(6) The Court refused to admit proper and competent evidence offered by the defendant. (7) The Court erred in overruling defendant's motion for a peremptory instruction at the close of plaintiff's evidence. (8) The Court erred in marking "Refused' the written instruction ten. dered by the defendant at the close of the plaintiff's evidence. (9) The Court erred in overruling defendant's motion for peremptory instruction at the completion of all of the evidence offered in the case. (10) The Court erred in marking "Refused" the written instruction tendered by the defendant at the completion of all of the evidence in the case which was accompanied by a proper written motion requesting that said instruction be marked "Given and read to the jury." (11) The Court erred in refusing proper instructions asked on behalf of the defendant. (12) The Court erred in marking "Given" and in giving to the jury erroneous instructions on behalf of the plaintiff. (13) The Court erred in refusing to mark "Given" and in not giving to the jury instruction Number....4....as tendered by the defendant and in modifying same and in giving same to the jury as so modified. (14) There is no evidence in the record to support the verdict and judgment. (15) The Court erred in overruling defendant's motion for new trial. (16) The Court erred in overruling defendant's motion in arrest of judgment. (17) The Court erred in entering judgment on the record. (18) Counsel for plaintiff made improper and prejudicial remarks in the presence of the jury. (19) The Court erred in overruling the motion of the defense to withdraw a juror and continue the cause on account of the improper conduct of counsel for plaintiff in asking improper and prejudicial questions of jurors upon their voir dire. (20) The judgment is for an excessive amount. JAMES & LEONARD.. ...Attorneys....for....Appellant.... of Counsel. MARTIN JAMES. 123. Bill of Exceptions, Caption and Conclusion. STATE OF... .ILLINOIS... }ss. SS. In the....County....Court of....Cook....County, ....May....Term. .Mrs. James M. Seymour.... Be it remembered, that hereafter, to wit: On the....second....day of ...May....A. D....1914...., being one of the days of said Term, of said Court, before his Honor, ....George M. Hardy...., Judge of said Court, and a jury, this cause came on for trial upon the pleadings heretofore filed herein. Mr....William Baker.... appearing for plaintiff; Mr....Everett Jones....appearing for defendant. And thereupon the plaintiff, to maintain the issues on....her....part, introduces the following evidence, to wit: (Stenographic transcript of the evidence follows). The foregoing is all the evidence offered or received on the trial of the above entitled cause. ....Attorney....for....Defendant.... NOTE. It is the usual practice for the appellant's attorney to prepare the Bill of Exceptions, submit it to the opposing attorney for his perusal and O. K. The presiding judge then signs as a matter of course in the absence of a dispute between the parties. Where there is a controversy as to any particular evidence, the presiding judge may determine the matter from his own recollection or in other ways. Statutes usually govern the matter, and there are numerous decisions in regard to the proper course to be taken. Mandamus may be resorted to in some cases to compel the presiding judge to sign. 124. Brief, Skeleton. In the....Appellate....Court of....Illinois, First....District ..James Smith, Appellee.... V. Wardon Hotel Co., a corporation, Appeal from....Circuit....Court of ....Cook....County. Hon....John P. Hand...., Judge, Presiding. STATEMENT. (A) Pleadings. (B) Facts. (C) Contentions of appellant. POINTS AND AUTHORITIES. Contention No. 1, with authorities. Contention No. 2, with authorities. Contention No. 3, with authorities. Contention No. 4, with authorities, etc. ARGUMENT. In order outlined in POINTS AND AUTHORITIES. CONCLUSION. We therefore respectfully ask that this Court reverse the judgment entered herein, with a finding of fact in favor of the defendant; or if the Court does not feel that it would be justified by the facts in so doing, that it should remand the case for a fair and impartial trial before an unprejudiced jury, on proper evidence and under correct instructions as to the law. Respectfully submitted, The People of the State of....Illinois.... To the Clerk of the....Municipal....Court of....Chicago....within and for the....First....District of said....City...., GREETING: Because, in the Record and proceedings, as also in the rendition of the Judgment of a plea which was in the...Municipal...Court of...Chicago..., within and for the....First....District of said....City...., before the Judge thereof, between. .Frank Adams, plaintiff....., and.....John Simpson, defendant... it is said manifest Error hath intervened, to the injury of the aforesaid....defendant...., as we are informed by....his.... complaint, and we being willing that Error should be corrected, if any there be, in due form and manner, and that justice be done to the parties aforesaid, command you that if Judgment thereof be given you distinctly and openly, without delay, send to our Justices, of the....Appellate.... Court the Record and proceedings of the plaint aforesaid, with all things touching the same, under your seal, so that we may have the same before our Justices aforesaid at....Chicago...., in the County of....Cook...., on the .first Tuesday....of....October next...., that the Record and proceedings, being inspected, we may cause to be done therein, to correct the Error, what of right ought to be done according to law. [COURT SEAL] WITNESS, The Hon....Frank A. Brown...., Presid ing Justice of our Court, and the seal thereof, at....Chicago...., this....fourth....day of....June. ...A. D. In the....Circuit....Court of....Cook....County. To the..... ...Alice Mann Perkins.... ...... V. Henry Perkins Gen. No....613123.... To the Honorable....John Tuthill...., Judge of said Court: In....Chancery Sitting.... HUMBLY COMPLAINING Unto Your....Honor...., your....Oratrix, Alice Mann Perkins....of....Evanston.. in the County of....Cook.... and State of....Illinois. ..... respectfully shows that....she....is, and for more than a year last past, continuously, immediately preceding the filing of this bill of complaint, has been an actual resident of the State of ....Illinois. ... Your....Oratrix. . . . Further shows unto Your....Honor...., that on or about the....first....day of....August....A. D....1907.... at....Chicago...., in the State of....Illinois, she....was lawfully joined in marriage with....Henry Perkins...., of....Evanston........, in the State of ....Illinois.. whom your....oratrix. prays may be made a party defendant hereto, and from thence hitherto, until on or about the....first.... day of....February....A. D....1912...., your....oratrix....and the said defendant lived and cohabited together as husband and wife. Your....Oratrix.... Further shows unto Your....Honor...., that, as the fruits of said marriage, the parties hereto have had born unto them....one child...., who....is....now living, whose....name and age....are as follows, to wit: ...Helen...., aged....three years and two months.... Your....Oratrix.... Further shows unto your....Honor...., that since said marriage, and during all the time....she....lived and cohabited with the said defendant, ....she....has treated....him....kindly and affectionately, and in all things, at all times, conducted....herself....toward the said defendant in a manner well becoming a good, true, and virtuous ....wife.... Your....Oratrix....Further shows unto Your....Honor....that the said defendant is the owner, in....his....own right, in fee simple, of the following described real estate, situate in the County of....Cook...., State of....Illinois . . . ., to-wit: ....Lots 4, 5, 6 of Parker's Resubdivision....to the....City....of....Evanston...., of about the value of....Ten Thousand ($10,000.00).... Dollars; and the said defendant is also the owner of personal property, consisting of....100 shares common stock, Chicago, Milwaukee and St. Paul Railway Company. of the probable value of .Thirteen Thousand ($13,000.00).... Dollars; and the said defendant is also in the receipt of....an annual....income, derived from....his occupation of physician. .; and your....oratrix....shows that....she....is possessed of....no....property, either real or personal, and has....no.... means wherewith to support....herself....and....child...., or to defray the costs and expenses of this proceeding; and that the defendant is abundantly able to supply all the necessities of....herself....and....child...., but wholly refuses so to do; and your....oratrix. .charges that....he...., the said defendant, now threatens to, and is about to sell and dispose of, or incumber all....his....estate, real and personal property, for the purpose of defeating your....oratrix's....rights in the premises, and to pre vent....her....from obtaining alimony for the support of....herself.... and....child...., and for the payment of the costs and expenses of this proceeding, and your....oratrix....fears that....he....will do so, unless restrained by the injunction of this Honorable Court. and Your....Oratrix.... Further shows unto Your....Honor.. charges that the said defendant, on or about the.....first.....day of ....February....A. D....1912...., willfully, and without any reasonable or just cause therefor, deserted and abandoned your....oratrix....and wholly refused to live and cohabit with....her....any longer as husband and wife, and from thence hitherto, up to the time of filing this Bill of Complaint, has continuously absented....himself....from....her...., and refused to return and live with....her....as husband and wife, and still does, without any fault on the part of your....oratrix.... Your....Oratrix.... Further shows unto Your....Honor.. and charges that the said defendant has been guilty of extreme and repeated cruelty to your....oratrix....; that the said defendant, on divers days and times since their said marriage, has beaten, struck, pinched, choked, kicked and otherwise cruelly abused and ill-treated your....oratrix... and has used vile, abusive and opprobrious language toward....her.. and has at divers times threatened the life of your....oratrix.. so that....her.... life has been rendered miserable; and your.....oratrix.....shows and charges that, on or about the....fifth....day of....January. . . .A. D. ....1912... the said defendant....kicked, beat and struck.. .your ....oratrix.... Your....Oratrix.... Further shows unto Your....Honor...., and charges that for the space of two years last past, prior to the filing of this Bill of Complaint, the said defendant has been guilty of habitual drunkenness. Your....Oratrix.... Further shows unto Your....Honor...., and charges that ever since the said marriage, . . . .she....has conducted and demeaned ....herself.... toward the said defendant as a true, faithful, chaste and affectionate....wife...., but the said defendant, wholly regardless of ....his....marriage vows, has, for a considerable time past, given....himself....over to adulterous practices; that on or about the....fourth....day of....December....A. D....1913...., at....Chicago...., in the State of ....Illinois.. the said defendant committed adultery with one....Hettie Adams....and at divers other times and places since said marriage the said defendant committed adultery with one....Lizzie Green...., and with divers other....lewd women...., whose names are to your....oratrix.... unknown. Your....Oratrix....Further shows unto Your....Honor...., and charges that the said defendant, at a term of the..... .Superior.....Court of ....Cook....County, begun and holden within and for said County, on the....first....day of....December....A. D....1913...., was, on the ..tenth....day of....December.. .A. D....1913...., by the consideration and judgment of said Court, duly convicted of the crime of ....forgery...., and on the....fifteenth....day of....December... .A. D. ....1913....the said defendant was, by the Judge of said Court, duly sentenced to confinement in the State Penitentiary for the term of |