of  the  State*s  attorney,  issue  subpoenas  for  witne^tses  to  app<>ar  before
the  grand  jury  at  the  ensuing  term  of  court.     O'Hair  v.  The  People,

277

7.  An  appeal  to  the  Circuit  Court  from  an  order  entered  by  the
County  Court,  on  petition  of  an  administratrix  to  sell  real  estate,  may
be  granted  at  any  time  during  the  term.  The  time  for  appeal  is  not
limited  to  twenty  days.    Lewis  v.  Flowree,  314

8.  This  court  will  not  reverse  a  judgment  merely  for  the  purpose  of
permitting  the  recovery  of  nominal  damages.  Meyer  v.  Hense,  Goodell
dt  Co,,  a28

9.  This  court  will  not  interfere  with  the  judgment  of  the  trial  court
where  the  bill  of  exceptions  fails  to  show  a  motion  for  a  new  trial
made,  or  exception  to  the  judgment  entered.     Griffith  v.  Welsh,    396

10.  It  is  not  error  for  the  jury  to  fail  to  find  and  return  in  their  ver-
dict under  what  count  of  the  declaration  they  find  a  defendant  guilty.
C.  dt  A,  R.  R.  Co.,  ▼.  Elmore,  418

11.  A  request  to  find,  in  trial  without  a  jury,  that  certain  facts,  if
found  to  exist,  would  constitute  such  a  fraudulent  concealment  as  would
prevent  the  statute  of  limitations  commencing  to  run,  should  be  refused,
it  being  a  question  of  fact,  not  of  law.     O^Bannon  v.  Vigus,  47J

12.  Requests  to  find,  should  present  propositions  of  law  only,  and
in  no  ca^  assume  the  fxistence  of  any  fact  in  dispute.  Such  proposi-
tions should  deal  with  the  facts  claimed  only  as  hypothetical,  and  should
state  no  fact  even  bypothetically,  unless  there  is  evidence  tending  to
prove  it.    Id,,  473

13.  When  the  court  is  asked  to  hold  a  proposition  of  law,  based
upon  a  hypothetical  case,  it  should  be  correctly  and  completely  stated.
