INDEX. ACTIONS AND DEFENSES. when funds of a foreign bank are subject to garnishment PAGE. II 33 fraud is an affirmative defense, which must be proved...... 27 80 139 180 petition must show clear right to writ of mandamus. 206 .. 206 action for conversion of personal property is within juris- 224 an injunction is proper remedy to prevent one public utility 236 341 when defendant cannot take advantage of failure of court to instruct grand jury... 514 when location of line between properties is in issue in an 525 when party does not waive right to object to sufficiency of 529 one having only an expectancy is not entitled to partition.. 537 ACTIONS AND DEFENSES.-Continued. both express and implied contracts are actionable in as- PAGE. 578 five year Statute of Limitations controls actions on im- 579 .... decree in will contest cannot be attacked in subsequent suit 593 605 ADMINISTRATION. there is no necessity for administration where there are no ... 210 ... 210 rules of inheritance are controlled by statute-descent and ADMISSIONS.-See EVIDENCE. AGENCY.-See PRINCIPAL AND AGENT. ALTERATION.-See BILLS AND NOTES. AMENDMENTS. 211 when procedure is governed by an act as amended........ 598 when Appellate Court is persumed to have found facts the II 17 27 when cause must be remanded although decree is affirmed. 80 nature of writ of error coram nobis at common law-er- 179 what errors of facts are available under a writ of error 179 court cannot correct its own errors after term has ended- leged as error 180 APPEALS AND ERRORS.—Continued. when writ of error coram nobis does not lie-the plaintiff's PAGE. ... 180 180 when a judgment setting aside order of Public Utilities 190 when city may appeal from order of Public Utilities Com- when Appellate Court should remand cause-when judg- 190 231 261 all issues are before Supreme Court when cause is certified 341 a hearing on certiorari must be had on record as returned. 387 387 writ of error is governed by the law in force when it is 409 appeal from judgment awarding writ of mandamus to com- 467 when judgment for contempt is a final judgment. 490 491 cause must be remanded where admission of improper evi- .... when Supreme Court cannot presume that question was 515 ... 553 ... 568 when plaintiff in error should not be required to pay dam- ...... court of review will inquire into evidence to determine ASSAULT. evidence of conviction for assault to commit robbery is not 593 614 351 ASSUMPSIT. both express and implied contracts are actionable in as- five year Statute of Limitations controls actions on im- PAGE. 578 579 ATTORNEYS AT LAW.-See SOLICITORS' FEES. a refusal or failure to return a client's money justifies what advertising is unethical and unprofessional-what 55 .. 305 extent to which attorney may advertise by circulation of 305 canon 27 of State Bar Association, on ethics of advertis- ... 305 BANKS. when funds of a foreign bank are subject to garnishment II when courts of Illinois will not enforce insolvent laws of 12 BILLS AND NOTES. when evidence of acceptance by drawee bank is unneces- II when party does not waive right to object to sufficiency 529 the purchase of stock is sufficient consideration for note ... 529 ... 530 the material alteration of a negotiable instrument renders ... 553 one who has filled in amount of a blank check cannot sub- · 553 BRIDGES.-See HIGHWAYS. BURDEN OF PROOF. burden is on contestants to overcome case made by pro- 147 CARRIERS.-See RAILROADS. PAGE. only ordinary care is required of a carrier in the mainte- CEMETERIES. 378 when bequest for perpetual care of burial lot is not invalid. 364 when gift to charity does not violate rule against perpe- CLOUD ON TITLE. ...... what makes prima facie case of title-when the complain- 403 403 when bill need not allege, in terms, that master's deed is 568 COLLATERAL ATTACK.-See JUDGMENTS AND DE- COLOR OF TITLE.-See LIMITATIONS. CONDEMNATION.-See EMINENT DOMAIN. CONFIDENCE GAME. definition of confidence game-form of transaction is im- 477 one may be convicted of confidence game although confi- 477 when instruction as to confidence game is not erroneous.. .477 CONFLICT OF LAWS. 478 ... 478 when funds of a foreign bank are subject to garnishment II when courts of Illinois will not enforce insolvent laws of 12 |