DEFAULT.-See PRACTICE.

DEFENSES.-See ACTIONS AND DEFENSES.

DEPOSITIONS.-See EVIDENCE.

DESCRIPTION.

PAGE.

description of real estate by existing monuments is pre-
sumed to be correct-what description of ditches in peti-
tion for drainage district is required by statute......... 567
petition for drainage district need not expressly state the
acreage of the district and amounts owned by signers... 567

DRAINAGE.

the Farm Drainage act does not make filing of annual re-
ports by commissioners a condition precedent to levy-
ing assessment ...

...

303

when drainage record sufficiently shows a deficiency-no-
tice of meeting to hear objections is jurisdictional..... 303
findings of commissioners as to jurisdictional facts may be
impeached orally..

303

commissioners not required to personally deliver the notice
of hearing

304

every owner is injured by omission to classify property
subject to assessment-classification of a part, only, of
lands in district is unauthorized.....

304

when district is liable for damage to land owners by con-
tractor in dredging....

366

organization of lands in three towns into a union district
may be de facto......

415

an assessment allowing credits for payments under previ-
ous invalid assessment is void...........

415

what objection may be made on application for judgment
and order of sale....

415

what description of ditches in petition for drainage dis-
trict is required by statute....
petition for drainage district need not expressly state the
acreage of the district and amounts owned by signers.. 567
when a party cannot question legality of organization of
a drainage district-when objections going to jurisdic-
tion are waived ....

567

567

an agreement with a railroad company upon the taking of
property for drainage purposes does not preclude future

assessments. ...

567

question of proportion of assessments must be raised on
hearing of legal objections.....

... 567

DRAINAGE.-Continued.

the Supreme Court will not interfere where the evidence
is conflicting as to benefits and the verdict is within the
range of testimony...

EASEMENTS.

PAGE.

... 568

easement cannot be created by parol-equity may, to pre-
vent fraud, restrain exercise of right to revoke license.. 479

ELECTIONS.

election contest is regarded as a chancery proceeding—
section 81 of Practice act does not apply to proceeding
to contest election.....

27

436

term of an elective office begins on date of election when
not otherwise fixed.....
terms of office of circuit judges begin on date of election—
State canvassing board cannot recall commissions issued 436
county canvassing board may meet and send in omitted ab-
stract of votes but cannot change abstracts sent in..... 436

EMINENT DOMAIN.

a railroad company may condemn lots of private owners
without previous authority to cross streets and alleys... 639
railroad company not required to condemn street its track
crosses when burden is on petitioner to prove neces-
sity for condemnation. . . . .

... 639

in negotiations for compensation a land owner should be
informed of the real purchaser and purpose of acquir-
ing the property. . . .

EMPLOYMENT.-See WORKMEN'S COMPENSATION.

EQUITABLE CONVERSION.-See WILLS.

EQUITY.

639

equity may, to prevent fraud, restrain the exercise of right
to revoke license-all of the partjes joining in suit must
be entitled to recover...

479

to sustain an injunction complainant must suffer injury by
violation of rights....

479

ESTOPPEL.

when the employer is estopped from contending that in-
jured employee was engaged in inter-State commerce.. 526
when judgment on demurrer operates by way of estoppel,
the same as a verdict..

527

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 .....

PAGE.

33

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

34

section 36 of Evidence act construed as to power of a for-
eign commissioner

90

contents of existing, obtainable book of original entry can
not be proved by parol.......

116

... 116

a witness may testify as to general result of examination
of books-opinion of a witness that notes are uncollect-
ible is not admissible....
complainant in bill to remove tax deed as a cloud on title
must prove possession or that property is unoccupied... 130
when the files of another suit are not admissible-facts ap-
pearing from public records should be proved by the rec-
ords themselves ...

187

what testimony of attesting witness to codicil is admissible
to show co-witness is misnamed in subsequent codicil... 199
when rule as to admission of ancient documents cannot be
relied on to prove abstract in proceeding to register title. 213
when motive is important element in determining commis-
sion of crime-value of foot-prints in proving identity.. 225
the findings of drainage commissioners as to jurisdictional
facts may be impeached orally on application for judg-
ment for delinquent assessment...
what is not competent evidence of contents of a letter-
when evidence does not tend to prove certain facts..... 334
any fact relating to mental capacity of testator is admis-
sible on will contest.....

303

406

proof of testator's habitual use of intoxicating liquor is ad-
missible on question of mental capacity.
written instruments are presumed to have been written on
the day they bear date...

....

406

526

EXECUTORY DEVISES.-See WILLS.

EXPERT TESTIMONY.—See EVIDENCE.

FEES AND SALARIES.

secretary of bureau of labor statistics is authorized to re-
ceive license fees for private employment agencies... 345
constitutional provision against an increase of salary dur-
ing term of office includes officers elect.....

436

FEES AND SALARIES.-Continued.

section 22 of Fees and Salaries act is constitutional-what
compensation may be allowed to printer for publishing
delinquent list

FORCIBLE ENTRY AND DETAINER.

continuous possession of land cannot be broken by unlaw-
ful entry-entry need not be made with actual force to
constitute forcible entry and detainer....

FORMER CASES.

Keeran v. Peoria, Bloomington and Champaign Traction
Co. 277 Ill. 413, followed, in construing section 29 of the
Workmen's Compensation act......
Puterbaugh v. Smith, 131 Ill. 199, and McIntyre v. People,
227 id. 26, approved, in construing section 36 of the Evi-
dence act

PAGE.

243

620

76

90

... 152

158

170

Lachenmyer v. Gehlbach, 266 Ill. 11, followed, as to when
remainder is vested but subject to executory devise over 93
Davis v. Ripley, 194 Ill. 399, Boehm v. Baldwin, 221 id. 59,
and Reed v. Welborn, 253 id. 338, distinguished, as to
when father and child take devise in common...
People v. Madison, (ante, p. 96,) followed, in sustaining
curative act of 1917, relating to high schools.....
People v. Union Trust Co. 255 Ill. 168, followed, as to
whether inheritance tax may be assessed against succes-
sion to personal property in another State..
People v. Union Trust Co. 255 Ill. 168, followed, as to
when trustee is liable for inheritance taxes.
Betz v. Farling, 274 Ill. 107, followed, as to construction
of the words "homestead estate in fee simple," in parti-
tion decree ..
Stephenson v. McClintock, 141 Ill. 604, explained, as to
when resulting trust arises in favor of wife.....
Tarantina v. Louisville and Nashville Railroad Co. 254 Ill.
624, followed, in sustaining act providing punishment for
being intoxicated in or about railroad station.... ... 259
People v. Callaghan, 83 Ill. 128, and Crook v. People, 106
id. 237, distinguished, as to when the term of elective
office begins

170

215

235

436

County of Cook v. Chicago Industrial School, 125 Ill. 540,
distinguished, as to when paying money to school for
care of State wards does not violate constitution....... 613
Chicago and Eastern Illinois Railroad Co. v. Doyle, 256
Ill. 514, followed, as to how railroads may consolidate
under act of 1885....

639

FORMER CASES.-Continued.

PAGE.

Alton and Southern Railroad v. Van. Railroad Co. 268 Ill.
68, distinguished, as to whether railroad company may
condemn lots without previous authority to cross streets. 639

FRANCHISE.

right of foreign corporation to do business in Illinois is
not a franchise, such as gives Supreme Court direct ap-
pellate jurisdiction .....

113

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

495

FRAUD.

when Statute of Frauds is no defense to suit for specific
performance-Statute of Frauds cannot be availed of to
accomplish a fraud....

278

354

party desiring to rescind contract on ground of fraud must
act upon discovering the fraud.....
easement cannot be created by parol-equity may, to pre-
vent fraud, restrain exercise of right to revoke license.. 479

FREEHOLD.

when a freehold is involved in suit to enjoin obstruction
of highway

132

bill to foreclose mortgage does not involve freehold...... 384

GUARANTY.

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

third person

386

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

386

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

431

HIGHWAYS.-See TAXES.

when freehold is involved in suit to enjoin obstruction of
highway-a highway may be acquired over county prop-
erty by prescription....

132

what is essential to a common law dedication-when inten-
tion to dedicate highway to public use will be implied.. 132
what will constitute public highway by prescription...... 133
when an attempted vacation of alley is void--effect where
deeds purport to include land used as an alley.....

607