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CONSTITUTIONAL LAW.-Continued.

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

PAGE.

300

when valdity of ordinance is not involved on appeal..... 310
power of the legislature to classify persons or objects-the
Chicago motor vehicle ordinance is not invalid......... 318
constitutional provision against an increase of salary dur-
ing term of office includes officers elect.....

a curative act may validate any proceeding lawful in the
first instance ...

whether law is general or special does not depend on the
number it governs-curative act of 1917, regarding high
school districts, is not a local or special law.....
curative act of 1917, regarding high school districts, does
not amend the general School law.....

436

505

... 553

554

a title need not contain all provisions of a statute-high
school curative act is not an attempt to override a judi-
cial decision ...
... 554
Reformatory act of 1891 does not violate the constitution. 610
constitution does not exclude wards of the State from re-

ligious exercises ...

613

when paying money to denominational school for care of
wards of State does not violate constitution.....

613

CONSTRUCTION.-See CONSTITUTIONAL LAW.

of section 81 of Practice act, as to when it does not apply..
section 29 of Workmen's Compensation act construed....
of will, as to when remainder is vested.....
section 36 of Evidence act construed as to power of a for-
eign commissioner

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of will, as devising a fee under section 13 of the Convey-
ances act

.....

142

of will, as to when gift will embrace children born after
the death of the testator.....

...... 152

of a partition decree, as to the words "homestead estate
in fee simple"

215

term "aliquot part" explained, as applied to resulting trusts 235
of clause in will, as amounting to an equitable conversion
of land

247

of section 84 of the Local Improvement act, as allowing no
appeal from judgment.....

268

of the Farm Drainage act, as not making filing of annual
reports by commissioners a condition precedent to levy-
ing assessment ..

303

of curative act of 1917, as not purporting to validate the
High School act of 1911....

472

CONSTRUCTION.-Continued.

of section 26 of the Railroad Incorporation act, as not per-
mitting transfer of right of way and franchise to evade
its provisions

PAGE.

495

whether sum specified in bond is penalty or liquidated dam-
ages depends largely upon circumstances of each case.. 510
lease and bond conditioned for performance of agreement
in lease should be construed together-when sum speci-
fied in bond will be treated as penalty......
intention of testator as it appears from whole will must
prevail-trust provision in will construed as referring to
issue living at time of distribution....

510

534

of section 10 of Reformatory act of 1891, as repealing sec-
tion 18 of said act.....

610

of Consolidation act of 1885, as to how railroads may con-
solidate thereunder.

639

CONTRACTS.

contract to convey must be definite and unequivocal-con-
tract cannot be proved by mere declarations of one party
not binding on the other.....

parol contract to convey will not be enforced unless clearly
established by evidence....

when burden is on complainant to prove contract was made
on behalf of the defendant corporation by one having
authority to do so....

124

263

263

complainant in specific performance must establish con-
tract by clear testimony-when Statute of Frauds is no
defense to suit for specific performance of contract..... 278
when complainant's husband is not necessary party to suit
for specific performance of contract...

278

when assignment of personal property will be set aside... 292
what proof is necessary to enforcement of parol contract-

a contract must be fair and just.

334

when contract is oppressive....

335

contract will not be rescinded merely because one party has

the advantage....

354

party desiring to rescind contract on ground of fraud must
act upon discovering the fraud....

354

question of existence of partnership, as between the par-
ties, must be determined from the circumstances..... 372
when an agreement for share of profits does not show a
partnership.

.....

372

when purchaser cannot rely upon manufacturer's guaranty
against defects to indemnify him for damages paid to a
third person

386

CONTRACTS.-Continued.

party injured by breach of contract must attempt to reduce
his damages

PAGE.

... 386

386

when a purchaser of guaranteed machinery cannot recover
indemnity. .

CORPORATIONS.

right of a foreign corporation to do business in Illinois is
not a franchise, such as gives the Supreme Court direct
appellate jurisdiction

... 113

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.....
what is sufficient proof of corporate existence in a trial
for conspiracy

263

486

certificate of the Secretary of State is prima facie evidence
of corporate existence..

486

when two corporations may be joined as defendants in
quo warranto

railroad company cannot transfer right of way and fran-
chise in evasion of section 26 of the Railroad Incorpo-
ration act-ouster

495

495

COSTS.

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

544

CO-TENANCY.

when father and child become tenants in common of land
devised...

152

COURTS. See APPEALS AND ERRORS; JURISDICTION.
section 117 of County Court act, regarding prosecutions by
information, is unconstitutional..

160

what is a sufficient statement of claim in suit for taxes... 168
a city court has jurisdiction of a suit to contest a will.... 407
court first acquiring jurisdiction will retain it..........
affidavit of defense in municipal court need only disclose
nature of defense in fourth-class actions....

CRIMINAL LAW.

421

.. 431

accused cannot complain of error in his favor,—neglect of
the accused to testify should not raise any presumption
against him.

error which is not prejudicial is not ground for reversal-
when court will not give effect to presumption that er-
ror was prejudicial...

II

II

CRIMINAL LAW.-Continued.

when giving of instructions may be questioned without set-
ting out all the evidence in record.....
what is necessary before jury can consider failure of ac-
cused to call witnesses-the accused is not required to
call any witnesses....

what error is prejudicial regardless of the state of proof-
prosecuting attorney should not comment on numerous
objections raised by accused.....

when prosecuting attorney may comment on fact that ac-
cused secured a change of venue....

motion to quash indictment after plea is filed cannot be con-
sidered unless plea is withdrawn....

whether State shall be required to furnish bill of particu-
lars rests in discretion of court...

PAGE.

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when State's attorney may be required to elect which count
will be relied on for a conviction.....

33

State's attorney is not required to fill panel of four jurors
after accused excuses a juror.....

33

what evidence tends to show that the officers of a bank ac-
cepted worthless securities-specific objection must be
made to raise the question of best evidence....
carbon copies of letters of a bank, constituting part of a
bank's records in hands of a receiver, are admissible as
original records ....

334

33

books of bank are admissible on trial of officer of a bank
on charge of conspiracy...

34

what instruction as to credibility of defendant's testimony
is erroneous-reputation, when put in issue, is properly
part of defense.....

...

34

when Supreme Court will not review trial court's action in
refusing instructions ...

34

the court should not allow session to be interrupted to take
photographs-spectators should not be allowed on ros-
trum with judge....

34

34

160

accused should except to demonstrations by spectators dur-
ing the trial and procure statement in bill of exceptions.
information must be sworn to before warrant can issue—
section 117 of the County Court act, regarding prosecu-
tions by information, is unconstitutional..
verdict of guilty must be supported by the evidence....... 225
when motive is important element in determining commis-
sion of crime-value of foot-prints in proving identity... 225
statute providing punishment for being intoxicated in or
about railroad station is valid.....

... 259
intent is gravamen of crime of assault with deadly weapon. 300

280 - 42

CRIMINAL LAW.-Continued.

an indictment must allege all facts necessary to constitute
the crime charged....
when insertion of wrong name in an indictment cannot be
presumed a clerical error.....
allegation of an assault upon one with intent to inflict bod-
ily injury upon another is not sufficient.....

PAGE.

300

.... 300

300

an indictment for manslaughter need not allege that the
killing was willful.......

321

an indictment for manslaughter need not allege the par-
ticular kind of motor vehicle with which the killing was
accomplished. .....

321

when objections to misconduct of juror and to State's at-
torney's argument come too late......

321

when driver of automobile is guilty of criminal negligence. 321
when an alleged error in amending the record will not be
considered. ....

486

when it is not material whether money or check was ob-
tained-what is sufficient proof of corporate existence.. 485
a certificate of the Secretary of State is prima facie evi-
dence of corporate existence...

486

when verdict sufficiently complies with statute as to find-
ing the age of the defendant......
section 18 of the Reformatory act of 1891 is repealed—Re-
formatory act of 1891 does not violate the constitution.. 610

610

DAMAGES.

when drainage district is liable for damage to land owners
by contractor in dredging.....

... 366

party injured by breach of contract must attempt to reduce
his damages

386

when purchaser cannot rely upon manufacturer's guaranty
against defects to indemnify him for damages paid to

third person

.....

386

when a purchaser of guaranteed machinery cannot recover
an indemnity ....

386

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

510

DECREES.-See JUDGMENTS AND DECREES.

DEDICATION.-See HIGHWAYS.

DEEDS.

effect where deed is inoperative to convey homestead estate 215
effect where deeds purport to include land used as an alley 607

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