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

......391, 621
when breach of contract for a theatrical performance will
not be enjoined....

... 621
equity will not suffer a right recognized by municipal law
to be without a remedy....

610
the jurisdiction of equity to grant relief does not depend
upon precedent....

610
equity may, in certain cases, order a sale of trust estate
conditioned against alienation......

610
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...

640
when decree will be binding upon parties not then in being. 610

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......

370

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......

260
to constitute estoppel by verdict it is not necessary that
the causes of action be the same..

260
judgment refusing sale for delinquent installment of as-

sessment on the ground the ordinance was wholly void is
conclusive as to other installinents.

260

PAGE.

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......

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

14

EVIDENCE.

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.....

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
when provision of ordinance is admissible under an aver-
ment of negligence in violating the same.....

313
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.......
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.....

378
where witnesses have some knowledge of market value the

extent of such knowledge affects merely the weight to be
given their testimony...

378

... 314

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......

497
evidence that a contract of some kind exists that has been

partly performed does not authorize a decree of specific
performance.

... 497
to authorize a decree of specific performance the material

parts of the contract must be clearly proved or admitted
by the pleadings......

497
what not sufficient to sustain conviction for robbery... 50
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....

510
modes of ascertaining fraudulent intent in the conveyance
of property.....

575
where conveyance is for valuable consideration, proof of

fraudulent intent must be clear and without the aid of
legal presumptions......

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
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 ... ... 576
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
when statement by grantor as to why a written permit was
attached to a deed is admissible...

612
whether the marriage relation exists is always a matter of
evidence.....

.... 632
the presumption of the continuance of a relation meretri-
cious in its inception is not conclusive .....

632
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

PAGE.

EXECUTORS AND ADMINISTRATORS.-Continued.

heirs are not entitled to notice of application for release
of surety on executor's bond..

235
petition for release of surety on executor's or administra-
tor's bond must be filed by surety himself.....

235
surety's consent to draft of order for release, on petition

of administrator, does not give the court jurisdiction to
release him......

235
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.

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.....

301

FORMER CASES.

Whipple v. Eddy, 161 111. 114, distinguished, as to effect of be-

lief in spiritualism on question of testamentary capacity 14
Sheffer v. Willoughby, 163 111. 518, distinguished, as to implied

warranty of soundness of articles sold for domestic use.. 93
Hanchet v. Ives, 133 111. 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 III. 89, explained, and
limited in its application ..

· 146
West Chicago Park Comrs. v. Sweet, 167 1l. 326, followed, as

to constitutionality of section 20 of act of 1895, concern-
ing park boards .....

146
Ryan v.

People, 165 Ill. 14:3, 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, 161 111. 26, and Gage v. People, 162 id. 313,

followed, and lIull 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, 163 111. 39, followed, as to practice on appeal,
where judgment of sale for taxes is informal.....

268
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 ..

281

FORMER CASES.-Continued.

PAGE.
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.....

357
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.

357
Thorn v. West Chicago Purk Comrs. 130 I11. 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.....

+2+
O'Neil v. People, 166 I11. 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 ..

.. 508
People v. Smith, 149 111. 549, followed, as to necessity for valid
certificate of school tax levy to support tax......

514

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 intentin the conveyance
of property......

.... 575
where the conveyance is for valuable consideration, proof

of frauduient intent must be clear, without resorting to
legal presumptions...

... 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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