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EQUITY.-Continued.

PAGE

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....

....391, 624

part performance of a contract cannot be specifically en-
forced unless the provisions are severable...

.... 624

......

a breach of contract may be enjoined only when the con-
tract could be specifically enforced..

....391, 624

.....391, 624

a contract cannot be specifically enforced in the absence
of mutuality.....

when breach of contract for a theatrical performance will
not be enjoined.....

.... 624

equity will not suffer a right recognized by municipal law
to be without a remedy......

.... 640

the jurisdiction of equity to grant relief does not depend
upon precedent....

.... 640

640

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...................

ESTOPPEL BY VERDICT.

where former adjudication is relied on as an absolute bar
there must be identity of parties, subject matter and
cause of action.....

640

370

260

260

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....

260

ESTOPPEL BY VERDICT.-Continued.

PAGE.

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......

299

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.

299

EVIDENCE.

evidence in a will contest reviewed, and held sufficient to
sustain the charges of undue influence and want of testa-
mentary capacity......

14

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....

163

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......

299

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......

299

in absence of a demurrer an ordinance is admissible though
imperfectly pleaded...............

313

313

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....

..... 313

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

313

in an action against railroad for negligence a witness may
testify that train was running fast, though unable to in-
dicate rate of speed......

314

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....

378

378

EVIDENCE.-Continued.

PAGE.

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

... 384

.......

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...

497

.... 497

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.....

497

50

..... 540

where conveyance is for valuable consideration, proof of
fraudulent intent must be clear and without the aid of
legal presumptions......

....

575

575

where conveyance is voluntary, fraudulent intent may be
inferred from circumstances proved....

575

what sufficient to show that conveyance was for a valuable
consideration.....

575

576

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......

..... 612

... 612

....

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....

632

632

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......

235

the court cannot waive requirements of statute concern-
ing mode of releasing surety on executor's or administra-
tor's bond.....

235

EXECUTORS AND ADMINISTRATORS.-Continued.

PAGE.

235

235

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.

FORECLOSURE.

235

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......

FORMER CASES.

304

93

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.....

122

language used in Culver v. People, 161 Ill. 89, explained, and
limited in its application...

146

West Chicago Park Comrs. v. Sweet, 167 Ill. 326, followed, as
to constitutionality of section 20 of act of 1895, concern-
ing park boards

146

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...................

243

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.

268

284

PAGE.

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...

357

357

.... 424

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 ....

... 458

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..........

... 508

544

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.........

329

a waiver of a vendor's lien obtained by fraud is not binding. 405
statutory provisions concerning conveyances in fraud of
creditors, construed.....

... 575

.....

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.....

575

..... 575

where conveyance is voluntary, fraudulent intent may be
inferred from circumstances proved.....

575

when conveyance from mother to son will not be set aside
as fraudulent.

576

FREEHOLD.

appeal from decree involving freehold lies to Appellate
Court where the only question raised relates to matters
of account.......

423

a freehold is involved in an appeal from a decree holding a
devise of real estate void

462

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