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ARBITRATION.-Continued.

PAGE.
filing a bill to enjoin the entry of judgment on award does

not prevent a court of law from taking jurisdiction, if no
injunction is issued.....

410
presumptions are in favor of validity of award....

410
an award is presumed to be only upon the questions sub-
mitted for arbitration .........

410
what not such misconduct of arbitrator as vitiates award. 410

ASSIGNMENT.-See VOLUNTARY ASSIGNMENTS.

causes of action arising from torts to property or from in-
juries to decedent's estate are assignable.

... 100
causes of action arising from torts to the person or char-

acter, where the injury is confined to the body or the feel-
ings, are not assignable..

100
the fact that a cause of action survives to personal repre-

sentatives is not conclusive that it is assignable......... 100
act providing for survival of an action for personal injuries

resulting in death is for the sole benefit of the surviving
spouse or next of kin....

100
a right of action for personal injuries is not assignable... 100
effect of assignment of contract as collateral security for

loan, upon contractor's right to a mechanic's lien........ 587
a license is not assignable....

612

ATTACHMENT. .

court must have jurisdiction of attachment defendant to
render judgment against garnishee.....

207
garnishee may question jurisdiction of court to render judg-

ment against an attachment defendant, but cannot com-

plain of irregularities affecting only the latter.......... 207
Practice act does not control attachment proceedings in

matters for which the Attachment act has made differ-
ent provision.....

207
not necessary that suit be begun or process be served ten

days before return term to entitle plaintiff to judgment
by default at return term .......

207
publication of notices in attachment may be completed

after beginning of return term and default be entered
ten days after last notice. .....

207
when court may properly render judgment by default at
term to which attachment is returnable..

207
incorporation of partnership-what must be shown to sus-

tain levy of attachment on corporate property by cred-
itor of former partnership.........

271
corporate property attached by a creditor of former part-

nership must be identified as having been transferred by
the partnership to the corporation ....

271

ATTORNEYS AT LAW.

PAGE.
a contract prohibiting client from settling or compromis-

ing his claim is void, as tending to foster litigation...... 100
defendant may settle with plaintiff without regard to the

latter's contract with his attorney prohibiting him from
so doing ...

... 100

AWARD.-See ARBITRATION.

BAILMENT.

in bailment for mutual benefit the bailee is not an insurer. 602
fact that bailee agrees to deliver article after performing

his work does not make him an insurer of its safety 602
illustration of a bailment for mutual benefit....

602

BANKS.

drawer of check cannot stop payment thereof after it has
passed into hands of a bona fide holder........

531
a bank has no authority to refuse payment of a check to a

bona fide holder if drawer's deposit is sufficient...... 531
a bank having drawer's funds is liable to bona fide holder of

check on refusing payment by direction of drawer.... 531
private arrangement between bank and depositor not to

apply new deposit to the payment of previous checks does
not protect the bank.....

.... 531
depositor may draw a check in reasonable expectation of

having funds to meet it, and if funds are on hand when
check is presented it must be paid....

532

BENEFIT SOCIETIES.

a subordinate lodge is the agent of the principal lodge, and

relation between them is governed by rules of agency... 325
member agreeing to be bound only by by-laws of supreme

lodge is not bound by by-law passed by a board of control. 417

BILLS AND NOTES.

drawer of check cannot stop payment thereof after it has
passed into hands of a bona fide holder......

531
bank cannot refuse payment of check presented by bona fide
holder if drawer's deposit is sufficient...

531
bank having sufficient funds of depositor is liable to a bona
fide holder of check on refusing payment by direction of
drawer....

531
a private arrangement between a bank and a depositor not

to apply new deposit to check previously drawn does not
protect bank....

531
depositor may draw a check in reasonable expectation of

having funds to meet it, and if funds are on hand when
check is presented it must be paid.....

532

PAGE.

BILLS OF EXCEPTION.

testimony of a witness at a former trial cannot be proved
by a bill of exceptions

314
objections which appear only by looking into the evidence

cannot be considered on appeal, in the absence of a bill
of exceptions.....

344
allegations of assessment petition are presumed, on appeal,

to have been proven, in absence of bill of exceptions.... 425
trial court's action in excluding evidence is presumed cor-
rect, in absence of bill of exceptions...

459

BOARDS OF EDUCATION.-See SCHOOLS.

235

235

BONDS.

the statutory provisions concerning the mode of releasing a

surety on an executor's or administrator's bond must be

strictly followed....
the court cannot waive requirements of statute concern-

ing mode of releasing surety on executor's or administra-
tor's bond .......

235
heirs are not entitled to notice of application for release of

surety on executor's or administrator's bond...
the petition for release of surety on an executor's or ad-

ministrator's bond must be filed by surety himself....... 235
surety's consent to draft of order for release, on petition

of administrator, does not give the court jurisdiction to
release him......

235
final order of probate court as to amount due from guar-

dian to ward is binding on sureties on guardian's bond... 243
sureties on contractor's bond given to school board are not

liable to sub-contractors, in the absence of any provision
in the bond to that effect......

... 487

BOULEVARDS.-See PARKS.

BURDEN OF PROOF.

one invoking an estoppel by verdict has burden of proving

that the precise question involved was raised and deter-
mined in former suit.......

299
one relying on a license as a defense to a trespass has the
burden of proof...

384

BURGLARY.-See CRIMINAL LAW.

robbing a hen-house is burglary.

307

CARRIERS.-See RAILROADS; STREET RAILWAYS.

CHANCERY.-See EQUITY.

CHANCERY PRACTICE.-See PRACTICE.

PAGE.

CHARITIES.

a gift to charity will stand though the manner of manag-
ing the gift falls.......

111
equity will not allow a gift to charity to fail for want of a
trustee......

.462, 111
testator's intention to favor charity must prevail though

the fund might be more judiciously in vested......
instance where bequest to charity will be sustained ....
when bequest to charity will not be held inoperative, as re-
quiring action by city beyond its corporate power.

41
charity defined....

462
the statute of charitable uses of Elizabeth is in force in
Illinois......

462
the English doctrine of superstitious uses is not in force in

Illinois......
a devise to a religious society in trust for saying masses for

the repose of the testator's soul is a valid gift to charity. 162

CHECKS. See BILLS AND NOTES.

CIVIL SERVICE.

the foundation principles of civil service laws are that ap-

pointments to oflice be made according to merit, to be

ascertained by competitive examination ......
legislature of Illinois has power to pass civil service laws. 44
Civil Service act of 1895 is not unconstitutional, as requir-

ing competitive examinations as test of fitness for office. 44
Civil Service act of 1895 does not delegate judicial power

to the commissioners..
the provisions of the Civil Service act concerning punish-

ment for contempt are not unconstitutional.........
the provisions of the Civil Service act concerning punish-

ment for contempt are not violative of the constitutional

right of trial by jury.....
provisions of the Civil Service act concerning the investi-

gation of charges against appointees and their removal

from office are not unconstitutional..........
a public office is not property, nor are the prospective fees

of such office the property of its incumbent......
the Civil Service act of 1895 is not unconstitutional, as be-
ing special legislation...

45
that part of section 35 of Civil Service act which disquali-

fies guilty appointees from holding office is unconstitu-
tional, but does not invalidate act....

15
construction of words “heads of any principal department,”

as used in section 11 of the Civil Service act of 1895..... 15

CIVIL SERVICE.—Continued.

PAGE.
what does not constitute "head" of principal department.. 45
construction of words “whose appointment is subject to

confirmation by the city council," as used in section 11 of
Civil Service act of 1895.....

45
exemption from classification as provided in act cannot be

extended by city ordinance after passage of act......... 45
offices included under classified service by act of 1895...... 45
mandamus lies to compel compliance with the provisions of
Civil Service act.

46

...130,

COLLATERAL ATTACK.

recital of jurisdictional facts in a confirmation judgment

is conclusive of such facts in a collateral proceeding.... 299
recital of jurisdictional facts in a confirmation judgment

cannot be collaterally impeached by the publisher's cer-
tificate and affidavit of mailing notices ...

299
want of jurisdiction to render a confirmation judgment, to

be available for collateral attack, must appear upon the
face of the record......

299

COMMERCIAL PAPER.--See BILLS AND NOTES.

CONDEMNATION.-See EMINENT DOMAIN.

CONDONATION.

condonation is a stricter bar against the husband than
against the wife......

133
condonation is conditioned upon non-repetition of the of-
fense condoned......

133

CONSIDERATION.-See CONTRACTS.

agreement by creditor not to contest judgment which he

believed fraudulent is sufficient consideration for promise

to postpone lien of execution to creditor's attachment.. 123
CONSTITUTIONAL LAW.

the legislature has power to pass civil service laws.... 44
the Civil Service act of 1895 is not unconstitutional in re-

quiring competitive examinations as tests for appoint-
ments to office....

44
the Civil Service act of 1895 is not unconstitutional, as dele-
gating judicial powers to the commissioners

44
provisions of Civil Service act concerning punishment for

contempt are not unconstitutional, as infringing right
of trial by jury....

44
provisions of Civil Service act of 1895 concerning removal

of appointees are not unconstitutional, as depriving such
appointees of property...

44

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