The Ottawa free trader. [volume] (Ottawa, Ill.) 1843-1916, 1889-12-21
THE APPELLATE COURT.
The Following are Notes of Opinions File.
in the Appellate Court This Week.

|
William Ashling, an engineer on the
, old Chicago and st. Louis Railroad
was killed few years ago by the eX'
plosion OF the boiler of his engine neal
Streator. Mrs. Ashling, the widow
and ADMINISTRATIVE OF the estate,
brought suit to get damages OF $1,000
A Judgment for the full amount wa,
obtained, and the defendants then ap-
pealed. The higher court reversed
| the Judgment. Samuel Nicholson is
attorney for Mrs. Ashling. The case
will be tried again.
William Deering & Co., of Chicago,
got a Judgment against William Will
son & Co., Of Earlville, at the March
term Of court, 1888, on notes given by
the Wilson Bres. prior to their as
signment in payment for some ma
chincry. An appeal was taken. but
the ruling Of the Circuit Court was af-
frmed.
Warder & Co. V. Sweetzer. The
opinion Of the lower court affirmed.
The lower court held that Warder Il
Co. be restrained from prosecuting
the ground that they had been paid
by moneys Of +. ID. Sweetzer's. part
payment having been made by j.
Howard SweetZer, IA half brother of
+. d., and these payments improperly
applied upon the account OF j.
Howard SweetZer, instead Of the ac-
count of f., ID. Sweetzer. Further,
Warder & Co. had no right to apply
the money paid by j. Howard Sweet
ger upon his account.
The ruling of the lower court in the
appeal Of Wiley V. Deering & Co. was
affirmed. The SUIT grew out of the
failure of the firm of O. j. Wilson *
Co. at Earl several years ago. Judge
Dibell instructed the jury at the time
the case was tried in the Circuit Court
to find for plaintiff, and not to con
slider the evidence offered by defend
ant, Wiley.
Chicago, Wilmington & Vermllion
Coal Co. V. Glass. The judgment of
the lower Court affirmed. Glass got
a judgment for the damage to IA build
ing, owned by him, owing to the eX-
plosion Of a powder mill belonging to
the coal company, A number Of
other buildings were damaged and
the company settled the greater part
Of the losses. The decision in this
case is final.
Village of Marseilles V. Kilmer.
Judgment affirmed. The Circuit Court
gave Kilmer judgment for $3.50 but
the case was appealed.
Union Coal Company V, City of La
Sale. Judgment affirmed. The case
will probably go to the Supreme Court.
The city got Judgment for $1,000
against the Coal Company for mining
coal under the streets of that city.
Village of Marseilles V. Rowland.
Motion to have the bill of exceptions
from the record was granted.
l.. III. Strawn moved to have the
record in the case of Booker V. Hess
corrected and entered as of May "A.
The motion was allowed.
A petition for leave to file writ of
in the matter of the in
of the village of Grand
Ridge was denied by the Appellate
Court on Tuesday. The motion was
filed Dec. TO- by Evans Finley, Joseph
Boyd and other well known Grand
Ridge people. Nicholson & Seeley
the petitioners. The matter
will be carried to the Supreme Court
with an effort to have the petition
granted.
Christina Booker V. Henry Hess.
Motion to amend record. Hess got
in the Circuit Court against
Booker and the latter then took an
appeal. l.. II. Strawn represents
Booker, and Nicholson & Secley are
attorneys for Hess.