666 OTTAWA, APRIL TERM, 1859. Coon v. Mason County. REUBEN COON, Plaintiff in Error, v. MASON COUNTY, Defendant in Error. ERROR TO MASON. The decision of the Circuit Court under the 38th section of the Road Law in the Revised Statutes, is final. THE County Court of Mason county ordered a road to be opened, and refused to allow the plaintiff in error any damages for crossing his land; from that decision he appealed to the Circuit Court, which affirmed the order of the County Court. The plaintiff in error then prosecuted his writ of error in this court. The defendant in error moved to dismiss the cause from this court because the decision of the Circuit Court was final. JAMES ROBERTS, for Plaintiff in Error. LYMAN LACEY, and GOUDY & WAITE, for Defendant in Error. Per Curiam. This proceeding was under the thirty-eighth section of the chapter entitled "Roads," (Rev. Laws, 1845, Sec. 38,) which provides that the decision of the Circuit Court. shall be final. We are of the opinion that the legislature intended to prohibit the prosecution of a writ of error as well as an appeal. The point made on this motion, was not considered by this court, in the cases of Hutchins v. De Witt County, 1 Gilm. R. 345, and The County of Sangamon v. Brown et al., 13 Ill. R. 207. The motion is sustained. Motion sustained. INDEX. ABATEMENT. SEE PLEADING. ACCEPTOR-ASSIGNOR-ASSIGNEE. 1. The acceptor of an accommodation or other bill of exchange, is the principal 2. The acceptor of a bill and the drawer of a note are the principals, the indorsers 3. Neglect to bring suit against the drawer of an accommodation bill, on request 4. An accommodation acceptor of a bill, cannot set up as a defense, that he never ACKNOWLEDGMENT OF DEEDS. A certificate of acknowledgment to pass the title of the land of a married woman, ACTION. 1. If a justice of the peace acts corruptly, an action will lie against him. Gar- 2. An executor, authorized to lease premises, who has no estate in the premises, 3. An executor may maintain an action upon covenants in the lease, against com- 4. In an action of covenant on a lease to recover damages for failure to surrender 5. A party who makes a special deposit of uncurrent bills with a banker, and 6. A party who engages to labor for another for a specified time, cannot recover 7. That he is called upon to do severe, or unpleasant labor, does not excuse him 8. The obligee in an attachment bond may recover the damages he has actually 9. The plaintiff in an attachment, cannot excuse himself, because he has acted in 10. If the complainant to a bill upon which an injunction has been granted, is 11. Where a note is given, payable within three years from date, with interest 5, 6, 7. CONTRACT. EJECTMENT. INDORSER ADMINISTRATOR. TRESPASS. 1. A party bringing suit against an administrator or executor, is entitled to a 2. The judgment is to be satisfied in due course of administration of the estate 3. If instead of suing, the party having a claim against the estate, is sued by the 4. To recover costs in an action against an executor or administrator, there should 5. A court of general jurisdiction will be presumed to have acted upon the neces- 6. If an administrator is sued before the expiration of the year, he can plead the 7. Execution should not be awarded against administrators. Ibid. 249. 8. If land is sold on execution, in the lifetime of the defendant, but after his death 253. 9. To divest the heirs, they must have notice of some proceeding against them, for 10. The revival of a judgment against the administrator, does not create such a See EXECUTORS. ADVERSE POSSESSION. See POSSESSION OF LAND. AFFIDAVIT. 1. An affidavit before a notary of another State, if he certifies that he is author- 2. Affidavits may be read or proof heard, to show that words have been improp- AGENT. An agent, acting under power of attorney, is a competent witness to prove that AGREEMENTS. See CONTRACT. ALIMONY. 1. Alimony will be granted in proportion to the wants of the party asking it, and 2. An allowance for alimony may be increased or diminished. Ibid. 425. AMENDMENT. An amendment of the summons by making the amount claimed by it, correspond APPEALS. The dismissal of an appeal is equivalent to an affirmance of the judgment. Suth- See BOND. PLEADING. ARBITRATION-AWARD. 1. Unless the submission requires it, it is not necessary that an award should be pub- 2. The terms and directions of the submission, should control the arbitrators. 3. It is not error to refuse to let one of the arbitrators testify, that he did not in- ASSESSMENTS. 1. A judgment for an assessment against lots or lands within a city, should be 3. Before a court can render judgment for an assessment, the amount assessed 4. The law raises a presumption in favor of the regularity of all proceedings levy- 5. An additional notice to parties interested, is not required, where an assessment 563. 6. In making assessments for public improvements, in the city of Chicago, the 7. The Common Pleas Court, has the same authority to continue a case for 8. In showing an assessment, there must be something to indicate clearly what the See CITY OF CHICAGO. ASSIGNMENT FOR BENEFIT OF CREDITORS. The mere assent of a creditor that his debtor may make an assignment for the ATTACHMENT. 1. An affidavit before a notary of another State, if he certify that he is authorized 2. Corporations are included in the word "person" in the attachment law. Ibid. 9. 455. 4. The plaintiff in an attachment, cannot excuse himself, because he has acted in ATTORNEY AND CLIENT. See FEES. BANKS AND BANKING. 1. The cancellation of a check upon, and its retention by a bank, is evidence of its 2. A party who makes a special deposit of uncurrent bills with a banker, and after- BARGAIN AND SALE. 1. A party who purchases personal property of a mortgagor, for a good considera- 2. If such property is afterwards loaned to the vendor for a temporary purpose, or 3. To impeach the sale of personal property, it is necessary to show that both 4. A chattel mortgage designed to delay and hinder creditors, will not affect an |