party seeking condemnation may be permitted or required
to exhibit evidence showing how it is proposed to use
the easement
evidence of the future use of railroad property for the
erection of warehouses is not admissible in a condemna-
tion proceeding
evidence of use of brass knuckles may be circumstantial in
a murder case-trial judge should not comment on value
of evidence offered in a criminal case.
EXECUTORS AND ADMINISTRATORS.
existence of other interests does not prevent sale of inter-
est in reversion in fee to pay debts of estate.
who need not be made parties to petition for order on ad-
ministratrix to inventory interest in land.......
lack of means is not a sufficient answer to petition against
administratrix for an order to inventory interest of de-
ceased in land ....
EXECUTORY DEVISES.-See WILLS.
FOREIGN CORPORATIONS.-See CORPORATIONS.
People v. Griffith, 245 Ill. 532, followed, as to shares of
stock of foreign corporations owned by non-residents not
being subject to inheritance tax....
People v. Dennett, (ante, p. 43,) followed, as to when the
stocks of foreign corporations are not subject to inher-
itance tax
.....623, 72
Deibeikis v. Link-Belt Co. 261 Ill. 454, followed, as to val-
idity of provision of Workmen's Compensation act of
1913 as to employers in extra-hazardous occupations... 112
City of Chicago v. Brede, 218 Ill. 528, followed, as to when
city cannot advance money for construction of sidewalks. 172
Sny Island Levee Drainage District v. Boyd Drainage Dis-
trict, 273 Ill. 533, adhered to, as to whether organization
of sub-district creates a separate body.....
People v. Lease, 248 Ill. 187, approved, as to extent of au-
thority of drainage district organized under general law. 231
People v. Siracusa, 275 Ill. 457, followed, as to its holding.
that language of the court explaining effect of pleading
guilty need not be set out in record........
Siebert v. People, 143 Ill. 571, adhered to, as to admissi-
bility of declarations with reference to suicide....
Parker-Washington Co. v. Industrial Board, 274 Ill. 498,
distinguished, as to what not sufficient notice of circum-
stances of accident under Workmen's Compensation act. 262
Heffner v. Cass and Morgan Counties, 193 Ill. 439, over-
ruled, as to validity of third proviso to section 55 of
the Levee act
Young v. People, 134 Ill. 37, distinguished, as to what is
sufficient allegation in indictment for perjury that testi-
mony was material to the issue....
City of Chicago v. Underwood, 258 Ill. 116, explained, as
to what information must be given property owners...
Bishop v. People, 200 Ill. 33, People v. Crews, 245 id. 318,
and People v. Lease, 248 id. 187, distinguished, as to
when owner cannot complain that land is assessed by
two drainage districts
Gehrke v. Gehrke, 190 Ill. 166, followed, as denying solic-
itor's fees to petitioner for assignment of dower........ 521
Ætna Life Ins. Co. v. Hoppin, 249 Ill. 406, adhered to, and
Butler v. Huestis, 68 id. 594, distinguished, as to when
remainder after life estate is contingent.....
when a franchise is involved on appeal....
fraud will not be presumed but must be proved as a fact—
motive of the party charged with fraud is presumed to
be honest ...
equity may infer a fraudulent intent in case of failure to
perform contract to support the grantor in considera-
tion of conveyance...
inadequacy of consideration, alone, is not ground for set-
ting aside deed-grantee not required to inform grantor
of the value of her interest....
no freehold is involved in bill to remove a judgment lien—
freehold not involved in pleadings where defendants ad-
mit complainant has title.....
when a freehold is not involved in controversy over con-
tract for sale of land.....
coroner cannot require a witness at inquest to recognize
with sureties ...
when the second sentence of a prisoner is not void...
HABEAS CORPUS.-Continued.
habeas corpus cannot operate as a writ of error-when the
constitutionality of an act cannot be raised in a habeas
corpus proceeding
provision of section 55 of Levee act as to restoring bridges
in highways is invalid...
highway commissioners possess sole authority to levy tax
or incur debt for roads and bridges...
the restoration of a road by drainage commissioners does
not require statutory authority.....
what rights are acquired by a city in condemning railroad
property for public street without any restrictions...... 572
when a judgment in condemnation for widening a street
should restrict the rights of the petitioner in accordance
with terms of a contract with land owner...
what is not proper practice in assigning dower in home-
stead property-when allowance of a sum as damages
for dower in homestead premises is error.
when it is not necessary to prove whether woman is mar-
ried or single in prosecution for adultery....
when party to a second marriage is injuriously affected by
decree divorcing her husband from his former wife....
when wife may take as devisee in a will notwithstanding
her marriage was invalid.....
when the words "husband" and "wife," occurring in a will,
will not be taken strictly in primary sense... ... ... . . . . .
wife of accused is not a competent witness to prove mar-
riage on charge of adultery...
IMPEACHMENT.-See WITNESSES.
INDEPENDENT CONTRACTOR.-See MASTER AND SER-
VANT.
when counts are not subject to objection of duplicity in in-
dictment for rape-an objection of duplicity cannot be
raised on motion in arrest...
what indictment for perjury sufficiently charges that the
testimony was material to the issue.....
methods of averring materiality of testimony upon which
perjury is assigned ....
what description of proceeding is sufficient in an indict-
ment charging perjury during a prosecution for illegal
sale of liquor
general description of the proceeding is sufficient in an in-
dictment for perjury....
when an allegation that prosecutrix was not the wife of
accused is essential to indictment for rape........
one good count is sufficient to sustain general verdict of
conviction .....
allegation that the testimony "was a material matter in is-
sue" is sufficient in indictment for perjury....
perjury need not be alleged to have been committed feloni-
ously-one good count, if proved, is sufficient to sustain
a conviction
when an information charging adultery will not be quashed
although facts stated are inconsistent. . . . . .
shares of stock of foreign corporations owned by a non-
resident are not subject to inheritance tax......623, 72,
no material difference exists between act of 1895 and act
of 1909 subjecting property of a non-resident to inher-
itance tax
no conflict exists between sections 2 and 25 of the Inher-
itance Tax law....
section 25 of the Inheritance Tax law may apply to vested
as well as to contingent estates....
when the appraised value of life estates of grandchildren
should not be deducted before taxing remainder.....
a debt due the deceased is not taxable.....
when a coal company may enjoin a railroad company from
hauling coal of another mine over its premises.........
alleged dissolution of a corporation confers no jurisdiction
on equity to question its existence or enjoin its officers.. 403
board of school directors cannot be enjoined without mak-
ing the individuals parties to the suit....
INJURIES.-See NEGLIGENCE; WORKMEN'S COMPEN-
SATION.
when instructions directing a verdict are erroneous.....
when appellant is not estopped on second appeal to ques-
tion instructions given on a former trial....
when an instruction as to damages is not erroneous...... 295
when an instruction to consider fact that witness testified
to escape imprisonment should be given....
when it is not error to give instruction authorizing convic-
tion for lesser offense....
interpreter in a criminal case is not disqualified because he
is a police officer-what does not show that the interpre-
ter was unfair
INTOXICATING LIQUORS.-See DRAM-SHOPS; LOCAL
OPTION.
a joint trust results where consideration is contributed by
two or more persons in aliquot parts...
interest of one joint tenant in property for which the joint
property is exchanged....
decree in equity not final until approved and filed for rec-
ord decree of divorce need not be signed by chancellor.
decree may be amended at any time to correct clerical er-
rors-what amendments of judgment may be made at a
subsequent term ...
when mistake of parties as to when decree of divorce took
effect is one of fact...
equity may, on filing of an original bill, correct clerical er-
rors in decree .....
one seeking to amend judgment or decree must have rights
which are injuriously affected...
when party to second marriage is injuriously affected by
decree divorcing her husband from his former wife....
when date of a divorce decree may be corrected without
making divorced wife a party...
when judgment awarding writ of mandamus will not be re-
versed although it is too late to enforce it as entered....
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