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AT THE OCTOBER TERM, 1919.
SAMUEL PASHLEY IRWIN,
REPORTER OF DECISIONS.
Entered according to Act of Congress, in the year 1920, by
. SAMUEL PASHLEY IRWIN, In the Office of the Librarian of Congress, at Washington.
FEB 18 1920
Pantagraph Printing and Slalionery Co.
JUSTICES OF THE SUPREME COURT
DURING THE TIME OF THESE REPORTS.
FRANK K. DUNN, CHIEF JUSTICE.
JAMES H. CARTWRIGHT,
EDWARD J. BRUNDAGE.
REPORTER OF DECISIONS,
On account of the amendment of the Compensation law in force July 1, 1919, limiting the review of judgments in compensation cases to those in which the Supreme Court shall allow a writ of error, the following rule was adopted October 27, 1919:
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 transcript of the proceedings and judgment of the trial court, with an assignment of errors written upon or attached to the transcript, and with proof of notice to the respondent. There shall be filed with such transcript the original files of the trial court. 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 said Workmen's Compensation act for the filing of said petition asking for a writ of error. If the petition is filed in vacation the respondent may file a reply within seven days after notice of the filing of the petition, and if the petition is filed at a term a reply may be filed on or before the following Tuesday. Such reply shall state briefly and concisely the points and authorities relied upon to meet or obviate the alleged errors and sustain the judgment, which reply shall constitute an appearance in the case. Twelve copies of such reply shall be filed. Oral arguments will not be heard upon such application. In case the writ shall not be granted the transcript of the record of the trial court shall be returned forthwith to the clerk of the court from which the record was brought. The application shall be docketed, “................, Petitioner, vs. ................, Respondent." If the petition shall be granted the cause shall be docketed thereafter as in cases of ordinary writs of error, the petitioner being designated as plaintiff in error, but shall retain the original number of the petition, and no additional docket fee shall be required of the petitioner. A scire facias to hear errors shall be issued in the manner provided by rule 6, returnable on the first day of the next term for all respondents who have not appeared in opposition to the petition. If the petition is granted the cause shall proceed as if pending on writ of error. Either party may file a further brief or abstract or submit the cause on the petition and abstract or reply filed by such party on the application for the writ.
TABLE OF CASES
REPORTED IN THIS VOLUME.
PAGE. Adams ads. People. (Duncan, J.).....
..... 339 Adams Express Co. ads. Hooper. (Dunn, C. J.)........... 169 Allen ads. People. (Cartwright, J.).. Appleton ads. McKaig. (Farmer, J.).....
301 Arlow ads. Liberty Foundries Co. (Stone, J.)..........
Barber ads. People ex rel. (Cartwright, J.).........
.. 538 Barth ads. Peabody Coal Co. (Duncan, J.)....
449 Barto v. Kellogg. (Cartwright, J.)............ Bauerdorf v. Woodworth. (Farmer, J.)... ........ 579 Big Muddy Coal and Iron Co. v. Industrial Com. (Stone, J.). 515 Binger ads. People. (Farmer, J.)........................... 582 Bishop v. Chicago Junction Ry. Co. (Stone, J.)............. 63 Blanchard Bro. & Lane v. Gay Co. (Duncan, J.)............ 413 Bondurant ads. Trustees of Eureka College. (Farmer, J.).... 289 Bowman v. Industrial Com. (Carter, J.).........
126 Brak ads. Weber. (Stone, J.)............
564 Bransfield ads. People. (Stone, J.)........... Brennan v. Industrial Com. (Farmer, J.)... Bullington v. Peabody Coal Co. (Carter, J.)..... Bushnell v. Cooper. (Thompson, J.)........
Campbell ads. Linn. (Thompson, J.)........
347 Carter ads. Elmore. (Cartwright, J.)...................... 560 Chicago & Alton Ry. ads. People ex rel. (Thompson, J.)..... 282