ary beneficiaries from the land to the fund which will be created by their sale. In all this the grandchildren not in esse have been fully represented, and their rights have been fully defended and protected by those in being. The decree, therefore, must be held to be valid as a conclusive disposition of the rights of all the beneficiaries,—as well those not in esse as those who were made defendants to the bill by name."
the common law rule that the death of the parties operates to abate the suit has been changed in Illinois by statute. 383 death of sole parties does not abate the suit if the action is one which survives to personal representatives.................... 383 ACCOUNTING.
owner of equity of redemption consenting to an exchange of properties is not entitled to an accounting from legal owner on basis of value of original property.......
right of action for personal injury is not assignable....... 100 defendant may compromise or settle with plaintiff without regard to the latter's contract with his attorney prohib- iting him from so doing......
statement of general rule as to assignability of causes of action arising from torts.....
the fact that a cause of action survives is not conclusive that it is assignable......
a retail dealer in meats and provisions is liable in damages if they prove unwholesome, when sold for domestic use, whether he knew their condition or not.....
no demand or refusal to perform need be shown to author- ize mandamus to compel the performance of a public duty. 46 mandamus lies to compel compliance with the provisions of the Civil Service act........
the taking of property by a sheriff from a constable, in vio- lation of his agreement, based on sufficient consideration, is trespass....
condonation is a stricter bar against the husband than against the wife...................
a husband seeking a divorce for cruelty must make out a clear case..
divorce is a remedy provided for innocent parties only..... 133 extreme and repeated cruelty is a sufficient recriminatory defense to a like charge..............
where both parties are equally guilty of cruelty neither is entitled to a divorce
ACTIONS AND DEFENSES.-Continued.
garnishee may question jurisdiction of court to enter judg- ment against an attachment defendant, but cannot com- plain of irregularities affecting only the latter.......... 207 attachment suit need not be begun nor process be served ten days before return term to entitle plaintiff to judg- ment by default at return term.....
service by publication in attachment may be completed after the beginning of the return term and default be entered ten days after last notice..... actions for damages to real and personal property survive. 383 the common law rule that the death of the parties abates the suit has been changed in Illinois by statute............ death of sole parties does not abate the suit if the action is one which survives to personal representatives...... all parties to a trespass are principals, and are liable there- for, jointly or severally........
a landlord is liable for damages to tenant from repairing building without the tenant's consent.................
a tenant is not bound to object to the landlord's entry to make repairs before he can hold him liable for damage thereby done.....
ore relying on a license as a defense to an action of tres- pass has the burden of proof......................
a bank having sufficient funds of depositor on hand is liable to a bona fide holder on refusing payment of check by de- positor's direction......
a private arrangement between a bank and a depositor not to apply a new deposit to previously drawn checks does not protect bank on refusing payment..... Statute of Frauds cannot be invoked to perpetrate fraud.. 536
ADVERSE POSSESSION.-See LIMITATIONS, STATUTE OF. a permissive use cannot be made the basis of a claim of adverse interest... ... 612
AGENCY.-See PRINCIPAL AND AGENT.
a copy of a special tax ordinance may be filed before the hearing as an amendment to the collector's delinquent tax report.....
a declaration may be amended at trial by striking out one of the grounds of damage alleged.....
a certificate of school tax levy may be amended to show the facts, on application for judgment of sale............ .... 544
amendment of certificate of school tax levy does not vital- ize tax, if, after amendment, it fails to show the certifi- cate was authorized by the board....
whether agent had authority to bind principal in particular case is a question of fact......
court may refuse to set aside submission of case to court, though further pleadings were had after trial, if the is- sues were not changed thereby........... harmless modification of correct proposition of law is not ground for reversal....
one cannot complain of error in his own favor.. award of damages in condemnation will not be disturbed on appeal, unless clearly against the evidence.... ..... 171 when record presents no question for consideration of Su- preme Court....
rule that a party obtaining decree must preserve the evi- dence to avoid a reversal applies only when the decree grants affirmative relief..... complainant must preserve all the evidence on appealing from decree dismissing bill for want of equity.....
a decree dismissing bill for want of equity will be sustained where complainant preserves only part of the evidence. 205 chancellor's findings of fact on conflicting oral testimony not disturbed unless clearly against the evidence........ 219 Supreme Court will not award new trial because judgment of sale for taxes is informal, but will direct the entry of a judgment in proper form.... 268 erroneous instruction is harmless if not misleading....572, 314 instruction to find for defendant must be refused if evi- dence tends to prove plaintiff's case..... findings of fact in decree are conclusive, in the absence of a certificate of evidence....
court's action on rebuttal evidence will not be reviewed on appeal, in the absence of abuse of discretion............ 378 an objection to offered letter that it is "incompetent and immaterial" does not raise the question of its genuine- ness for review, on appeal...... objections which appear only by looking into the evidence cannot be considered in absence of a bill of exceptions.. 344 a freehold is involved in an appeal from a decree holding a devise of real estate void.......
trustees of an unincorporated religious society made a bene- ficiary are proper parties to bill to construe will, and may appeal from a decree holding devise void....
APPEALS AND ERRORS.-Continued.
appeal from decree involving a freehold lies to Appellate Court, where the only question raised relates to matters of accounting..
allegations of an assessment petition presumed to have been proven in the absence of a bill of exceptions....... 425 order dismissing bill as to part of defendants is not appeal- able unless great hardship or denial of justice will result from not allowing appeal .....
objections are ineffectual unless ruled upon. an instruction attempting to define “material facts," with reference to the effect of their misrepresentation by a witness, should be refused. ...
a verdict by a jury as to the amount of special benefits in a taxation case will not be disturbed on appeal, unless clearly against the evidence.......
trial court's action in excluding evidence presumed correct, in the absence of a bill of exceptions.....
an instruction in a murder trial requiring the defendant to. "satisfactorily" establish matters of justification or ex- cuse is erroneous....
error in instruction concerning law of self-defense is not cured by instruction requiring the People to prove ac- cused guilty beyond a reasonable doubt..... not error to give instruction repeating section 149 of Crimi- nal Code, if another instruction is given stating law of self-defense where danger is only apparent..... when appeal does not involve a constitutional question..... to authorize reversal record must show prejudicial error.. 495 partition decree will not be reversed at instance of tenant, where the record fails to show duration of his tenancy.. 495 party trying case on one theory cannot abandon it and sub- stitute another on appeal...................
appeal must be dismissed if record fails to show that ap- pellant has an appealable interest............. administrator cannot appeal from order of court directing him to inventory lands as part of decedent's estate...... 608 order directing administrator to inventory lands as part of decedent's estate is not a final, appealable order........ 609
a lot owner, by appearing and defending an application for judgment of sale for taxes, does not subject himself to a personal judgment...
award of arbitrators may be filed in any court of competent jurisdiction for entry of judgment thereon....
« AnteriorContinuar » |