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REPORTS

OF

CASES AT LAW AND IN CHANCERY

ARGUED AND DETERMINED IN THE

SUPREME COURT OF ILLINOIS.

VOLUME 298.
CONTAINING CASES IN WHICH OPINIONS WERE FILED IN JUNE, 1921,

AND CASES WHEREIN REHEARINGS WERE DENIED AT

THE JUNE AND OCTOBER TERMS, 1921.

SAMUEL PASHLEY IRWIN,

REPORTER OF DECISIONS.

BLOOMINGTON, ILL.

1921.

Entered according to Act of Congress, in the year 1921, by

SAMUEL PASHLEY IRWIN,
In the Office of the Librarian ot Congress, at Washington.

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JUSTICES OF THE SUPREME COURT

DURING THE TIME OF THESE REPORTS.

JAMES H. CARTWRIGHT, Chief JUSTICE.
CLYDE E. STONE, CHIEF JUSTICE.*
JAMES H. CARTWRIGHT, I
WILLIAM M. FARMER,
ORRIN N. CARTER, .
FRANK K. DUNN,

>JUSTICES.
WARREN W. DUNCAN,
CLYDE E. STONE,
FLOYD E. THOMPSON,

ATTORNEY GENERAL,
EDWARD J. BRUNDAGE.

REPORTER OP DECISIONS,
SAMUEL PASHLEY IRWIN.

CLERK,
CHARLES W. VAIL.

*Mr. Justice Stone became chief justice at the June term, 1921.

Court rule 39 was amended so as to require applicants for admission to the bar to be present in the Supreme Court in person when the motion is made:

RULE 39. There shall be appointed by this court a State Board of Law Examiners, to consist of five members of the bar of at least five years' standing, one from each Appellate Court district and one from the State at large, to hold, regulate, supervise and control examinations for admission to the bar and to examine and report upon applications for admission, based upon admission to the bar in another State or foreign country. Every application to this court for admission to the bar shall be made in term time, by motion in open court, based upon a report of said Board of Law Examiners, the applicant being present in person. Each examiner shall act as a member of such board for a term of three years, except under the first appointment, which shall be for a term of one year for one, two years for two and three years for the remaining two of said members, and until the appointment of their successors.

On October 22, 1921, rule 43 was amended, as follows:

RULE 43. In case application shall be made for a writ of error to review any judgment or order of court under the Workmen's Compensation act there shall be filed a petition for the writ signed by the applicant or his attorney, together with a complete transcript of the record of the trial court, with an assignment of errors written upon or attached to the transcript and with proof of notice to the respondent. The petitioner shall file with his petition an abstract of the record prepared in accordance with rules 14 and 16 of this court. The petition shall contain a concise statement of the case and of the points and authorities relied upon for the issuance of the writ. Twelve copies of such petition and abstract shall be filed with the clerk of this court within the time allowed by the Workmen's Compensation act for the filing of said petition asking for a writ of error. The respondent may file a reply on or before the second Tuesday of the term, which shall state briefly and concisely the points and authorities relied upon to meet or obviate the alleged error and sustain the judgment, and such reply shall constitute an appearance in the case.

(The remainder of the rule is unchanged. See Vol. 291.)

Rule 33, which relates to the payment of costs to the clerk, has been superseded by a statute (Laws of 1919, p. 560,) which covers the whole subject, and the rule is therefore rescinded.

TAE LE OF CAs Es

REPORTED IN THIS VOLUME.

A PAGE. Allen ads. Lipscomb. (Carter, J.).......................... 537 Aloe v. Lowe. (Dunn, J.)................................. 404 Aneshaensel ads. Bang. (Duncan, J.)...................... 292 Armstrong ads. People ear rel. (Dunn, J.)................... 228 Atkins ads. City of Dixon. (Duncan, J.)................... 494

B Bang v. Aneshaensel. (Duncan, J.)........................ 292 Beatty v. Stanley. (Farmer, J.)........................... 444 Belleville Savings Bank v. Aneshaensel. (Duncan, J.)....... 292 Benno ads. St. Louis Smelting Co. (Cartwright, J.)......... 272 Black ads. Fuller. (Farmer, J.)........................... 351 Blair ads. Jackson. (Carter, J.)................... . . . . . . . . . 605 Boetcher ads. People. (Duncan, J.)........................ 58o Boykin ads. People. (Duncan, J.)................ . . . . . . . . . . II Brach v. Matteson. (Carter, J.)........................... 387

C Campbell v. Streeter. (Cartwright, J.)..................... 332

Catello v. Chicago, Burl. & Quincy R. R. Co. (Duncan, J.)... 248 Chicago, Burl. & Quincy R. R. Co. ads. Catello. (Duncan, J.). 248 Chicago, City of, ads. Consumers Co. (Farmer, J.)......... 339 Chicago, City of, ads. Teich. (Duncan, J.)................. 498 Chicago Sav. Bank ads. Lawrence Co. (Cartwright, C. J.). 175 Childress v. Childress. (Cartwright, J.)..... . . . . . . . . . . . . . . . 185

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