company.
=. MOsher V. Rogers, reversed and remandcd.
~. Lucas V. Nichols, affirmed.
ii. Hancock v Sewer, same.
81. HtchOugh V. Village OF Pruevillc, same.
80. Pratt v Pratt reversed in part and re-
manded.
-. AMI F. Jackson V. Francis Bry coroner
&c., reversed and remanded; suit on rcpleyn
bond The court held the contents of the bond
were not sufficiently proven; also that the prop.
erty rcpioyicd cannot be shown to be real estate
In "a .ut ou Bond. G. s. Eldrcdgc for Jackson,
aud Nicholson X Snow Tor Bry
~, Elijah Gibbons " Horace n. Goodrich; re-
yersed and rcmanded. Court held that under the
statute of $40 judgments cannot be revived 10y
Scro G,rils after sixteen years after rendition, no
execution having been issued Hereunder; also
ilt9t sri,s taci0s is action; also that the act
Qiritati,n,) Of 1873 does no. affect eases where
the Limitations had begun to run. Nicholson X
Snow for Gibbons.
~. Joseph Nolan v. d. NJ. Vosburgh reversed
and rammdcd. Held improper to prevent books
ii accounts to so to the jury room unless formal
y introduced in evidence Nicholson Il Snow
for Nolan, Browne < Brewer for Nosburgh.
s&. tha,. }. Borchscnius v Anna lrgcns; re-
vetoed 'ad rcmanded. Where appellant held
policy Of life insurance as pledge, after the in
surcd is dead the widow may submit the amount
Tor which policy is held to arbitrator, and such
aw"rd is good, being fairly entered iuto, and
Such award is good set or to note held by the
widow against the person holding the award.
kCA"iauu snO" Tor DUrcnsen,us, and Rice *
.F...' TO- =. rrns
-. Village Of strawn V. Wright, same.
TIo Cii,uit Court,