and reoeivar giving bonda in accordance with the statute, Stvoam-VhX*
It is insisted for the defendant, the Ju<l4':fflent
debtor, Ti^o brings tha oasa here for review, that the bill of
eoiBplaint is not properly verified. The bill is verified by
the complainant himself and also by his agent, and while tha
verification of ooaplainant aaans to have been attached to
tha bill, in oofflplianea with an order of court, after it
waa filed, we think the bill was sufficiently verified.
/ &r«££ . hb
.tc^^^ .n ;.^vj-AHr>
B
f>. '^ r ■•^-
#«oi»a« #0 /nii'rt ii<i,iiiMriiirinLi>i
*iuitf pii«»q<3tq XiMjQ««t»^ «1«*1C»0 ^o h.nm ,fj^ ,
!• Xiirf 90. .rax -xQl e^d e,,,^ ^j^ a^iniid o a^ ,:.....:
tdi •fi/hr fan. , ^ li,«:.ii< ia*ni«X«it:c.
*i isiaa ,i7ut>o ^o «5io nfl jl4iw oort«i Cq^ioo ni
.Dtl-ii-MT xX*a»Xoillii» Bjiw Hid 9tU ini'ii ow ,fc«x
Th« point i» aad« Xtxmt th« bill was unaignttd
at the tim« it was Tsrified by tJa.e agent, anu also whsa
Tsrifisd by ooAplainant, Bo objeotion was mads In ths
trial court, so far as ths abstraot of rsoord snows, elthsr
by filing a dsaurrsr or otlierwiss, tc the sufficiency of ths
bill sf eoaplaint. The signs turs of ooaplainant appears on
ths bill, and sxosi ting ths ordsr referrsd to, nothing is
shown as to when ths bill was in fact signed. Answsrs wers
filed by the defendants and later on October 2, 1917, ths
court appointed a receiTsr for all of the defendant's, Oscar
Brodfuehrer*s, property except such as was sxs«pt by lav.
It is asasrted that ths receiver should not
haTS been appointed for the reason that ths answer filsd by
defendant definitely denied all the material allegations of
fact of ths bill, and it is insisted, on the authority of
aalsbury t, ware, 163 111. 505, that the bill should bs dis-
missed for the reason that the sworn denial of defendants in
thsir answer rendered ths court powerless to appoint a rs-
osiYsr. Ws do not think that ths case referred to is an
authority in fawor of the contention of defendant. That
case mersly indioates ths amount of proof necessary to over-
oems a sworn answsr where ths answer is offered as proof
upon a full hearing of the cause. Ths bill before us is a
orediter's bill end it seeks a discorsry of the assets and
property owned by one of the defendants.
^" Gftg« ▼. Smith St al . , 79 111. 219, it was
hsld that in oases of creditors* bills, where the existence
of a Judgment against a debtor and the return of execution
unsatisfisd ars alleged, and it is also alleged, on infonoa-
tiOB and belief, that the defendant has property, exclusivs
a «>£!<'
«»Jliti.8 ,«V9il« b'tOtHi
»d? .■■'■■'.'
-«
'. ' Tf^'X^i-JirjOOT^i
V ijL,j -J .«<;
(«I (lt»l-<.
'.&
•f all prior olaixas* waioii. complainant i« unable to reach by
•xaoution* an injunction would issue an4 a reoelver be ap*
pointed aliuost ae a matter of course.
The charge aade in the bill is that the defendant
and his wife are concealing assets belonging to the defendant.
The receiver is authorixed« under the order of appointment,
to take pOBsesaion of suoh assets of the defendant only as
are not subject to exemption. The order appointing the re-
ceiver was interlocutory and he is vested with authority to
preserve whatever property may come into his possession as
suoh reoeiver, pending a final determination of the issues
by the master to whoa the cause was referred, and by the
court.
The order directing the appointiaent of a receiver
required the giving of a bond by the reoeiver as well as by
the complainant. The abstract of reoord shows that a bond
given by the receiver was approved on ootober 3, 1917, and
that the bond of couiplainant was approved October ^, 1917.
There is no means of determining froot the abstract when tho
abOTO bonds were filed. The subsequent approval of the bond
glTon by complainant did not vitiate the appointment of the
reoeiver. The appointment was to be effective only by eom-
pliance with the order which required the filing of a bond
by the receiver as well as by complainant. Both bonds having
boon given in compliance with tho order of court, the right
of the receiTor to set as suoh became, thereby, complete.
The interlocutory order of the superior Court
of Ootober 2, 1917, is affirmed.
ORian Arriwam,
* •*** »^ *d«i^iT :toa tub ^iHiaUt.%»Q9 t<»' «•▼!»
tti^ii «iii ^t^uo
iT3*l«C
es - 2S997
APJ^?.^L HkOK KUSIC IPAL
0<yURT 0? CHICAGO.
JULIUii OtlSNBj^l^ieE, do lag business ,
as J. OppsjoheliAiiir and q/bmj^nny.
Appall 1
211 I.A. 39^
MR* XWWICX T3I!VER jai.IVFRKD TBI 0PI5I0S OF THT: COl/RT.
Ilaintlff brought suit end obtained judfrm^nt for
#409,06 in the ]Kunlclp»l ooart agninst the defendant for rent
for the use of preoilsss In Chicago fron ^)eoember 29, I^'IS, to
February 29, 1916, defendant appeals the cause to this court.
The d<?fendant took possesslan of the proioises ob
Seoernber 29, 1914, under a lease for a teriD ending April 29,
1915. He held orer as tenant under the lease for two 4*month
teras, tl'te last of nhich ended December 29, ldl5. The lessor
under the orlKinal lease vas one T);d«ard iv'Arhoefer.
The principal matter in di sputa between the par-
ties is as to viiether the defendant wsui a lessee of the
premises subsequent to Beo<»tiber 29, 1915, it is a much dis*
pated question of fact wnether the defendant had abandoned
the premises prior to Decea&ber 29, 1915. It is conceded that
eertain articles wniofii had been in the possession of defendant
were in the premises after that date. The defendant *8 conten-
tion is that the articles left in the premises were not of
great ralue, that they were not owned by hi» but were the prop<
erty of persons rdio had loaned them to him. .fe think that hla
possession of the articles referred to, at and prior to :De-
e«isber 29, 1915, r-Tan though he had no legal title thereto,
gare hiio «uca control and proprietary interest therein as
aade it h.ia ri^^^t, and pemaps his duty, to preserTO this
property, and his occupation of the premises in question for
this purpose aust be held to be a use of the prvuises for his
V99Z& - 03
.Wt«
. Ofc/
■J t. i^ v»
fes
*<
5 TiL^t friTSC: .
I « i-f » (^ '
.otq
1»enefit,
Ther* it, howeTor, a controlling tixot shown by
the eTldeno* utilch leaY«t the question of dof«nd«nt's rela-
tion to the premieea in question after JJeoamber 29. 1915,
without much doubt. The evidence tends tc pruYe that de-
fendant attempted to rent the premises to Wolffs isroe, prior
to I)«c«mber 29, 1915. It satisfactorily appears that he did
in fsot sublet the premises to then after that date and that
he received as rental therefor the sum of #400, The defendant
attempted tc taVe the position on the trial that the person
who made out the receipt for this payaaent, one jfager, a clerk
toiployed by defendant, had no authority to do so. The defend-
ant admits, however, that he tooic the oheei^ for $400,00 and
deposited it to hie account, although at the trial he was
unable to tell <my or on what account he received this monay.
and hs testified: "I took it because h« handed it tc me; that
is all there is to it."
A point is made that error was oosimitted by
reason of the ruling of the trial Judge excluding a deed
which it la claimed would show a transfer of the title in
fee to the premisee to Jacob ^/olffa, a ee.ber of the firm
»f Wolffs Bros, This partnership consisted of three mem-
bers. Neither Jncob Wolffs nor the firm of Wolffs Bros,
make any claim at all to any Interest or ri^t accniing to
them, or «*ither of them, under this deed, 3o fntr as this
record is concerned, there can be nc question made by the
defendant here as to the riglit of the lessor and his as-
aiii^ns tc the rents accruing under ths lease. The defend-
ant's contention is tnat he surrendered the premises to ths
•wner of the fee. These is no merit at all in tnis conten-
tiQB, As a matter of fact the great preponderance of the
•vidence shows that the defendant at no tims attempted to
«^i;l9tt»if
t* aw«iJ» *o«l s«itX«t^n»t; © ^Mvawofi ,aj|t »t«iiT
^^idH-Hi^ii ,4a iio^
.J3x« •«XoV l<t mn^iU tort emov; doo>>i, ««<« : .,cf
«e« al4 JblM Tp«6v>X s.^;f 10 iu^i.'
surrender poasession of the preialeee to Jacob Wolffs or to
Wolffs Bros. The eyldence is praotioally oonclusire that
he dealt with them and recognised them as his subtenants,
Utoder the circuiuatances we think the trial court was right
in excluding the deed* There is no force in the argument
that the firm of Wolffs Bros, may hare acquired an interest
in the premises in question as owners through the deed to
Jacob Wolffs, their assumed trustee. A member of this fim
testified in the l^uniolpal court that the firm was a sub- .
tenant of the defendant.
Thr plaintiff is entitled to interest on his
claim. As we Tiew the record, the defendant's position is
untenable both in law and in fact. The delay in paying the
rent was» to say the least, Yexatious. The case involves
more than the xoatter of mere delay; it was a refusal to pa|i
rent for reasons which the evidence shows were resorted to
for the sole purpose of delaying or defeating a Just and
acritorious claim.
The Judgment of the Municipal court will be
affirmed,
A79IRMSD,
a 'io i^iioMi (i»CMEl oi B9ait<n9'i(i 9t^ to ;sojt«B»«Boq Y96a9?ttfs
u.Jiii saw &XUOO
iSXil^O;
aaiiiis:
:'»t'-'t:3i:«>;
haa ,fQi
•rf Xliw iti/oa r-7,i.
.rcrsjHi^iA
■tti».rn
.: r^e
▼«. \
AlflFRT MILLER an^ a, J?.
KlLLFIl. ocpartne]^, doing
business as Alberi l iller
A company, \
AppellWit.
97 - 24013
GSORGE HUT702I,.
A^'psllee*
\ ) AitEAL FROM ii-USlCliAL
; / COUKT OF CHICAGO,
\y 211I.A. 3 99
Uiu JUiiTiCK mrm imLxrssasD this oi*i»iok o? tee cout^t.
This ia i»n app9«l frcm a Judfrracnt of the Ixinicl-
pal court of Chicago in faYor of plaintiff* GeorR© hutton,
for the sum of $198,73,
The •Tidanos introduced en the trial tends to
proTS that the plaintiff, a resident of XlJchorn, jTlaoonsin*
in ^oveluber, im5, througn Jais accent, R. J. itOCabe, who was a
bretaer*in-law of plaintiff, ehipped two carloads of uay to
defendants, who were engaged in a coituuission business ia
Chicago as Albert killer k Coapany, R« J. lioCabe had two
bills of lading made out for the shipment, in vhiox^ the naae
of the plaintiff appeared as the shipper of the hay. At the
time of this transaction Andrew iicCabe, a brotlier of R. J,
MoCabe, was conducting a hay brokerage business in £lkhorn,
and he for so«e tine had had business relations with defend-
ant. It. J, ieCabe deliTered the bills of lading to Andrew
If^eCabe with the request that they be sent to defendants. On
Horember 24th Andrew ^^ocabe sent the bills of lading to do*
f endants and at the saae tiae sent them the following letter;
"Klkhoru, Wis,, 11-24-15.
Albert Killer t Co.
Sirs:
Car 74470 sent tc you. Also car 103533. Call your
attention to car 74470. This car is a very fine car of
hay. All except about tiiree tons at doors. Doors are
bleached so sell ti:;08e out etnd then sell the bPlanoe of
car. It is good Ho, 1 Timothy hay. This has a sprinklo
\
CAv^^-in - Ttf
1 Ji^
â– ri-i
« car
rot
i rirf
«dJ rf** nffji3 btta ^\;i »..
of oloT»r. loor hay at doora of this oar also. 3o get
intc those oars. All we vrant is to get a fair ct«ial .
Andrew icccabe.**
Ca Vovember 2€, 1916, defendants acknowledged
receipt of the bills of lading and also of the hay, Fol*
lowiDfT this transaction Andrew iiicCabe sent other hay to de»
fendants and drew drafts on theoi, which were honored, cn
December 15, 191&, the defendants, in a statMnent of ac-
count to Andrew voCabe, attea^ted tr give him credit for
the asiount received by tiiexB on account of -.; srle of the hay
in question, and on Dacesiber 17th Andrew icCaba sent the
following letter to defendants:
•lilkhom, tfis, 12-3 7-1 yi5.
Albert Miller & Co,
Sirs:
I enclose you draft and account on cars. You will
notice that cars 74470 and oar 105533 waa aLipped to
you by Ceorge Huttcn, So I have notiilng tc do with
those two cars of hay. Send returns to George Hutton,
Klkhom, Wis.
Yours ,
Andrew McCabe.
t, 3, That balance due you will be made on some of my
â– hipaents.''
Zt is insisted on b«Sxalf of the defendants that
they had no knowledge at the time they received and scld the
two carloads of hay that they irere dealing with any person
other than Andrew l/cCabe. It appears U;pon the face of tha
bills of le-ding which they received frcm him that the plain-
tiff, George Hutton, was the shiiper cf the (;ocds in ques-
tion. Andrew Ji^cCCibe had dene bueineeo with defendants
both before and ufter the transaction in question, and they
knew that he acted generally as Ibhe agent for farriers who
through uia had shipi^ed hay to Chicago. It is not denied
that the hay in question waa owned and was in fact shipped
by the plaintiff. The evidence shews that Andrew VcCabe
acted iii ti.e xaatter at the sufegestion of ... .. â– cCabe and
not by the express request of the plaintiff.
*^1 •€ ., ^ ^^
P 5 ■*. * ' . a;* ^4 -^ "* a f. ;*^ **■«L >!. •
.•ail •i»i- '-t-^ t*«ai ao iiiBtfe v»trfc » -
l*»9ii»p aJt
fXt-
>nA i»!<.'t (f^fyfs ^orrst!
•i yJUt »iw ./ijiii
■iiij Y"" Jv»«
Y« do not think this eai« ec»«t withia the prin-
elplos oontendod for \>y oountol for defendants, ^indor tho facti
shown ^y th« rooord hero it ennnot be sAid tJbot Futton eithor
'Intentionally or negligently oeused or permitted hio agents
to bold themsclToo out n* the o^mers of the property," R, J,
ILoCabe* iribiO was In fact the agent of the plaintiff, had ths
billB of lading Bade out showing the shipper* s naae therein.
His delivery of these bills to his brother with Inatruotions
to transmit thsm to defendant did not glTS Andrew koCabs suoh
Indicia of ownership to the property In question as would au*
thorlse tr^e defendants to oredlt his account with the sua re-
eelved from the sale of the hay.
In the Instant case it does not appear that ths
money recelTed from the sale of the hay was actually delivered
to Andrew kcCabe. An att«Dpt wae Bif<de to oredlt him with this
ajxtount and he proiaptly informed defendants of their wrrer and
called their attention to the fact that the hay was in faot
the property of plaintiff.
In ths ease of .l^-yer s v. Johnson County Savings
Bank , 64 111. Arp. 168, a case in icaterial respects similar to
the Instant ease. It was said:
"It did not matter how the accounts were |:ept«
if frcfli the real circ-Bistances a condition existed that
st&uped the transaction as one different from that whloh
the account, as kept, laight possibly be said to indicate.
The real fact in such a case, «hen, us in ti;ls case, clearly
proved, will control and prevail over the other theory,
whio/i the manner of keeping the accounts aight tend to sus-
tain, « « *
"But the only reasonable conclusion frota the evi-
dence, 'ffhlch can be arrived at un ier the Ipw, ie that ths
hogs w«re the property of tlie appellee froaa ths moment of
thalr purchase to that of their s»le. And that beinfe so,
the law will forbid appellants, into whoae possession^ths
hogs came, although they bore the outward semblRnce of be-
ing K1,] iott'e proporty, from appropriating them upon a pre-
existing inJebtednesB of Plliott to them, * « «
"The appellants parted with nothing on their faith
and belief that the property belonged to KUiott, excepting
the freight and charges paid by them and their own aervicts,
and for all which they were reimbursed, «s they properly weae
entitled to be, by deducting the same from ths gross receipts
for wiiloh they sold the he$t».*
"mirq 9tit nimsk^ kaoioo 99»^ oidt :iattii iA« oJO 9*:
• '-•
:i(/09 vcT not boi^Aaliaoa s»X.iitt
ilXf 9it4r
9ljU ^$iw aid 9t}i«>t9 ttt »{)«» nam iqie^tj. tbak Qi
*o«1t ai tutrc t«* Stfi* *«riJ^ *o»T: «ai 04 ?i9iin?»**a rlrft^J ftollwo
9 ill
,*c?
1^1«d£&
Si|l rt9J:««if»360q
••a lo 95«aicra»
>.:i}b
And it may be said here* no In the By er a oaa«,
Bupra , that the defendnnta had not In fact parted with any->
thing of value because of their nllegad b«>li«f tixat the hay
in question was the property of Andrew koCabe. Aa againat
Rutton, the plaintiff, the defendants were, of course, en-
titled to their eoimniseions and proper ohnrgee in connection
with the aale of the hay. It was their duty to pay the nat
prooeeda of tha aale to the plaintiff, the owner of the
property.
The Judft&ent of tha l:unicipal Court will be
•ff imei*
tiui »ii^
^.VJt.U al«> ;W-r«T 1« nalatl
ifefli H>B v'A
r-y-itnA Ic' ><*'«r5i,jc'rg ♦-â–
-n«* ,fliaii.
:f:::,.'fs^ - :ll^«J.*^' ..usi^rtf
mxlo<>!'j;;
i<i»l«wi«k» ti»rf-' rili
#»ii »ii.
.Y»ti *&■: !..tjk%
»d>l 1« *rft.
:)«»t»ei«|
,\'..t*t»qfot<i
««f fTi'fly .t'!«r<»0 Xjr-T'
Lcsiia-i^ ft
t^eaitil^tJl
lai • 24050
KATBBYV J. MiUUt,
Plaiatliff In Krrer,
▼••
JURTIS J. ]MKAL1» ,
Mfondiaat |;b Krror.
0? COOK COUITTY,
211 I.A.. ^00
\
■■•*
ltt« JU4tiaB nVlft WUTSMD tax etXmOH of TK£ COUHT.
CMqplAUiaat fll#4 ii9» lilll for dlvore* agranut
h»r jw|^UMa4y- fea » tii r~JT'Hre^^«)ii4S on the 4tli day of Ootobor,
1916, TM OAttoo w»o tried before o Jury And on aovetaber 16,
1917, the jury rendered « verdict in i^UeJOi it found the
ooaploinwQt net ^>:uiXty of eertaln ohnrgee aiade ngailnet her
in n eupplttsiental orose bill filed by defendant, end found
defendnnt guilty of extrwee and repeated eruelty toward
•OBplalnant and net guilty ae to eertaln other chargee mad*
agalaet him in the bill. The reeord dleoloeee that a do*
«ree had been entered In the eauee In fRTor of ootaplalnimt
•a Yenruary 10, 1916. On l^areh Jt, 1916* the court entered
aa order In the folIo«rlng fern:
<*0n motion of eolicltor for defendant, motion
to VAoate and eel aelde decree continued to March 8,
1916. •
the decree ef february 10, 1916, vae vacated
Kareh io, 1916. on NoTcraber 26, 1917, the court, on sotlea
of defendant, eet aelde the rerdlot ef the jury entered t^o*
vesiber 16, 1917, and ordered a new trial of the cauee,^,,^;;^
The comrlalBftnt, Kathryn J. iieiiale, by thia
writ of error contenda that the court vae without Juriedic*
tioa to set aside the deoree of the court entered of record
•a Vebruary lo, 1916, at the February terw of the court, in
that it appears that the order setting this decree aside
entered ef record on Karoh ac*, 1916, being the J^^ateh
« i»
o«o*« . x«r
^'râ– â– .iiVA}'
â– >'A'.
t«rm Af Uitt oeurt*
irm«rou« »utX40ritle« ar« vitmA to Uk« •rfeei
th«t tk« tri«l eouurt ^ai4 no pow«r to Ta^iftto* alter or aynond
Ito d«or««» oxeopt in m*tt«r« of form, on « motion ontvrod
m% « toxa ■ub««qu«ni to ttiAt »t which titit d«or«« was «nt«rod«
fh,9 lav an thla quostlon ia vaXX aattlad. but on th* reeord
bafora us it doaa ap(>«ar that a Aotion »aa oada alt.t*in tha
7abruary tarm to vaeata tha daor#e in queatloa, Cotmaal
for daf andaet ar«ua that If tha ardar hAd contain«d tha
aorda "mada and* ar "antarad «»d* batwaan tha worda "daoraa*
Mi4 ^eentlnuad", tha Jurisdiction of the eourt to Tseata
iha A99r** sight hava baan rat&lnad. wa do not think thara
is atueh forca in this ari;un«nt. It appears fro» an ardar af
•ourt anterad within tha tains that a motion had baaa ausAa
during tha tarm ta vaeata tha daoraa, and tha ordar vacating
tha daaraa was entarad karoh 20, 1916.
Althouish it is insisted that no motion to Taaata
tha daoraa had •ft baan antarad in tha oausa, wa think tha
raoord oonolusivaXy ahowa to tha oontrary, and whils tha
rvlsa Mf tha Superior oourt raquira that all motions net ef
ooursa ahall ba made in writing, we are justified in assum*
ing, in tha absanaa of affir^iativa proof, that tha partiaa
had oomplied with tha rulaa 9t the eourt at and before tha
time the ordar in question was entered.
The raoord shows the pendaaoy of a motion to
â–¼aoata the deorea of Varoh 2, 1916, and that this motion
was aontinaed for dlspositiaa ta l;ar«h 8, 1916. The ordar
retained the Jurlsdictloa of the oourt ever the aubjeot
matter ef the metien to the isarah term, the entry of tha
metioB upon the reoord was auffioiant netiee to all oon»
oerned that suoh ts^eticm wma pending and undispoaad of.
Bartman t. Viera , I3d ill, App. aid.
bamu
;(iA« f*'
>«ii fecr.f
^i.'ea
»CtO!.
HIU aotitMK
The o«urt did not, *a insisttd upon, atous* its
dimortiXiQ&hJty jpow«r In granilan m nf»w trial, A court of
roTlov vlll Interfcrro wiUi tht fietlra of a trial court ia
(ranting a a«« trial only in oaoeo «li«r« it appoaro that
•anifoot injttotieo has boon thorotey deno.
a^o aro unoMo to «ay from our examine t ion of
tJio oTidonoo h«ard on ttim trial that the trial court
9rT%A in anarding d«f ondant a now trial , oron if it bo ooa*
•odod tloat thia court hao tho poivor to roriov tho aotioa
of tho trial court on tho notion for a b«« trial of tho
oauao» The eauoo will bo retried and wo do net wieh to
autke any eos0»ent upon the weight of the efidenoe heard on
the trial ether than to repeat that we are unable to eay
that the ehaneeXlor erred in ordering a aev trial of the
cause. The writ of error ia diwaieoed*
A4i
A /I
22 • 235C5
]fE0IL3 OP THIf STATE OF
1LLIH0I8, \
j>efyi<lAnt in Error,/ ) KUtOH TO kUHIClPAL COURT
▼■. \ / ) OV CHICAGO.
flLL2A« O'DOITD, \ / )
Plaintillf in KnjS)r. ]
211 I.A. 402
KR. JUSTT^-^ wc^^.iKTJ.y BKLXVlFaKD THl OUNICK OF THE COUI»T.
By an infonriation filed in the Muniolpal Court
it was ciner^ed that the defendant •did ate»l, take and carry
avmy six ootton bed coaaforterB of the Talue of nine dclliirt
of the goods and chattels of,** eto. Upon arraignment the
defendant entered a ilea of not guilty; trial by Jury was
waived and the cause was submitted for determination by the
court. After the hearing of eTldence defendant was found
guilty "in manner and form as oharged in the infom^atioB
herein," Later* on motioB cf the state's attorney for final
Judf.m<»nt en the finding, it was adjudged by the court that tJss
defendant "is guilty of the criminal offense of larceny"; he
was sentenced to confinement at labor in the House of Ccrreo*
tion for one year and fined fire dollars. The cause is befors
us by writ of error for review.
The trial court innde no finding ao to the ralue of
the property alleged to have been stolen, and, as held in
leople V, Kll iaon , 185 111, App. ZBf , whenever the m<"Raure or
kind cf punisbxnent is dependent on the value of what has been
taJcen, the court or Jury, as the case may be, must find that
value as part of the verdict or finding, otiierwiae the convic-
tion cannot be sustained. A finding of guilty "in manner and
form as oharged in the information" is not sufficient to aatisfy
the requirements of the statute. The Jud(<^jBient nust therefore be
reversed and the cause remanded.
RSVXBSIS AID WOiASrmD,
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44- i«3935 / / ■C
Defendant in j&rror, j
5 KRROR TO CIROUIT OOUTtT,