the act must accompany the agreement. National Union Building
Ass'n v. Brewer,
223

13. In an action brought to recover upon a written contract of
apprenticeship, wherein defendants agreed to teach a person named a
certain trade, the terms of said contract varying from the allegations of
the declaration, this court holds, the discontinuance of the suit as to a
co-plaintiff having left the record such that the evidence fails to show
any covenant on the part of the plaintiff, that the judgment against
the defendant can not stand. Chicago Stove Works v. Lally, 249

14. In an action brought to recover a sum subscribed in aid of a given
enterprise, the consideration which supports the promise is expendi-
ture by the promisee on the faith of the subscription. Kinsley v. Inter-
national Military Encampment Co.,
259

15. In the case presented, this court holds that the amount sub-
scribed by the defendant was intended for dollars. Id.,

259
16. In actions on contracts, recovery and judgment must be against,
all or none who are served with process, or have appeared. Ward v.
Stanley,
417
17. That which is implied in an express contract is as much a part
of it as what is expressed. Hart v. Otis,
431
18. In the construction of written contracts, the intent of the par-
ties is to be arrived at if possible. Hoerath v. Hogan,
472
CORPORATIONS-See CONTRACTS, 8; Monopolies, 2.

1.

Where a corporation is solvent an agent or officer thereof may
deal with it, it being represented in the transaction by other agents.
Matson v. Alley,

72
2. Unpaid stock liabilities are assets, and though a corporation may
have no tangible property, it can not be said to be insolvent, where the
sum remaining unpaid and liable to call on its stock, held by solvent
stockholders, exceeds the amount of its debts. Id.,
72

3. It can not be contended, in a claim upon promissory notes given
by a corporation, that its officers were without authority to execute
them, where there is no attempt to execute the power of attorney pur-
porting to authorize a confession of judgment thereon against the cor-
poration, it being authorized to execute ordinary notes. Id.,

72

4. The fact that the certificate of the incorporation of a corporation
was not filed with the recorder of a given county until after the com-
mencement of a suit in which it is interested, does not subject the
validity of its organization to collateral attack. American Live Stock
Com. Co. v. Chicago Live Stock Exch.,
149

5. A corporation can not be made liable for loss caused by the false
representations of its officers concerning a matter about which they are
not shown, and can not be presumed to have had, any authority from
the corporation to make any representations whatever. Schubart v.
Chicago Gas Light & Coke Co.,
181

6. Where a party to a suit before a justice appeals as a corporation
from the judgment thereof, no proof of its corporate existence other

than that afforded by its appeal bond, is necessary. Gerlinger v. Lab-

adie,

283

COSTS.

1. A court may properly require a party to pay accrued costs as a
condition precedent to setting aside a judgment by default.
Minneapolis Harvester Works,

CREDITORS' BILLS.

Yost v.
556

1. The appointment of a receiver pendente lite, upon a creditor's
bill, rests in the discretion of the court. Edwards v. Rodgers, 405
2. Judgment having been obtained against a debtor, and an execu-
tion having been returned unsatisfied, a creditor is entitled to whatever
relief he can obtain by filing a creditor's bill. Id.,
405

3. A party having the right to file a creditor's bill, is entitled to
support the same if he can, by proof, and to have a hearing thereon;
and he is not concluded by the sworn answer of the defendant. Id., 405
CRIMINAL LAW-See CONSPIRACY, 1; CONTEMPT, 1.

1. In view of the wording of the letters that form the contract in
the case presented, this court holds that the plaintiff had an option only
to sell the stock involved, at a future time, and that said contract is
within the inhibition of Sec. 13) of the Criminal Code. Locke v. Tow-
ler,
66

DAMAGES-See PERSONAL INJURIES, 18; RAILROADS, 24, 25.

1. To warrant a recovery for special damages, the particular dam-
age must be stated in the declaration. North Chicago Street Ry. Co.
v. Cotton,

311

2. In an action brought to recover from a transportation company
the loss sustained on carloads of fruit brought from a distance in the cars
thereof, it is for the jury to find from the evidence what caused the
injury to the fruit and the damage suffered. Perishable Freight
Transportation Co. v. O'Neill,
423

3. Only those damages can be recovered for a breach of contract
that are the proximate and natural result of the breach and which may
be presumed to have been contemplated by the parties. Freeman v.
Dempsey,
554

4. When a contract provides for special damages or is of a special
character, and there is a breach caused by the failure to comply with
another contract which is ancillary thereto, in order to recover such
special damages in a suit for a breach of the subordinate contract, the
maker thereof must have some notice of the character of such principal
contract. Id.,
554

5. In an action brought to recover for the breach of a contract for
the leasing of certain farm lands, this court holds that the amount
awarded to the plaintiffs as damages is not shown by the evidence to
have been sustained by them. Lukens v. Beerniek,

DEPOSITIONS-See NEGOTIABLE INSTRUMENTS, 2.

583

1. The reading of a deposition upon the trial of a cause and the

DEPOSITIONS. Continued.

incorporation of it into the bill of exceptions, prepared for the purpose
of showing what took place upon the trial, do not make it a part of the
record which the court made upon a motion to suppress it some weeks
before. Schwarze v. Spiegel,

DIVORCE.

351

1. This court declines to interfere with a decree dismissing a bill
filed by a husband for a divorce, the acts upon which the same is based
having occurred in another State. Hitchins v. Hitchins,
82
2. This court does not favor the practice of parties resorting to the
courts of this State for relief in such cases. Id.,
82
3. A person guilty of adultery is not entitled to a divorce upon the
same ground, and the belief of such party in his own innocence does
not change the legal character of the act. Gordon v. Gordon, 187
4. Failure to pay temporary alimony by a husband pending the
progress of proceedings for a divorce instituted by his wife, will not
justify the striking of his answer from the files. Id.,
137
5. There is no presumption that a married woman, for a consider-
able number of years a wife, is possessed of property. Ayers v. Ayers,
226

6. In a suit for divorce on a bill filed by a husband, based upon the
alleged adultery of his wife, this court holds there was no error as to
the award to the latter of a sum named as solicitor's fees, and declines
to interfere with the decree for the defendant. Id.,
226

7. Upon an appeal from a decree entered in behalf of the complain-
ant in a bill in the nature of a bill of review, filed to set aside a former
decree of divorce obtained by the defendant against said complainant,
this court holds, that in view of the evidence the return upon the sum-
mons in the original suit, which from the recital in the record must be
taken to have been in proper form to show a good service, can not be
impeached, and that in view of the evidence the decree setting aside the
decree of divorce can not be interfered with. Scanlan v. Scanlan,

449

8. Likewise that appellant was guilty of fraud in representing to
the appellee that his suit would not be prosecuted, and that she relied
upon his representations. Id.,
449

DOGS.

1. In an action brought to recover for an injury sustained through
the bite of defendant's dog, this court holds, in view of the giving of
an erroneous instruction in behalf of the plaintiff, that the judgment in
her favor can not stand. Dvorak v. Maloch,
131

DRAINAGE.

1. The owners of lands lying within the boundaries of a drainage
district, and damaged by the construction of the levees of the district,
can not recover therefor from the district. Russell & Allison Drain-
age District v. Pinkstaff,
504

2. The notice referred to in the drainage act, "to all persons inter-
ested" to appear and present their claims for damages, applies to and

DRAINAGE. Continued.

affects those owners only whose lands are within a given district.
Drainage Commissioners v. Waeltz,

575
3. An action will not lie to recover damages from a drainage dis-
trict, for injuries suffered through the tortious acts of commissioners.
To so recover, the remedy is against them personally. Id.,

DRAM SHOPS.

575

1. In an action under Sec. 9 of the dram shop act, the burden of
proof is upon the plaintiff to show that the defendant caused the injury
in whole or in part, and this can not be assumed without proof. West-
phel v. Austin,
648

2. To make a liquor dealer liable under the statute, he must create
the very intoxication, habitual or otherwise, from which the injury fol-
lows. During the time that the sales are going on, the party using the
liquor must be contracting by the use of it, in whole or in part, the
disease of which he afterward dies. Id.,

648
3. It is not enough in such case to say that he had an appetite
formed by the sale of the liquor, which led to his final injury, long after
the first seller ceased to sell him liquor. Id.,
DURESS.

648

1. In order, in an action thereon, to justify the defense that the
makers of a note were induced to execute the same by means of threats
and fears, it must be shown that the threats were such as would natu-
rally excite such a fear as would overcome the will of a person of ordi-
nary courage; and such fear must be grounded upon reasonable belief
that the person who threatens has at hand the means for carrying his
threat into present execution. Young v. Simm,
28

2.

Where the party making the threat is not, and is not represented
to be in any position, and has no means for carrying out his threat
other than such as are possessed by all members of the community —
where the liberty of the person against whom the threat is made is in no
wise restrained, and the threatener has made no complaint, has no war-
rant and is not represented to have, and neither has, nor appears to have,
at hand or within control, any means for carrying into execution his an-
nounced purpose, mere threats of arrest do not constitute duress. Id.,

28

EMINENT DOMAIN-See MUNICIPAL CORPorations, 7.
EQUITY-See PRACTICE, 4, 18, 35; Sales, 1.
EVIDENCE-See ADMINISTRATION, 2; CONTRACTS, 11; CORPORATIONS, 6;
HUSBAND AND WIFE, 2; NEGOTIABLE INSTRUMENTS, 6; PLEADING, 13;
PRACTICE, 15, 16, 17, 34; SALES, 10, 13; WITNESSES, 1.

1. It is proper in certain cases to admit in evidence statements made
to commercial agencies, where the same shed light upon the contract
in question. Fougner v. First Nat. Bank of Chicago,

202

2. The fact that more is proved in a given case than is alleged. is
no variance, if it does not contradict what is alleged. Kinsley v. In-
ternational Military Encampment Co.,

259

3. While a surgeon may testify whether external violence, having a

VOL, XLI 43

specified effect upon the person, may produce a given result, it is not
competent for him to say that a described movement of a car and of
the person of the patient, will or will not produce that specified effect
upon his person.
Wabash W. Ry. Co. v. Friedman,
270
4. All general ground of objection to the admission of evidence is
waived by making the objection specific. North Chicago Street Ry.
Co. v. Cotton,

EXECUTIONS.

311

1. Choses in action are not subject to seizure and sale under execu-
tion. This is the common law rule and obtains in this State. Crai-
ford v. Schmitz,

EXEMPTIONS.

357

1. Where a non-resident debtor is proceeded against in this State,
the exemption laws of the State in which he resides can not avail him.
He is bound by the laws of this State. Wabash R. R. Co. v. Dougan,

543
2. Residence with one's family is a prerequisite to the right to the ex-
emption provided for in Sec. 14, Chap. 62, R. S. Id.,
543
FORCIBLE DETAINER.

1. In forcible entry and detainer proceedings, the notice and com-
plaint should describe the premises properly, instead of following an
erroneous description in the lease. Upon trial it can be shown that the
defendant entered into the premises under the lease and paid rent
therefor. Gerlach v. Walsh,

83

2. Property wrongfully withheld is to be ascertained by the judg
ment of the court, and restitution thereof enforced by its process, and
a judgment should not be rendered for the restitution of premises by
an impossible description, and if rendered, can not stand. Id., $3
3. As a general rule a tenant can not deny the title of his landlord,
and in an action of forcible entry and detainer the admission in evi-
dence of a will, in order to show the title to be in the lessors, is im-
proper. Such will would be irrelevant, and the putting it in evi-
dence surplusage. Grundies v. Kelso,
200

4. In the case presented it is held, as to the statute of frauds, that
the estate of the trustees had passed to the appellee, and that he was in
privity with them and could make that defense. Id.,
200

5. A conveyance pendente lite by the plaintiff in an action of forcible
detainer, does not affect his right to recover, if at the commencement
of the suit he was entitled to the possession, and the same result attends
any change of possession. Daggitt v. Mensch,
403

6. A party to a suit of forcible entry and detainer before a justice
may take his appeal from the finding thereof, either by filing his bond
with the justice, and having the justice approve it, or by filing his bond
with the clerk of the appellate court, and having it approved by said
clerk. The party appealing, in order to have an appeal, must fi'e his
bond within five days from the rendition of the judgment. Fairbank
v. Streeter,

434