#### August Lipman et al., Appellants, v. South Side Elevated Railroad Company, Appellee.

Gen. No. 22,433.

(Not to be reported in full.)

Appeal from the Circuit Court of Cook county; the Hon. Frederick A. Smith, Judge, presiding. Heard in the Branch Appellate Court at the March term, 1916.

Affirmed.

Opinion filed October 10, 1917.

Rehearing denied October 23, 1917.

Statement of the Case.

Bill by August Lipman and others, complainants, against the South Side Elevated Railroad Company, a corporation, defendant, for an accounting by defendant as to a franchise to construct and operate an elevated railroad granted by ordinance in 1888 to the Chicago & South Side Rapid Transit Railroad Company, in which complainants were stockholders, and which was sold under a mortgage foreclosure and acquired by defendant. From a decree dismissing the bill, complainants appeal.

The facts and questions presented are the same as in the cases of Chicago & S. S. Rapid Transit R. Co. v. Northern Trust Co., 90 Ill. App. 460, and Wells v. Northern Trust Co., 195 Ill. 288, and the decision in this case is governed by the decisions in such cases.

Cooney & Verhoeven, for appellants.

Isham, Lincoln & Beale, for appellee.

Mr. Justice O’Connor

delivered the opinion of the court.