INDEX.

ABANDONMENT.

when allegation that railroad company had abandoned its
right of way is a mere legal conclusion.....

to constitute abandonment by a railroad company of any
part of its right of way there must not only be a non-
user, but an intention to abandon.....

ABATEMENT.

PAGE.

pendency of a former suit may be pleaded in abatement of
later one.....

469

469

193

when difference in parties is not material as respects right
to plead former suit in abatement....

193

it is not essential in abatement that first and second bills
pray for same specific relief.....

... 193

when pendency of suit to declare a trust may be pleaded in
abatement of partition suit...

ABSTRACT OF RECORD.

....

judgment must be affirmed where abstract of record wholly
fails to present the portions of the record involved under
the errors assigned...

ACCELERATION.

193

198

when doctrine of acceleration does not apply....

480

remainder contingent upon death or re-marriage of a cer-
tain person is not accelerated by her conveyance of her
interest to a third person....

544

ACCIDENT INSURANCE.-See INSURANCE.

ACCORD AND SATISFACTION.

when acceptance of checks for rent is binding..

106

general rule as to acceptance of check intended as payment
in full....

106

220-41

ACCOUNTING.

.....

PAGE

when a decree in an accounting is interlocutory and not
appealable.....
when question of responsibility for dissolution of partner-
ship is not material on appeal.....
when disposition of property by Appellate Court in part-
nership accounting will be upheld...

251

344

344

ACTIONS AND DEFENSES.

distress warrant lies for only actual rent...

21

the statutory lien for faithful performance of lease does
not render remedy by distress available....
damages due to tenant's failure to exercise good husbandry
cannot be recovered by distress warrant....

a complete change of defense on second trial in foreclosure
is a suspicious circumstance....

acquittal on charge of embezzlement does not bar prosecu-
tion for forging notes, notwithstanding they were given
in evidence on former trial......

21

21

52

.... 72

when failure to aver facts in original bill bears upon the
credibility of such facts when set up in amended bill... 111
what is not ground for setting aside deed made in consid-
eration of future support... . . . .

remedy of grantors where grantee's death prevents carry-
ing out his agreement for support....
proof of a corporation de jure is essential in order to en-
able directors to escape the personal liability imposed by
section 18 of general Incorporation act.......
party relying upon an adverse title to defeat application for
initial registration must establish it.....

III

III

128

.... 168

pendency of a former suit may be pleaded in abatement of
later one.....

193

when difference in parties does not preclude pleading for-
mer suit in abatement of later one...

... 193

it is not essential in abatement that the first and second
bills pray for same specific relief.....

... 193

when pendency of suit to declare a trust may be pleaded in
abatement of partition suit.....

193

time for filing bill to contest will is jurisdictional........ 219
time appeal is pending from order admitting will to probate
is not counted as part of the period allowed after probate
for filing bill to contest will.....

.... 219

equity has power, in a proper case, to authorize a conver-
sion of trust property contrary to the provisions of the
will creating the trust.

226

right to hold or exercise license granted by ordinance may
be questioned by quo warranto.....

238

ACTIONS AND DEFENSES.-Continued.

right of infant to maintain bill to impeach decree.
material alteration of executory contract destroys it as a
basis of recovery..

....

PAGE.

226

256

256

alteration of executory contract does not defeat recovery
upon original unsatisfied obligation.....
when unaltered duplicate is admissible as a basis of recov-
ery though plaintiff's duplicate is altered.......
when discharge of sewage into ditch may be enjoined.... 264
pollution of water may be enjoined by owners of easement

257

to prevent acquiring of adverse right, irrespective of the
questions of nuisance or substantial injury....
264
when Statute of Limitations runs as between co-tenants.. 318
what does not prevent running of Statute of Limitations.. 318
when mandamus will not lie to compel municipality to pay
local improvement bonds.....

417

428

when acceptance by railroad employee of benefits from re-
lief fund does not bar an action for damages.......
street railway company seeking by mandamus to compel
commissioner of public works to allow construction of
track must show clear right to writ.....
mandamus may be denied upon ground of laches..
discretion in denying mandamus is not limited to original
applications to the Supreme Court....

445

485

485

when date on which amended petition is filed is to be con-
sidered in determining question of laches....
when declarations are prima facie for same cause of action 514
identity of causes of action must be determined from an in-
spection of the declarations alone.....

486

514

an order allowing an amended declaration to be filed is not
an adjudication that the causes of action are the same in
both declarations....

514

section 23 of Practice act is not a transcript of the Massa-
chusetts act, so as to require adoption of Massachusetts
rule as to identity of causes of action.....

514

when bill to remove cloud from title cannot be sustained..
a court of equity cannot entertain a bill to remove a cloud
from title if defendants are in possession....
when judgment of Supreme Court is not res judicata as to
legality of subsequent village organization...
power of de facto municipal corporation to levy tax cannot
be questioned in a proceeding to collect the tax.
Statute of Limitations runs against a trust estate in favor
of third persons....

540

544

.....

554

554

569

if trustee is barred as against third persons the beneficia-
ries are barred, though under disability..

569

allowing an amended declaration to be filed is not an adju-
dication that the causes of action set out in the two dec-
larations are the same.....

514

identity of causes of action must be determined from an in-
spection of the declarations alone....

514

ANNEXATION.-See MUNICIPAL CORPORATIONS.

APPEALS AND ERRORS.

master's findings of fact are conclusive in the absence of
objection thereto.....

.....

when refusal to re-refer case is not error.

36

party may sue out writ of error in names of his co-plaintiffs
or co-defendants, but if they do not appear they must be
summoned and severed.....

all parties to record below must be brought before the court
of review on writ of error...

when refusal to re-refer case upon the ground of new evi-
dence is not error....

party's ignorance of procedure not considered in determin-
ing whether master gave proper notice of time and place
for hearing objections to report......

36

36

37

42

... 42

when instruction does not leave question of the construction
of a deed to the jury.....

chancellor's determination as to the credibility of witnesses
will not be lightly disregarded on appeal...

refusing an instruction stating an abstract rule of law is
not ground for reversal.....

72

fining counsel for accused, in presence of jury, for con-
tempt of court is not error....

72

exclusion of proper evidence will not work reversal if it
would not have changed the result or if the facts are oth-
erwise fully established.....

86

improper remarks by court will not necessarily reverse if
evidence of guilt is clear.....

86

when accused cannot complain of improper argument...
improper remarks of counsel not objected to are not pre-
served for review...

87

87

APPEALS AND ERRORS.-Continued.

when giving abstract instruction will not reverse.......
when refusal to admit the plan of subdivision in evidence
in condemnation is not error....

the record should show at whose instance instructions were
given, otherwise alleged errors therein will not be con-
sidered on appeal.....

an appeal from judgment in favor of one drainage district
against another for benefits from enlarged outlet is gov-
erned by the general statute....

PAGE.

87

98

98

104

questions resting upon proof are not reviewable in absence
of a bill of exceptions....

134

freehold is not involved on appeal from decree establishing
a lost will, where the only question involved is alleged
error in decreeing costs....

142

176

when cross-error need not be considered...........
plaintiffs cannot complain of judgment in their favor..... 176
a decree final as to question of title is appealable, although
account remains to be stated.......

188

when objection that there was no order re-docketing cause
comes too late......

188

judgment must be affirmed where abstract of record wholly
fails to present the portions of the record involved under
the errors assigned.....

198

when certificate of importance is necessary.

216

when decree in accounting is interlocutory.

251

when judgment of conviction will not be reversed.

304

admitting rebuttal evidence in making out case in chief will

not necessarily reverse......

304

when refusal to require prosecution in a rape case to elect
which defendant it will try is not error....

304

when giving instruction defining accessories is not error in
a prosecution for rape....

304

instruction permitting a jury to disregard uncorroborated
testimony of witness who has "knowingly belittled" any
material fact is erroneous.....

334

ruling questions of counsel to be improper does not neces-
sarily cure their prejudicial effect.....
when admission of photographs in evidence in a condemna-
tion case is error....

instruction in condemnation permitting jury to assess dam-
ages for the most injurious use which may be lawfully
made of the property is erroneous...

334

appeal from order refusing to discharge insolvent debtor
lies to Appellate Court, and not to the circuit court, as
formerly......

340