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INDEX.

ABSTRACTS OF TITLE.-See REGISTRATION OF TITLE.

ACCOUNTING.

PAGE.
when the costs of accounting before the master will be as-
sumed to be legitimate.....

544
co-partners not required to account for interest on their
share of the capital in case of loss.

544

ACTIONS AND DEFENSES.

when the Statute of Frauds is no defense to suit for spe-
cific performance

278
when public property is not exempt from the Statute of
Limitations .

133
when affidavit of merits states a defense to cause of action
on a guaranty......

431
laches is not so readily imputed to members of same fam-
ily as to strangers.....

467
when doctrine of an election of remedies does not apply.. 526
when judgment under Federal Employers' Liability act is

no bar to suit under State law for the same injury....
title acquired by adverse possession is available for attack
as well as for defense....

620
an entry need not be made with actual force to constitute
forcible entry and detainer....

620

526

AGENCY.--See PRINCIPAL AND AGENT.

APPEALS AND ERRORS.

the accused in a criminal case cannot complain of error in

his favor-error which is not prejudicial is not ground

for reversal
when court will not give effect to presumption that error

was prejudicial in a criminal case.

II

II

12

APPEALS AND ERRORS.—Continued.

PAGE.
when giving of instructions may be questioned without set-

ting out all the evidence in record...
what error is prejudicial regardless of the state of proof.. 32
when Supreme Court will not review trial court's action in
refusing instructions in criminal case.....

34
for the purpose of review the accused should except to

demonstrations by spectators at the trial and procure
statement in a bill of exceptions....

34
Supreme Court will dispose of case according to law then

existing where the statute on which the suit is based has
been changed....

..158, 97
when an indemnity company is liable for interest on judg-
ment appealed from..

103
right of a foreign corporation to do business in Illinois is
not a franchise.....

I13
what necessary to give Supreme Court jurisdiction because
the State is interested......

.... 113
point cannot be raised for first time in Supreme Court... 117
when freehold is involved in a suit to enjoin obstruction
of highway ...

... 132
when Supreme Court will not review former decision on
second appeal in an ejectment suit.....

206
decree fixing interests of parties in partition suit cannot be

questioned on appeal from subsequent decree of sale.... 215
when no appeal can be taken from an order of court refus-
ing to set aside judgment by default.......

263
no appeal is allowed from judgment under section 84 of
Local Improvement act...

268
what is not a final judgment.

298
when constitutional question is presented though not raised
in the trial court.....

300
Supreme Court will not entertain motion to dismiss cause

for insufficiency of abstract-when validity of ordinance
is not involved in appeal.....

310
a bill to foreclose mortgage does not involve freehold. ... 384
when question cannot be presented to the Supreme Court

although motion was made before the master..... 393
when parties are bound by decision of Supreme Court.... 421
when an alleged error in amending the record will not be

considered ...
when costs of an accounting before the master will be as-
sumed in Supreme Court to be legitimate......

544
Supreme Court will not interfere where evidence in pro-

ceeding to organize drainage district is conflicting as to
benefits and verdict is within range of testimony....... 568

486

PAGE.

ARBITRATION.

conditions to be observed by arbitrators are determined by

agreement between parties to the controversy......... 590
presumption is in favor of validity of award-when party

cannot object to award because another was not made a
party to arbitration proceeding...

· 590

ASSAULT.

when insertion of wrong name in indictment cannot be pre-
sumed a clerical error...

· 300
intent is gravamen of crime of assault with deadly weapon. 300
allegation of an assault upon one with intent to inflict bod-
ily injury upon another is not sufficient...

300

ASSIGNMENTS.

when assignment of personal property will be set aside. ... 292

33

BANKS.

what evidence tends to show that officers of bank accepted

worthless securities ...
carbon copies of letters of bank, constituting part of bank's

records in the hands of a receiver, are admissible as

original records ...
books of bank are admissible on trial of officer of a bank

on a charge of conspiracy...

33

34

BILLS AND NOTES.

the opinion of a witness that notes are uncollectible is not

admissible . .

116

BILLS OF EXCEPTIONS.

election contest is regarded as a chancery proceeding—sec-

tion 81 of the Practice act does not apply to ordinary
chancery suits .....

27
accused should except to demonstrations by spectators dur-

ing the trial and procure statement in bill of exceptions. 34

BILLS OF PARTICULARS.-See PLEADING,

BONDS.

secretary of bureau of labor statistics is authorized to re-

ceive license fees for private employment agencies..... 345
State not bound by representations of an employee in ap-
plication for bond...

345
effect of knowledge by the State that an employee is min-
gling public funds with his own.

345

PAGE.

BONDS.-Continued.

whether sum is a penalty or liquidated damages depends
largely upon circumstances of each case....

510
bond and lease should be construed together—when sum
specified will be treated as a penalty....

510

BOUNDARIES.

an owner platting a subdivision to a city may locate lot

lines where he sees fit—when files of another suit are
not admissible

187

BROKERS.

liability of principal cannot be determined in suit among

brokers to which principal is not a party...

590

BURDEN OF PROOF.

when burden is on complainant in specific performance to

prove contract was made on behalf of defendant corpo-
ration by one having authority to do so.....

263
burden is on State to prove inland lake is navigable in a
state of nature.....

393
when burden is on petitioner for condemnation to prove
necessity therefor

639

CARRIERS.

when an employee of carrier is not engaged in inter-State
commerce

342
not all the employees of an inter-State carrier are engaged
in inter-State commerce.

342
Workmen's Compensation act does not apply if injury was
received in inter-State commerce....

342
when employer is estopped from contending that injured
employee was engaged in inter-State commerce.......

526
what determines whether employee of carrier is engaged
in inter-State commerce.

527

24

CASES CONTROLLED BY OTHERS.-See FORMER CASES.

People v. Highway Comrs. 279 III. 542, controls the deci-

sion in Same v. Samle...
Brummel v. Glos, 278 Ill. 552, controls certain questions in
Same v. Same ...

213
East Side Levee Dist. v. E. St. L. & C. Ry. 279 Ill. 123,

Same v. M. & 0. R. R. Co. id. 319, and Same v. E. St. L.,
C. & W. Ry. Co. id. 362, control the decision in Same v.
St. L., I. N. & S. Ry. Co......

222

CASES CONTROLLED BY OTHERS.—Continued. PAGE.

People v. Madison, (ante, p. 96,) People v. Fifer, (p. 506,)

and People v. Stitt, (p. 553,) control the decision in Peo-
ple v. Howell...

477

CITIES.-See MUNICIPAL CORPORATIONS.

CLOUD ON TITLE.

complainant in bill to remove tax deed as cloud on title

must prove possession or that property is unoccupied. ... 130
when presumption of possession in favor of holder of legal
title will not be given effect...

130

COLLATERAL ATTACK.-See JURISDICTION.

CONFIDENCE GAME.

when verdict sufficiently complies with statute as to find-
ing the age of defendant....

610

CONSPIRACY.

what evidence tends to show that the officers of a bank ac-
cepted worthless securities....

33
books of bank are adinissible on trial of officer of bank on
a charge of conspiracy....

34
when it is not material whether money or check was ob-

tained-what is sufficient proof of corporate existence.. 486

96

CONSTITUTIONAL LAW.

the act of 1915, regulating the practice of optometry, is
unconstitutional

18
right of a citizen to pursue any lawful avocation cannot be

restricted except by proper exercise of police power.... 18
section 29 of Workmen's Compensation act is not invalid.. 77
the legislature may authorize organization of high school

district without any petition or vote....
when curative statute may be enacted—when a curative act

is not a local or special law...
curative act of 1917, validating organization of high school

districts, is a valid law..... .....553, 506, 472, 158, 96
legislature cannot direct what judgment shall be entered
in pending actions.

96
section 117 of the County Court act, regarding prosecu-
tions by information, is unconstitutional.....

160
section 22 of l'ees and Salaries act is constitutional. 243
statute providing punishment for being intoxicated in or
about railroad station is valid...

259

96

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