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PAGE.

COUNTIES.-Continued.

mandamus lies to compel county board to act on complaints

of owners of over-valuation of property by assessor...... 563
a tax cannot be enjoined merely because the county board

refused to review the assessment for an alleged over-
valuation by assessor.....

563

COURTS.-See APPEALS AND ERRORS; JURISDICTION.

courts do not take judicial notice of city ordinances....... 313
appeal from a decree involving freehold lies to Appellate

Court where the only question raised relates to matters
of account.....

423
in mechanic's lien proceedings the court may render any

decree possible to a court of equity to protect the rights
of the parties....

. 587

CREDITORS.-See DEBTOR AND CREDITOR.

CRIMINAL LAW.

motion to quash indictment for burglary and larceny is

properly denied, though burglary is imperfectly charged,
if indictment is good for larceny....

307
rule of strict construction of penal statutes should not be
allowed to defeat the legislative intention...

307
robbing a hen-house is burglary....

307
instruction requiring defendant to “satisfactorily” estab-

lish matters of justification or excuse is erroneous 473
error in an instruction concerning law of self-defense not

cured by instruction requiring the People to establish
defendant's guilt beyond reasonable doubt....

473
not error to give instruction repeating section 149 of Crim-

inal Code, if followed by another stating the law of self-
defense where danger is only apparent ....

473
the gist of robbery, as distinguished from larceny from the
person, consists in the force or intimidation used......

540
to constitute robbery the force used must be such as over-

comes the owner's power to retain his property, whether
by actual violence or intimidation....

510
what not sufficient to sustain conviction for robbery....... 540
where, under the evidence, it is doubtful whether the crime

is robbery or larceny from the person, the doubt should
be resolved in favor of the lesser offense..

540

DAMAGES.

right of adult children to recover damages for negligent

killing of parent.......
whether the damages allowed by the jury are excessive is

a question of fact settled in Appellate Court.

9

9

DAMAGES.-Continued.

PAGE.
where evidence tends to show that adult children derived

benefit from parent's life, the pecuniary value of such
benefit is a question for the jury....

9
land actually taken in condemnation must be paid for at

market value, without considering the benefits of the pro-
posed improvements.. ...

... 170
rule forbidding consideration of benefits as to land taken

is not limited to land alone, but extends to property, its
rights or uses....

... 170
measure of damages to property not actually taken is its

depreciation in market value by reason of the construc-
tion of the improvement.......

170
effect of improvement on property not taken must be con-

sidered as a whole, and not as to particular features.... 170
damage to property not taken is not determined by any
principle of set-off......

170
award of damages in condemnation not disturbed on ap-
peal, unless clearly against the evidence .....

171
in an action for breach of contract, witnesses who have

some knowledge of the market value of the subject mat-
ter may testify on question of damages...

378

DEBTOR AND CREDI OR.

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
incorporation of partnership—what must be shown to sus-

tain attachment levy on corporate property by creditor
of partnership......

271
corporate property attached by creditor of former partner-

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

271
bill in aid of execution to set aside fraudulent conveyance
need not aver return of execution nulla bona......

329
bill in aid, alleging that conveyance was a sham, made to

defraud creditors, and that the grantee holds title for

grantor, makes a prima fucie case of fraud....... ... 329
where a condition attached to a fee simple devise is void,

upon the assignment by the devisee for creditors the land
must be scheduled as assets.....

... 502
a bill in aid of execution may be filed as soon as complain-

ant has obtained judgment, and without proof of defend-
ant's insolvency......

575
statutory provisions concerning conveyances in fraud of
creditors, construed

575
modes of ascertaining fraudulent intent in the conveyance
of property....

... 575

DEBTOR AND CREDITOR.--Continued.

PAGE.
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........

575
when conveyance will not be set aside as fraudulent.. 575
fact of wife's loaning money to husband, without showing

contractual relation, not sufficient as against creditors.. 576
as against creditors, mere delivery of money by wife to bus-
band does not imply a promise of re-payment....

576

DEEDS.

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....

519
when recital in deed as to its purpose cannot be rejected
as repugnant to other provisions...

519
contents of paper attached to deed are not necessarily a
part of the deed.......

612
a permit attached to deed operates only as a license, in the

absence of anything to show it was intended to be part
of the deed......

612
parol evidence is admissible to show when undated paper

attached to deed was executed and when and by whom it
was attached......

.. 612
when grantor's statement as to why permit was attached
to deed is admissible...

612

DEFINITIONS.

recrimination in divorce is a counter charge by defendant
of a cause of divorce against complainant....

133
“corporate authorities,” as used in constitution, defined... 191
perpetuity defined..

229
charity defined...

462

DEMURRER.-See PLEADING.

DESCRIPTION.

a lot owner may be estopped to question description of his

property in assessment roll though plat is not recorded.. 373
a mere inaccuracy of description in an improvement ordi-

nance, which may be cured by reference to attached plat,
does not invalidate the ordinance....

376

DESERTION-See DIVORCE.

DIVORCE.

condonation is a stricter bar against the husband than

against the wife.....

133

DIVORCE.-Continued.

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

133
husband seeking divorce for cruelty must make clear case. 133
slight acts of violence by the wife are not extreme and re-
peated cruelty......

133
recrimination in divorce is a counter charge by defendant
of a cause of divorce against complainant......

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
husband may be guilty of desertion though he contributes
to wife's support during his absence..

633
alimony-allowance of $1000 per year for support of wife

and child not unreasonable where husband's net income
is $2500...

... 633

EASEMENTS.-See LICENSE.

an interference with a perpetual easement of travel, light
and air is an invasion of property right.....

170
the rule that land taken by condemnation must be paid for

without considering benefits, applies to the property, its

rights or uses, taken or physically interfered with ...... 170
a permissive use of an easement cannot be made the basis
of a claim of adverse interest....

612

ELECTION.

rule that election once made is irrevocable applies only to

cases where to permit revocation would prejudice rights
of opposite party.....

.... 162
mortgagee electing to declare a forfeiture may waive his

election and permit contract of indebtedness to continue
under original terms..

... 162
mere acceptance by mortgagee of amount in default is not

waiver of prior notice of election to declare forfeiture.. 162
whether acceptance of amount in default was intended as

a waiver of a prior notice of election to declare a for-
feiture is a question of fact......

162

ELEVATED RAILROADS.-See EMINENT DOMAIN.

EMINENT DOMAIN.

interference by an elevated railroad with a perpetual ease-

ment of travel, light and air invades a property right... 170
land lying under the projecting superstructure of an ele-

vated railroad is “taken" to the extent of such projection. 170

EMINENT DOMAIN.-Continued.

PAGE.
land actually taken must be paid for at its market value,

without considering benefits of proposed improvement.. 170
rule forbidding consideration of benefits as to land taken

is not limited to land alone, but extends to property, its

rights and uses, taken or physically interfered with..... 170
measure of damages to property not actually taken is its

depreciation in market value by reason of the construc-
tion of the improvement.....

170
effect of improvement on property not actually taken must

be considered as a whole, and not as to certain features. 170
damage to property not taken is not determined by any
principle of set-off.........

170
award of damages in condemnation will not be disturbed

on appeal, unless clearly against the evidence..... 171
prior to act of 1897 a city was not required to condemn pri-

vate property before assessing for its improvement..... 357
the adoption of an ordinance for improving private prop-

erty is an assumption by city of duty to condemn.... 357
steam railroad cannot use public street, where fee is in

abutting owner, without condemning his interest, though
acting under city ordinance.....

... 508
owner of fee in public street may enjoin steam railroad

from constructing its road thereon where his interest has
not been condemned .

508

EQUITY.

decree pro confesso concludes defendant only as to truth of
bill, and not as to its legal sufficiency....

100
an injunction will not lie to adjust rights to water power
which have not been established at law.....

350
equity will not enforce, either affirmatively or negatively,
a contract against public policy......

391
equity will not allow a gift to charity to fail for want of a
trustee...

.462, 444
a 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 the corporation is a trust, as such action must be
taken by the State.....

480
stockholder seeking to have corporation 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 receivers and de-

cree dissolution, outside of that conferred by statute.... 481
party asking for dissolution of a corporation and appoint-

ment of receiver must bring himself within section 25 of
the Corporation act....

481

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