TO....Henry Clark, Attorney for Fred Mark, defendant.... .... TAKE NOTICE, That on the.. ..first.. .day of..... .May.....A. D. ....1914....at....ten....o'clock in the....fore....noon, or as soon thereafter as counsel can be heard, the undersigned will sue out of the office of the Clerk of said Court a Dedimus Potestatem or Commission under the seal of said Court, directed to....John Ward, Notary Public...., of....Charles City....in the County of....Bond....and State of....Wisconsin...., or to any Judge, Master in Chancery, Notary Public, or Justice of the Peace of the County last named, to take the....deposition....of....May Smith.... upon interrogatories to be propounded to said....witness...., orally, to be read in evidence on the part of the said....Frank Smith....on the trial of the above entitled cause. FURTHER, TAKE NOTICE, That said....deposition....will be taken at the office of....James Clarke...., No....724 W. Huron....Street, in the....City....of....Charles City....aforesaid; and the examination of said....witness....under said commission will be begun the.... .fourth.... day of....June....A. D.....1914....at....ten....o'clock....A....M., and will continue from day to day until completed, at which time and place you may appear and cross-examine, if you see fit. DATED....April thirtieth....A. D....1914.... JOHN HILLIS. ...Attorney....for....Complainant.... 116. Deposition Certificate. STATE OF.....WISCONSIN.... County of Bond SS. I, ....John Ward, Notary Public...., in and for said County, DO HEREBY CERTIFY that the above deposition was taken before me at ....the office of James Clarke....in the....City....of....Charles City.... in said County on the....fourth....day of....June....A.D....1914.. at....ten....o'clock....A....M.; that it was taken at the request of the ..plaintiff....upon....verbal....interrogatories; that it was reduced to writing by....John Jones....1 (in my presence, under oath truthfully to transcribe); that it was taken to be used in the action of....Frank Smith against Fred Mark.....now pending in the.....Superior.....Court of ....Cook....County, ....Illinois. ...; that the reason for taking it was to get the testimony of....May Smith...., residing in....Bond....County, 1 Where taken down by Notary, part in parentheses may be omitted. ... ....Wisconsin....; that 1(a notice, of which the annexed2 is a copy, was served upon. .Fred Mark....on the....fifth....day of....May. . . .A. D. ....1914. .); that said deponent before examination was sworn to testify the truth, the whole truth, and nothing but the truth, relative to said cause, and that said deposition was carefully read....by....said deponent and then subscribed by....her.... In the....Superior....Court of....Cook....County, To....Henry Clark, Attorney for Fred Mark, defendant........ TAKE NOTICE, That on the.....first.....day of.. .May.....A. D. ....1914...., at....ten....o'clock in the....fore....noon, or as soon thereafter as counsel can be heard, the undersigned will sue out of the office of the Clerk of said Court, a Dedimus Potestatem, or commission under the seal of said Court, directed to....John Ward, Notary Public...., of....Charles City....in the County of....Bond....and State of....Wisconsin...., or to any Judge, Master in Chancery, Notary Public, or Justice of the Peace of the County last above mentioned, to take the... deposition... of....May Smith....upon the interrogatories hereto attached, to be read in evidence on the part of the....plaintiff....on the trial of the above entitled cause now pending in the said.....Superior.....Court on the ....Law....side thereof; when and where you can appear and file cross interrogatories, and join in said commission, if you wish. DATED this....fifth....day of....May....A. D....1914.... JOHN HILLIS.. .Attorney....for....Complainant.... .I, Henry Clark...., hereby acknowledge service of the foregoing Notice and attached Interrogatories, by a copy thereof, this....fifth.... day of....April....A. D....1914 ........ NOTE. Where acknowledgment of service is refused, affidavit of service may be made. See No. 167. 1 Where other party appears or deposition is taken by stipulation, statement to either effect may be substituted for part in parentheses. 2 Copy of No. 117. William Prince....., being duly sworn, deposes and says that Harry Albertson is....indebted to....him.. after allowing all just credits and set-offs, in the sum of....One Hundred Fifty ($150.00).... Dollars and....no.... Cents, and that the nature of plaintiff's said claim is upon. ...a promissory note....given....August fourth....A. D....1912.... to cover indebtedness contracted by said....Harry Albertson....for goods furnished to said....Harry Albertson.. ..at....his....request; and affiant further states that the said1....Harry Albertson is....not....a resident....of this State, and that....his place....of residence....is Cedar Rapids, Iowa....; that upon diligent inquiry, affiant has not been able to ascertain....his....place of residence; that....he has concealed himself and stands....in defiance of an officer, so that process cannot be served upon....him....; that....he has....departed from this State with the intention of having....his....effects removed from this State; that....he is....about to depart from this State with the intention of having....his.... effects removed from this State; that...he is...about to remove...his....... property from this State to the injury of the said.... William Prince....; that....he has....within two years last past, fraudulently conveyed or assigned....his....effects, or a part thereof, so as to hinder and delay ....his....creditors; that....he has....within two years last past fraudulently concealed or disposed of....his....property so as to hinder and delay....his....creditors; that....he is....about fraudulently to conceal, assign or otherwise dispose of....his. . property or effects, so as to hinder and delay....his....creditors; that the debt sued for was fraudulently contracted on the part of the....debtor...., and that the statements of said....Harry Albertson....which constituted said fraud were reduced to writing and signed by....Harry Albertson....; and further deponent saith not. WILLIAM PRINCE.... [SEAL] NOTE. Add acknowledgment before authorized official. See No. 17. 1 The action of attachment is based on statutes, and the statutes of any jurisdiction should be consulted to determine upon what grounds the action may be brought. A number of grounds are given, but in any case only such should be used as are applicable. ...James Henry...., of said County, being duly sworn, says, that at the....October....Term of the....Circuit....Court of....Cook.... County, A. D....1914.... a judgment was rendered in favor of....James Henry.. ...and against....Fred Williams....for the sum of....Two Hundred ($200.00).... Dollars and....Fifty....Cents, debt, and....Twelve ($12.00)....Dollars and....Sixty....Cents, costs of suit; that execution has been duly issued on said judgment against said....Defendant...., which has been returned by....Frank Zimmer...., Sheriff of said County, "no property found"; and this affiant avers that said....Defendant has....no property within the knowledge of this affiant, in....his.... possession, liable to execution; but this affiant has just reason to believe that....the Chicago Great Eastern Railroad Company is....indebted to said....Defendant...., or....has....effects or estate of said....Defendant....in....its....hands. Wherefore this affiant prays that said....Chicago Great Eastern Railroad Company....may be summoned personally to be and appear before the ....Circuit....Court of....Cook....County on the....first....day of the ... .next....Term thereof, being the....third Monday....of....December....A. D....1914...., as garnishee agreeably to law. ....Harry Warner...., being duly sworn, ...deposes and says...., that ....he is....the....owner....and....is....now lawfully entitled to the possession of the following Goods and Chattels, viz.: ....two (2) desks, five (5) chairs and two (2) beds...., and that said Goods and Chattels are of the value of....Two Hundred ($200.00)....Dollars. That on the....third....day of....August....A. D....1914, James Simpson.... wrongfully took and wrongfully....detains....the said Goods and Chattels from....this affiant.. and that said Goods and Chattels have not been taken for any tax, assessment or fine levied by virtue of any law of this ..... State; nor seized under any execution or attachment against the Goods and Chattels of....this affiant....liable to execution or attachment, or held by virtue of any writ of replevin against....this affiant.......... HARRY WARNER.... NOTE. Add acknowledgment before authorized official. See No. 17. D. (b) Pleadings-Appellate. 121. Abstract, Skeleton. In the....Appellate....Court of....Illinois, First....District ....Henry Smith, Appellee.... V. ....Wardon Hotel Co., a corporation, Appellant.... Appeal from....Circuit....Court of ....Cook.... County. Hon.....John P. Hand...., Judge, Presiding. Placita; Praecipe; Summons; Declaration; Plea of general issue; Jury impanelled and sworn; Jury retire to consider their verdict; Verdict of jury; Motion for new trial; Motion for new trial overruled, exception; Motion in arrest of judgment overruled, exception; Judgment on verdict, exception; Prayer for allowance of appeal; Bond, .....Ten Thousand ($10,000.00).....Dollars, to be approved by Court and filed within thirty. .days, and leave given to file Bill of Exceptions within ....sixty....days; Appeal bond approved and filed; Bill of Exceptions filed; Bill of Exceptions, including various instructions, offered by the parties, and exceptions to certain ones given by the Court and to the refusal of certain ones by the Court; Certificate of presiding judge that the Bill of Exceptions contains all of the evidence heard and all the instructions modified, given or refused; Exhibits of the parties; Notice for praecipe of record; Praecipe of record; Certificate of....J. W. Rainey...., clerk of ....Circuit....Court of....Cook....County that the record is a true, perfect and complete transcript; Assignment of errors (see No. 122). 122. Assignment of Errors. (For position in Abstract, see No. 121.) by Now....comes appellant, Wardon Hotel Co., a corporation... ....James & Leonard, its attorneys...., and....assigns....error upon the record, judgment and proceeding in said....Circuit....Court, as follows: (1) The verdict and judgment are against the law in the case. (2) The verdict and judgment are contrary to the evidence in the case. (3) The verdict and judgment are contrary to the weight of the evidence. (4) The Court admitted incompetent and improper evidence introduced by plaintiff over the objection of the defendant. (5) The Court refused to exclude and strike out incompetent, irrelevant and immaterial evidence prejudicial to the rights and interests of the defendant. |