In the....Circuit.... Court of....Cook....County, ..May....Term, A. D....1914.... ....Frank Phelan, Plaintiff.. V. ....Chicago, Minneapolis & St. Paul Railroad Company, a corporation, Defendant.... -Gen. No.... 67314.... .... ....Frank Phelan...., plaintiff, by....Tucker Williams, his attorney... complains of the....Chicago, Minneapolis & St. Paul Railroad Company.. defendant, of a plea of trespass on the case: FOR THAT WHEREAS, The defendant, on the....third....day of .August....A. D....1912...., was possessed of and using and operating a certain railroad extending from....Minneapolis....to....Chicago...., and in the County aforesaid, with certain trains of cars running thereon for the conveyance of goods and passengers, for reward; and the plaintiff at....Chicago, Illinois...., aforesaid, then became a passenger in a certain train of the defendant, on the said railroad, to be carried, and was thereupon accordingly then carried, in the said train, from ....Chicago....to....Minneapolis...., for certain reward to the defendant in that behalf. AND THEREUPON it became and was the duty of the defendant, upon the arrival of said train at....Minneapolis....aforesaid, to give the plaintiff an opportunity of safely alighting therefrom and then and there to stop the said train for a reasonable time to enable the plaintiff so to alight therefrom safely as aforesaid; yet the defendant did not regard its duty, or use due care in that behalf, but on the contrary thereto upon the arrival of the said train at....Minneapolis....aforesaid on the date aforesaid, and while the plaintiff with all due care and diligence was then and there about to alight therefrom, the defendant carelessly and negligently caused the said train to be suddenly and violently started and moved, and thereby the plaintiff was then and there thrown with great force and violence from and off the said train to and upon the ground there; by means whereof, then and there one of the arms of said plaintiff was broken and one of....his.... ankles was dislocated and....he.... was otherwise greatly bruised, seriously and permanently hurt and wounded; and thereby the plaintiff was obliged to and did then and there lay out divers large sums of money, amounting to ....Five Hundred ($500.00).... Dollars, in and about endeavoring to be cured of the said injuries so received as aforesaid; and also by means of the premises the plaintiff then and there became and was sick, sore, lame and disordered, and so remained for a long time, to wit: from thence hitherto up to and including this and will permanently so remain, and the plaintiff suffered great pain, and was and still is hindered and prevented from transacting and attending to....his.... business and affairs, and lost and still is deprived of divers great gains and profits which....he....might and other wise would have made and acquired: To the damage of the plaintiff in the sum of... Fifteen Thousand ($15,000.00)... Dollars, and therefore...he... brings. ...his....suit. TUCKER WILLIAMS.. ...Attorney....for... .Plaintiff ........ 151. Declaration in Case for Damage to Property by Carrier. (For heading, see No. 150.) ...Frank Phelan, plaintiff ........, by..........H. P. Wales, his attorney, complains....of the....Chicago, Minneapolis and St. Paul Railroad, defendof a plea of trespass on the case: ant.... FOR THAT WHEREAS, The....defendant...., on the....fourth....day of....August....A. D....1912, was... . possessed of and using and operating....a certain railroad....and....was a common carrier....of goods and chattels thereon for hire, to wit: from....Chicago....to.... Toledo, Ohio....: And the....plaintiff....on the date aforesaid, at....Chicago.... aforesaid, caused to be delivered to the....defendant........, and the....defendant....then and there received of the....plaintiff seventeen (17) rolls of cat skins...., of the value of....Five Hundred ($500.00)....Dollars, to be safely and securely carried by the....defendant....between the points aforesaid, and at the last named place to be safely and securely delivered to....one Harry Ward....for certain reward to the....defendant....in that behalf; YET the....defendant....did not safely and securely carry the said goods aforesaid between the points aforesaid, and at the last named place safely and securely deliver the same to....Harry Ward....; but on the contrary thereto, by the negligence of the....defendant....and....its.... servants in that behalf, the said goods aforesaid afterwards, to wit: on the ....sixth....day of....August....A. D....1912...., became and were wholly lost to the.... .plaintiff....: To the damage of the....plaintiff.... of....One Thousand ($1,000.00)....Dollars, and therefore....he brings his....suit. H. P. WALES.. ...Attorney....for....Plaintiff ........ 152. Declaration in Case for Slander. (For heading, see No. 147.) ....Helen Warren, plaintiff...., by....Henry Farrell, her attorney, complains....of....William Warner, defendant.... of a plea of trespass on the case: FOR THAT WHEREAS, .....plaintiff............., before and at the time of the committing by the....defendant....of the several grievances hereinafter mentioned, ....was....and always....has....been virtuous and chaste, and....was a person....of good name and reputation, and deservedly enjoyed the esteem and good opinion of....her....neighbors and other worthy citizens of this State: YET the....defendant...., well knowing the premises, but contriving and maliciously intending to injure the....plaintiff....in....her....good name and reputation, and to bring....her....into public scandal and disgrace, and to cause it to be spoken and believed by divers persons that....she was unchaste....on account of a certain discourse which the....defendant.... on or about the....fifth....day of....July....A. D....1912....then and there had in the presence and hearing of divers persons, of and concerning the....plaintiff...., falsely and maliciously, in the presence and hearing of the said persons, spoke and published of and concerning the....plaintiff....the false, scandalous, malicious and defamatory words following, that is to say, ...." Helen Warren is too intimate with a couple of men in town' meaning thereby then and there to charge that the....plaintiff....had been and....was.... ..guilty of.... .fornication.... ..... By means of the committing of which said several grievances by the ....defendant...., the....plaintiff has....been and....is....greatly injured in....her....said good name and reputation, and brought into public scandal and disgrace, and....has....been and....is....shunned and avoided by divers persons, and....has....been and....is....otherwise injured. To the damage of the.....plaintiff.....in the sum of.....Five Thousand ($5,000.00).... Dollars, and therefore....she brings her....suit. 153. Declaration in Covenant for Breach of Warranty. (For heading, see No. 144.) ....Oscar Henson, plaintiff...., by....Tucker Ford, his attorney, complains....of....Frank Wagner, defendant...., of a breach of covenant: FOR THAT WHEREAS, The....defendant...., on the....third.... day of....August....A. D....1912...., in....Chicago, Illinois...., by ....his.... deed bearing date of that day, and now to the Court here shown, for the consideration therein mentioned, did grant, bargain and sell to the ....plaintiff, his.... heirs and assigns, a certain parcel of land in the said deed particularly described, as Lot....Six (6)....in Block....Three (3), Howe's Subdivision....to the....original Village....of....Riverside, Illinois...., to have and to hold the same to the....plaintiff, his....heirs and assigns, forever; and the....defendant....did by this said deed covenant with the....plaintiff, his....heirs and assigns, among other things, that at the time of the ensealing and delivery of the said deed the said parcel of land was free and clear from all former or other grants, bargains, sales, liens, taxes, assessments and incumbrances of what kind or nature soever. YET, the....plaintiff avers....that the said above mentioned parcel of land was not, at the time of the ensealing and delivery of the said deed, free and clear from all former or other grants, bargains, sales, liens, taxes, assessments and incumbrances of what kind or nature soever, but on the contrary thereto, the....defendant....before that time, to wit, on the....tenth....day of....March....A. D....1909... by....his.... deed of that date had mortgaged the said parcel of land to....one George Hard....to secure the payment of....One Thousand ($1,000.00)....Dollars with interest thereon, to the said....George Hard....by the....tenth.... day of....March....A. D....1913...., which said sum of money, with interest thereon from the....tenth....day of....March....A. D....1912...., is still unpaid, and the said parcel of land is still chargeable with the payment thereof. And so the....plaintiff says....that the....defendant has....not kept....his....covenant aforesaid, but....has....broken the same to the damage of the....plaintiff....in the sum of.... Two Thousand ($2,000.00).... Dollars, and therefore....he brings his....suit. TUCKER FORD.. ....Attorney....for. 154. Declaration in Action of Debt. (For heading, see No. 144.) .Plaintiff.... ...Oscar Henson, plaintiff....in this suit, by....Henry Ward, his attorney, complains....of....Frank Wagner, defendant....in a plea that ....he render....to said....plaintiff....the sum of....Four Hundred ($400.00)....Dollars, which....he owes....to and unjustly....detains.... from....plaintiff ... FOR THAT WHEREAS, The said....defendant...., to wit, on the ....first....day of....May....A. D....1912...., to wit, at....Charleston....in the County of....Bond........and State aforesaid, was indebted to the said....plaintiff....in the sum of....Four Hundred ($400.00).... Dollars, for the use and occupation of a certain parcel of land, messuage and premises, with the tenements and appurtenances of the said....plaintiff...., by the said....defendant...., and at....his....special instance and request, and by the sufferance and permission of the said....plaintiff......... for a long time before then elapsed, held, used, occupied, possessed and enjoyed, which said last mentioned sum of money was to be paid to the said ...plaintiff....by the said....defendant....on request. YET the said....defendant...., although often requested so to do, ....hath....not paid the said sum of money above demanded, so due to the said....plaintiff....as aforesaid, or any part thereof, but so to do ....hath....wholly refused and still....doth....refuse, to the damage of the said....plaintiff ....of....Five Hundred ($500.00)....Dollars; and therefore....he brings....suit, etc. HENRY WARD... ..Attorney....for.... .Plaintiff.... 155. Declaration in Ejectment. (For heading, see No. 144.) ....Oscar Henson, plaintiff...., by....Tucker Allen, his attorney, complains....of....Frank Wagner, defendant... of a plea of ejectment: FOR THAT The.... plaintiff ....on the....third....day of....December....A. D....1913, was... ..possessed of a certain parcel of land, with the appurtenances thereto belonging, lying in the County of....Cook....aforesaid, to wit, Lot....Three (3).........., Block....Six (6), Parker's Subdivision....to the....City....of....Evanston, Illinois...., tenements which the....defendant claims....in fee: And the....plaintiff....being so thereof possessed, the....defendant.... afterwards, to wit, on the.....fourth.....day of.....December.....A. D. ....1913...., entered into the said tenements, and now unlawfully....withholds... ....from the....plaintiff....the possession thereof; to the damage of the....plaintiff....in the sum of....Two Thousand ($2,000.00).... Dollars, and therefore....he brings his....suit. TUCKER ALLEN. 156. Complaint in Forcible Detainer. (For heading see No. 144.) ....Oscar Henson, plaintiff....by....Henry Ward, his attorney, complains....of....Frank Wagner, defendant....of a plea of forcible entry and detainer: FOR THAT WHEREAS, Heretofore, to wit, on the....first....day of ....September....... A. D....1912...., the....defendant....entered upon the following described premises of the....plaintiff...., to wit, Lot....Five (5)....Block....Six (6) Parker's Addition....to the....City....of `....Evanston...., in the County of....Cook....and State of....Illinois...., under and by virtue of a certain lease executed by the....plaintiff....to the....defendant...., bearing date the....first....day of....September...., A. D....1912...., and expiring the....thirty-first....day of ....August. A. D....1914.... And the....defendant's....right to the possession of the said above described premises by virtue of the lease aforesaid has expired, and the ....plaintiff is....entitled to the possession of the said premises. And the....plaintiff avers....that the....defendant, Frank Wagner.... unlawfully....withholds....possession of the said premises, although demand therefor has been made by the....plaintiff....as provided by law. Wherefore the....plaintiff says....that....he is.... injured and....he has....sustained damage in the sum of. Fifty.... ....Dollars and therefore ....he brings his....suit. ... HENRY WARD.................... NOTE. The attached form is an example of the pleadings used in the Municipal Court of Chicago. Common law forms have there been discarded and each pleading must be a plain statement of fact without any conclusions. (For heading, see No. 144.) ....Oscar Henson, plaintiff, complains....to the....Circuit....Court in the County and State aforesaid, that....he...., the said....Oscar Henson, is....entitled to the possession of the following described premises in said ...City... to-wit:....The Flat on the third floor at No. 243 W. Polk |