« AnteriorContinuar »
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 hare 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.
to abate the suit has been changed in Illinois by statute. 383
is one which survives to personal representatives...... 383
owner of equity of redemption consenting to an exchange
of properties is not entitled to an accounting from legal
ACTIONS AND DEFENSES.
right of action for personal injury is not assignable....... 100
regard to the latter's contract with his attorney prohib-
if they prove unwholesome, when sold for domestic use,
ize mandamus to compel the performance of a public duty. 46
lation of his agreement, based on sufficient consideration,
ACTIONS AND DEFENSES.—Continued.
ment against an attachment defendant, but cannot com-
plain of irregularities affecting only the latter.......... 207
ten days before return term to entitle plaintiff to judg.
ment by default at return term.....
after the beginning of the return term and default be
the suit has been changed in Illinois by statute...... 383
one which survives to personal representatives...... 383
make repairs before he can hold him liable for damage
to a bona fide holder on refusing payment of check by de-
to apply a new deposit to previously drawn checks does
ADVERSE POSSESSION.-See LIMITATIONS, STATUTE OF.
a permissive use cannot be made the basis of a claim of
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
the facts, on application for judgment of sale...
ize tax, if, after amendment, it fails to show the certifi-
APPEALS AND ERRORS.
whether agent:had authority to bind principal in particular
though further pleadings were had after trial, if the is-
on appeal, unless clearly against the evidence..... ... 171
dence to avoid a reversal applies only when the decree
from decree dismissing bill for want of equity...... ... 205
where complainant preserves only part of the evidence. 205
not disturbed unless clearly against the evidence...... 219
of sale for taxes is informal, but will direct the entry of
appeal, in the absence of abuse of discretion....... 378
immaterial” does not raise the question of its genuine-
cannot be considered in absence of a bill of exceptions .. 344
ficiary are proper parties to bill to construe will, and may
APPEALS AND ERRORS.-Continued.
appeal from decree involving a freehold lies to Appellate
Court, where the only question raised relates to matters
been proven in the absence of a bill of exceptions....... 425
able unless great hardship or denial of justice will result
reference to the effect of their misrepresentation by a
a taxation case will not be disturbed on appeal, unless
"satisfactorily” establish matters of justification or ex-
cured by instruction requiring the People to prove ac-
nal Code, if another instruction is given stating law of
where the record fails to show duration of his tenancy.. 495
him to inventory lands as part of decedent's estate...... 605
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
award of arbitrators may be filed in any court of competent