when equity will not enjoin bond issue by corporation..... 481 to warrant enjoining dividend it must appear that corpora- tion is insolvent or that its payment will impair capital. 481 equity will not enjoin payment of compensation to parties endorsing corporation paper, where it is not shown that the payment was not authorized by stockholders........ 481 a bill in aid of execution may be filed as soon as complain- ant has obtained judgment.... ... 575
proof of defendant's insolvency is not necessary to author- ize equity to entertain a bill in aid of execution......... 575 jurisdiction of equity to enjoin breach of contract is sub- stantially co-incident with the jurisdiction to compel a specific performance....
part performance of a contract cannot be specifically en- forced unless the provisions are severable...
a breach of contract may be enjoined only when the con- tract could be specifically enforced..
a contract cannot be specifically enforced in the absence of mutuality.....
when breach of contract for a theatrical performance will not be enjoined.....
equity will not suffer a right recognized by municipal law to be without a remedy......
the jurisdiction of equity to grant relief does not depend upon precedent....
equity may, in certain cases, order a sale of trust estate conditioned against alienation..... equity may order a sale of trust real estate and order re- investment when necessary to preserve the property to both life tenant and remainder-man... when decree will be binding upon parties not then in being. 640
ESTOPPEL.-See ESTOPPEL BY VERDICT.
lot owner may be estopped to question the description of his property in a special assessment roll though the plat of the same is not recorded...................
where former adjudication is relied on as an absolute bar there must be identity of parties, subject matter and cause of action.....
to constitute estoppel by verdict it is not necessary that the causes of action be the same...... judgment refusing sale for delinquent installment of as- sessment on the ground the ordinance was wholly void is conclusive as to other installments....
ESTOPPEL BY VERDICT.-Continued.
one invoking an estoppel by verdict has the burden of prov- ing that the precise question involved was raised and de- termined in the former suit......
prior judgment will not operate as an estoppel where the evidence fails to show the judgment, or that the control- ling facts were the same in each case.
evidence in a will contest reviewed, and held sufficient to sustain the charges of undue influence and want of testa- mentary capacity......
evidence reviewed, and held sufficient to warrant annulling marriage in proceeding begun after death of one party. 15 what is not admissible to show that acceptance of interest due was not a waiver of a prior notice of election to de- clare a forfeiture....
the collector's application for judgment of sale, if regular in form, is prima facie sufficient to authorize judgment... 249 fact that eye-witnesses of accident differ in their respective descriptions is not a discrediting circumstance.... 255 admission of evidence in rebuttal rests with trial court.... 255 one invoking an estoppel by verdict has the burden of prov- ing that the precise question involved was raised and de- termined in the former suit......
prior judgment will not operate as an estoppel, where the evidence fails to show the judgment or that the control- ling facts were the same in each case......
in absence of a demurrer an ordinance is admissible though imperfectly pleaded...............
when provision of ordinance is admissible under an aver- ment of negligence in violating the same.... evidence that deceased was a man of careful habits is ad- missible in action for negligence, where no one witnessed accident....
testimony of witness at a former trial cannot be proved by bill of exceptions.....
in an action against railroad for negligence a witness may testify that train was running fast, though unable to in- dicate rate of speed......
running train through city at speed prohibited by ordinance raises presumption of negligence, but is not conclusive.. 314 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.. where witnesses have some knowledge of market value the extent of such knowledge affects merely the weight to be given their testimony....
one relying on a license as a defense to a trespass has the burden of proof.....
to warrant reformation of a contract the evidence of the alleged mistake must be clear........... evidence that a contract of some kind exists that has been partly performed does not authorize a decree of specific performance...
to authorize a decree of specific performance the material parts of the contract must be clearly proved or admitted by the pleadings....
what not sufficient to sustain conviction for robbery.. 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..... modes of ascertaining fraudulent intent in the conveyance of property.....
where conveyance is for valuable consideration, proof of fraudulent intent must be clear and without the aid of legal presumptions......
where conveyance is voluntary, fraudulent intent may be inferred from circumstances proved....
what sufficient to show that conveyance was for a valuable consideration.....
when verbal admissions are entitled to but little weight... 576 as against creditors, the mere delivery of money by wife to husband does not imply a promise of re-payment ....... parol evidence is admissible to show when an undated paper attached to a deed was executed and when and by whom it was attached......
when statement by grantor as to why a written permit was attached to a deed is admissible... whether the marriage relation exists is always a matter of evidence....
the presumption of the continuance of a relation meretri- cious in its inception is not conclusive..... what sufficient to establish a common law marriage........ 633
EXECUTORS AND ADMINISTRATORS.
a discretionary power vested in an executrix to sell land does not pass to administrator with the will annexed.... 229 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.....
EXECUTORS AND ADMINISTRATORS.-Continued.
heirs are not entitled to notice of application for release of surety on executor's bond....... petition for release of surety on executor's or administra- tor's bond must be filed by surety himself............. surety's consent to draft of order for release, on petition of administrator, does not give the court jurisdiction to release him...... administrator has no right of appeal from order directing him to inventory land as part of decedent's estate....... 608
EXTREME CRUELTY.-See DIVORCE.
complainant is not entitled to foreclosure on other grounds where the evidence disproves the case made by the bill. 362
FORFEITURE.—See ELECTION.
what facts will not work a forfeiture of a religious so- ciety's exemption from taxation......
Whipple v. Eddy, 161 Ill. 114, distinguished, as to effect of be- lief in spiritualism on question of testamentary capacity 14 Sheffer v. Willoughby, 163 Ill. 518, distinguished, as to implied warranty of soundness of articles sold for domestic use.. Hanchett v. Ives, 133 Ill. 332, explained, as being merely a de- cision on the law of the case, leaving the question of fact for another trial.....
language used in Culver v. People, 161 Ill. 89, explained, and limited in its application...
West Chicago Park Comrs. v. Sweet, 167 Ill. 326, followed, as to constitutionality of section 20 of act of 1895, concern- ing park boards
Ryan v. People, 165 Ill. 143, followed, as to final order of pro- bate court concerning amount due ward being binding on sureties on guardian's bond...................
Doremus v. People, 161 Ill. 26, and Gage v. People, 162 id. 313, followed, and Hull v. City of Chicago, 156 id. 381, overruled in part, as to effect of attaching copy of report of com- missioner of public works to assessment petition......... 267 Gage v. People, 163 Ill. 39, followed, as to practice on appeal, where judgment of sale for taxes is informal..... Moore v. Parish, 163 Ill. 93, and Blanchard v. Fried, 162 id. 462, explained, as to when single mechanic's lien cannot be apportioned among distinct properties.
FORMER CASES.-Continued. language used in Lehmer v. People, 80 Ill. 601, disapproved, as to necessity for city to condemn private property be- fore assessing for its improvement................. observations in Boynton v. People, 159 Ill. 553, overruled; as to whether question as to city's having acquired private property may be raised in proceedings to assess for its improvement.
Thorn v. West Chicago Park Comrs. 130 Ill. 594, distinguished, as to its not being necessary for park commissioners to show legality of selection of street on assessing for its improvement as a boulevard...
O'Neil v. People, 166 Ill. 561, followed, as to when a special assessment ordinance will not be held void, as providing for a general improvement ....
Doane v. Lake Street Elevated Railroad Co. 165 Ill. 510, distin- guished, as to right of owner of fee in public street to enjoin construction of railroad People v. Smith, 149 Ill. 549, followed, as to necessity for valid certificate of school tax levy to support tax..........
FRAUD.-See STATUTE OF FRAUDS.
a bill in aid of execution to set aside a fraudulent convey- ance need not aver the return of an execution nulla bona. 329 a bill in aid, alleging that conveyance was a sham, made to defraud creditors, and that grantee holds the title for grantor, makes a prima facie case of fraud.........
a waiver of a vendor's lien obtained by fraud is not binding. 405 statutory provisions concerning conveyances in fraud of creditors, construed.....
modes of ascertaining fraudulent intent in the conveyance of property..............
where the conveyance is for valuable consideration, proof of fraudulent intent must be clear, without resorting to legal presumptions.....
where conveyance is voluntary, fraudulent intent may be inferred from circumstances proved.....
when conveyance from mother to son will not be set aside as fraudulent.
appeal from decree involving freehold lies to Appellate Court where the only question raised relates to matters of account.......
a freehold is involved in an appeal from a decree holding a devise of real estate void
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