CONSTITUTIONAL LAW.—Continued.
a public office is not "property," within the meaning of the
constitution, nor are the prospective fees of the office
the property of its incumbent.....
the Civil Service act of 1895 is not "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.......
section 20 of the act of 1895, authorizing park boards to
levy new assessment where the former one is declared
invalid, is constitutional............
that part of section 3 of the Sidewalk act of 1875 which
creates a personal liability against owner for sidewalk
tax is unconstitutional. ...
section 8 of article 10 of constitution empowers the legisla-
ture to provide for the management of county affairs in
counties adopting township organization.......
term "corporate authorities" defined............
section 4 of article 4 of Township Organization act is con-
stitutional, and does not infringe rule requiring corpo-
rate taxes to be levied by corporate authorities....... 192
section 7 of article 13 of Township Organization act is con-
stitutional....
of words "heads of any principal department," as used in
section 11 of the Civil Service act of 1895....
of words "whose appointment is subject to confirmation by
the city council," as used in section 11 of the Civil Ser-
vice act of 1895...
of Civil Service act of 1895, as to its constitutionality...44, 45
act providing for survival of action for personal injuries re-
sulting in death is for exclusive benefit of next of kin... 100
of section 20 of Park act of 1895, as to its constitutionality. 146
word "streets," used in section 20 of the Park act of 1895, is
broad enough to include boulevards......
of section 4 of article 4 and section 7 of article 13 of Town-
ship Organization act, as to its being constitutional..... 192
intention of parties to contract must be determined from
the contract itself, and not from previous statements,
understandings or agreements....
compromise agreement construed, as extinguishing an ex-
press warranty in original contract......
of School law of 1889, as to meaning of words "for building
purposes" and "for educational purposes".
words "any other building," used in statute defining burg-
lary, held to include hen-house...
rule of strict construction of penal statutes should not be
allowed to defeat the legislative intention.....
of provision of assessment ordinance, as to its making a
proper division into installments.....
of section 123 of Administration act, and sections 10 and 11
of act on abatement, as to their changing rule that death
of parties abates suit....
383
statutes in pari materia are to be construed together....... 383
of section 3 of Park act of 1871, as to notice of commission-
ers' application for confirmation of assessment needing
to be published but once... ...
of language of will as contemplating succession of trustees. 444
of bequest to charity, as to its validity.......
the amendment of 1895 to section 17 of article 9 of the City
and Village act controls a pending proceeding to confirm
a special tax........
of term "special benefits," as used in amendment of 1895 to
section 17 of article 9 of City and Village act.......
of section 4 of Mechanic's Lien act of 1895, as to a school
building being a "public improvement" and a school board
officials of a "municipality”.....
of section 4 of Mechanic's Lien act of 1885, as to when lien
of sub-contractor on public improvement becomes perfect 487
of language of will, as attaching a void condition against
alienation to a fee simple devise......
deeds will be so interpreted as to give effect to the inten-
tion of the parties, if such intention is not in violation of
some rule of law...
provisions of Civil Service act of 1895, concerning punish-
ment for contempt, are not unconstitutional, as infring-
ing right of jury trial.......
affidavit stating merely that defendant was surprised, and
could make a complete defense if allowed time, does not
authorize a continuance...
a retail dealer in meats and provisions impliedly warrants
the soundness and wholesomeness of goods sold for do-
mestic use......
contract prohibiting client from compromising or settling
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 that he will not settle. 100
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
rule that election once made is irrevocable applies only to
cases where to permit a revocation would prejudice the
rights of the opposite party ....
mortgagee electing to declare a forfeiture may waive his
election and permit contract of indebtedness to continue
under original terms.....
intention of parties must be determined from the contract
itself, and not from previous statements, understandings
or agreements......
compromise agreement construed as extinguishing express
warranty in original contract....
a vendor seeking specific performance must show a clear
right to the relief prayed....
specific performance should not be decreed unless the con-
tract was fairly entered into, without misapprehension,
misrepresentation or oppression..............
to defeat a specific performance the evidence need not be
such as would warrant cancellation of contract.......... 264
the time of final payment under a building contract is pre-
sumed to be when the work is completed, in the absence
of any provision to the contrary.....
public contracts which tend to prevent competition or cre-
ate monopoly are void.....
in an action for breach of a contract, witnesses who have
some knowledge of the market value of the subject mat-
ter may testify on question of damages.......
enjoining a breach of a contract is a negative specific en-
forcement of its terms...
a breach of a contract cannot be enjoined if the contract
could not be specifically enforced...
equity will not enforce, either affirmatively or negatively,
a contract against public policy.......
a contract between street railway companies which pre-
vents the discharge of their duties to the public is void,
as against public policy....
fact that a street railway company is not bound to extend
its tracks does not authorize it to contract not to do so.. 391
a contract between street railways which is, in effect, an
agreement never to invade each other's territory, is void,
as against public policy....
member of benefit society agreeing to be bound only by
by-laws of supreme lodge is not bound by by-law passed
by a board of control...
sureties on contractor's bond given to school board are not
liable to sub-contractors, in the absence of any provision
to that effect.......
to warrant reformation of a contract the evidence of the
alleged mistake must be clear.....
a contract must be clear, certain and unambiguous to war-
rant a decree of specific performance..
evidence that a contract of some kind exists, which has
been partly performed, does not authorize a decree of
specific performance...
oral contract to convey land may be specifically enforced
when sufficiently performed to take contract out of oper-
ation of Statute of Frauds..............
effect of assignment of contract as collateral security for
a loan, upon contractor's right to a mechanic's lien...... 587
law in force at date of building contract controls as to time
for filing claim for lien, serving notices and bringing suit,
though repealed before lien is perfected..............
time of performance of building contract is waived by own-
er's acceptance at a later date without objection....... 587
when new contract does not extinguish contractor's right
to lien under old contract..
587
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
part performance of a contract cannot be specifically en-
forced unless provisions of contract are severable....... 624
a special assessment for a permanent improvement should
be borne ratably by life tenant and remainder-man ..... 547
CONVEYANCES.-See DEEDS; MORTGAGES.
statutory provisions concerning conveyances in fraud of
creditors, construed.....
modes of ascertaining fraudulent intent in the conveyance
of property.......
where conveyance is for valuable consideration, fraudulent
intent must be proved without aid of legal presumptions. 575
where conveyance is voluntary, fraudulent intent may be
inferred from circumstances proved.......
what evidence sufficient to show that conveyance was for
a valuable consideration......
when conveyance from mother to son will not be set aside
as fraudulent.....
CORPORATIONS. See MUNICIPAL CORPORATIONS.
incorporation of partnership-what must be shown to sus-
tain attachment levy on corporate property by creditor
of the former partnership...
corporate property attached by a creditor of the former
partnership must be identified as having been trans-
ferred by the partnership to the corporation....... ................ 271
what facts will not work a forfeiture of a religious soci-
ety's exemption from taxation.....
stockholder seeking aid of equity to enforce his right to
examine books and papers must show a denial thereof... 480
stockholder cannot have corporate franchise forfeited on
ground that the corporation is a trust, as such action
must be by the State......
stockholder asking that corporation be wound up for ille-
gal action must be free from participation in illegalities
of which he complains.....
....... 481
equity has no general power to appoint receiver and decree
dissolution outside of that conferred by statute......... 481
a party asking for dissolution of corporation and appoint-
ment of receiver must bring himself within provisions of
section 25 of Corporation act......
when equity will not enjoin issue of bonds
to warrant enjoining dividend it must appear corporation
is insolvent or that its payment will impair the capital.. 481
stockholders may authorize payment of reasonable com-
pensation to parties endorsing corporate paper
confirmation judgment may include costs of entering judg-
ment, as, in contemplation of law, the rendition and en-
try of judgment are simultaneous..
section 8 of article 10 of constitution empowers legislature
to provide for management of county affairs in counties
adopting township organization......
by adopting township organization the people assent to
provisions of the law concerning manner of ascertaining
amount of corporate taxes needed.....
Cook county board is a proper corporate authority to as-
certain the amount of corporate taxes for towns wholly
within limits of incorporated cities of such county...... 192
Township Organization act is constitutional.......
192
the statute imposes an absolute duty on county board to
review assessments for taxation on complaint of owner
of over-valuation by assessor....
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