mandamus lies to compel county board to act on complaints
of owners of over-valuation of property by assessor......
a tax cannot be enjoined merely because the county board
refused to review the assessment for an alleged over-
valuation by assessor.....
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......
in mechanic's lien proceedings the court may render any
decree possible to a court of equity to protect the rights
of the parties....
CREDITORS.-See DEBTOR AND CREDITOR.
motion to quash indictment for burglary and larceny is
properly denied, though burglary is imperfectly charged,
if indictment is good for larceny....
rule of strict construction of penal statutes should not be
allowed to defeat the legislative intention...
robbing a hen-house is burglary..........
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...
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 .............
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.....
540
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...
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...
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.....
land actually taken in condemnation must be paid for at
market value, without considering the benefits of the pro-
posed improvements.....
rule forbidding consideration of benefits as to land taken
is not limited to land alone, but extends to property, its
rights or uses....
measure of damages to property not actually taken is its
depreciation in market value by reason of the construc-
tion of the improvement......
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.....
award of damages in condemnation not disturbed on ap-
peal, unless clearly against the evidence ..........
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....
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....
corporate property attached by creditor of former partner-
ship must be identified as having been transferred by the
partnership to corporation.......
bill in aid of execution to set aside fraudulent conveyance
need not aver return of execution nulla bona.....
bill in aid, alleging that conveyance was a sham, made to
defraud creditors, and that the grantee holds title for
grantor, makes a prima facie case of fraud.....................
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.....
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......
statutory provisions concerning conveyances in fraud of
creditors, construed
modes of ascertaining fraudulent intent in the conveyance
of property.....
DEBTOR AND CREDITOR.-Continued.
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........
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 hus-
band does not imply a promise of re-payment.............. ..... 576
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...
when recital in deed as to its purpose cannot be rejected
as repugnant to other provisions....
contents of paper attached to deed are not necessarily a
part of the deed......
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..
parol evidence is admissible to show when undated paper
attached to deed was executed and when and by whom it
was attached.....
when grantor's statement as to why permit was attached
to deed is admissible....
recrimination in divorce is a counter charge by defendant
of a cause of divorce against complainant....
"corporate authorities," as used in constitution, defined... 191
perpetuity defined........
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....
condonation is a stricter bar against the husband than
against the wife.....
condonation is conditioned upon non-repetition of the of-
fense condoned..
husband seeking divorce for cruelty must make clear case. 133
slight acts of violence by the wife are not extreme and re-
peated cruelty....
recrimination in divorce is a counter charge by defendant
of a cause of divorce against complainant.....
divorce is a remedy provided for innocent parties only.....133
extreme and repeated cruelty is a sufficient recriminatory
defense to a like charge..............
where both parties are equally guilty of cruelty neither is
entitled to a divorce.....
husband may be guilty of desertion though he contributes
to wife's support during his absence...........
alimony-allowance of $1000 per year for support of wife
and child not unreasonable where husband's net income
is $2500.....
an interference with a perpetual easement of travel, light
and air is an invasion of property right.......
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.......
rule that election once made is irrevocable applies only to
cases where to permit revocation would prejudice rights
of opposite party..........
mortgagee electing to declare a forfeiture may waive his
election and permit contract of indebtedness to continue
under original terms..
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...
ELEVATED RAILROADS.-See 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.
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....
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.........
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.....
owner of fee in public street may enjoin steam railroad
from constructing its road thereon where his interest has
not been condemned.....
decree pro confesso concludes defendant only as to truth of
bill, and not as to its legal sufficiency.....
an injunction will not lie to adjust rights to water power
which have not been established at law.....
equity will not enforce, either affirmatively or negatively,
a contract against public policy.....
equity will not allow a gift to charity to fail for want of a
trustee......
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......
stockholder seeking to have corporation wound up for ille-
gal action must be free from participation in illegalities
of which he complains
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...
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