Collins v. Friend, 207 Ill. App. 241 (1917)

July 19, 1917 · Illinois Appellate Court · Gen. No. 23,130; Gen. No. 23,131; Gen. Nos. 23,132, 23,133; Gen. No. 23,134; Gen. No. 23,136
207 Ill. App. 241

Michael J. Collins et al., Appellants, v. Henry Friend, Appellee. Same v. R. C. Jenkinson et al., Appellees. Same v. Louis M. Stumer et al., Appellees. Same v. Ava W. Farwell et al., Appellees. Same v. A. Bishop & Company, Appellees.

Gen. No. 23,130.

(Not to be reported in full.)

Gen. No. 23,131.

(Not to be reported in full.)

Gen. Nos. 23,132, 23,133.

(Not to be reported in full.)

Gen. No. 23,134.

(Not to be reported in full.)

Gen. No. 23,136.

(Not to be reported in full.)

Appeals from the Circuit Court of Cook county; the Hon. Frederick A. Smith, Judge, presiding. Heard in the Branch Appellate Court at the March term, 1917.

Affirmed.

Opinion filed July 19, 1917.

Certiorari denied by Supreme Court (making opinion final).

*242Abstract of the Decision.

Landlord and tenant, § 291 * — when motion to compel defendants in appraisement proceedings to pay into court amounts admitted to he due is proper. Where the object of a bill is to modify or' set aside appraisements of the value of the property as a basis for rent made under the provisions of a lease, and not to recover rent due, a motion by complainants to require defendants to pay into court the amounts admitted by the respective owners to be due under the appraisements as made, and which the complainants had previously refused to accept, is proper.

Statement of the Case.

Bill by Michael J. Collins and others, as and comprising the Board of Education of the City of Chicago, complainants, against Henry Friend, defendant, to modify or set aside appraisements of land made under the provisions of a lease. This case was consolidated with the similar cases against R. C. Jenkinson and others, Gen. No. 23,131; Louis M. Stumer and others, Gen. Nos. 23,132, 23,133; Ava W. Farwell and others, Gen. No. 23,134; and A. Bishop & Company, Gen. No. 23,136. From a judgment for defendants, complainants appeal. The decision in this case is governed by Collins v. McVickers Theater Co., Gen. No. 22,582, ante, p. 240.

Angus Roy Shannon, for appellants; Chauncey M. Mular and John E. Foster, of counsel.

Donald L. Morrill, for appellee.

Mr. Justice McDonald

delivered the opinion of the court.