Imágenes de páginas
PDF
EPUB

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 decree is affirmed.

Decree affirmed.

INDEX.

ABATEMENT.

PAGE.

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.......

ACTIONS AND DEFENSES.

552

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.....

100

100

the fact that a cause of action survives is not conclusive
that it is assignable......

... 100

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.....

93

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........

.....130, 46

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...................

122

... 133

a husband seeking a divorce for cruelty must make out a
clear case..

133

divorce is a remedy provided for innocent parties only..... 133
extreme and repeated cruelty is a sufficient recriminatory
defense to a like charge..............

133

where both parties are equally guilty of cruelty neither is
entitled to a divorce

133

ACTIONS AND DEFENSES.-Continued.

PAGE.

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.....

207

207

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........

383

383

... 383

a landlord is liable for damages to tenant from repairing
building without the tenant's consent.................

383

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.....

384

ore relying on a license as a defense to an action of tres-
pass has the burden of proof......................

384

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......

531

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

531

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.

ALIMONY.-See DIVORCE.

AMENDMENT.

a copy of a special tax ordinance may be filed before the
hearing as an amendment to the collector's delinquent
tax report.....

182

a declaration may be amended at trial by striking out one
of the grounds of damage alleged.....

378

1

a certificate of school tax levy may be amended to show
the facts, on application for judgment of sale............ .... 544

AMENDMENT.-Continued.

PAGE.

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....

APPEALS AND ERRORS.

whether agent had authority to bind principal in particular
case is a question of fact......

544

40

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....

122

170

171

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....

203

... 205

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.....

....

205

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....

314

329

378

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.......

462

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....

462

APPEALS AND ERRORS.-Continued.

PAGE.

appeal from decree involving a freehold lies to Appellate
Court, where the only question raised relates to matters
of accounting..

...... 423

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. ...

434

438

438

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.......

455

trial court's action in excluding evidence presumed correct,
in the absence of a bill of exceptions.....

459

an instruction in a murder trial requiring the defendant to.
"satisfactorily" establish matters of justification or ex-
cuse is erroneous....

473

473

473

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...................

538

602

608

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

APPEARANCE.

a lot owner, by appearing and defending an application for
judgment of sale for taxes, does not subject himself to a
personal judgment...

ARBITRATION.

... 182

award of arbitrators may be filed in any court of competent
jurisdiction for entry of judgment thereon....

410

« AnteriorContinuar »