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GARNISIIMENT.--See ATTACHMENT.

PAGE.
court must have jurisdiction of attachment defendant to
render judgment against garnishee......

207
garnishee may question the jurisdiction of court to render

judgment against an attachment defendant, but cannot
complain of irregularities affecting only the latter...... 207

GUARDIAN AND WARD.

final order of probate court as to amount due from guar-

dian to ward is binding on sureties on guardian's bond... 243

HUSBAND AND WIFE.

a mere marriage ceremony does not establish the relation
of husband and wife...

14
capacity and consent are absolutely essential to the mar-
riage relation......

14
the marriage of an insane person is void and its invalidity

may be shown anywhere, either before or after the death
of the participating parties....

14
condonation is a stricter bar against the husband than
against the wife......

133
condonation is conditioned upon non-repetition of the of-
fense condoned......

133
slight acts of violence by wife are not extreme and repeated
cruelty..

133
husband seeking divorce for cruelty must make clear case. 133
where both parties are equally guilty of cruelty neither is
entitled to a divorce ...

133
the mere fact of wife's loaning money to husband, without

showing contractual relation, is not sufficient as against
creditors of the husband ......

576
as against creditors, mere delivery of money by the wife

to the husband does not imply a promise of re-payment. 576
marriage may be valid though not solemnized by ceremony. 632
where parties intending marriage have accepted each

other as man and wife the contract will be enforced .... 632

IMPROVEMENTS.-See SPECIAL ASSESSMENTS.

question of necessity for improvement is for the council.. 253
when special assessment ordinance will not be held void, as
providing for a general improvement.

458

INDICTMENT.-See CRIMINAL LAW.

INJUNCTION.

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

350
when equity will not enjoin use of water power nights and
Sundays..

350

PAGE.

INJUNCTION.-Continued.

enjoining a breach of contract is a negative specific en-
forcement of its terms.

.624, 391
a breach of contract cannot be enjoined if the contract
could not be specifically enforced.....

..624, 391
equity will not enforce, either affirmatively or negatively,
a contract against public policy...

391
equity will not enjoin a breach of contract between street

railways which is, in effect, an agreement never to in-
vade each other's territory..

391
when equity will not enjoin bond issue by corporation..... 131
to warrant enjoining dividend it must appear that corpo-

ration is insolvent or that 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 ...... 181
owner of fee in public street may enjoin construction of a

steam railroad therein, where his interest has not been

condemned, though railroad acts under city ordinance.. 508
collection of tax cannot be enjoined merely because county

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

503
when a breach of contract for theatrical performance can
not be enjoined......

621

INSANE DELUSIONS.—See MENTAL CAPACITY.

a will which is the result of an insane delusion cannot be

sustained........
a belief that a person is a divinity or is possessed of super-

natural powers is an insane delusion....

14

INSOLVENCY.-See DEBTOR AND CREDITOR; VOLUNTARY
ASSIGNMENTS.

INSTRUCTIONS.

instructions should be confined to the issues and conform to
the evidence in the case....

255
erroneous instruction is harmless if not misleading ....572, 314
instruction to find for defendant must be refused if the eri-
dence tends to prove plaintiff's case..

314
an instruction directing a verdict should be asked before
submitting the case to the jury....

378
repetitions of given instructions should be refused...... 378
when instruction concerning permanency of injury is war-
ranted by the evidence....

433
an instruction attempting to define “material facts," with

reference to the effect of their misrepresentation by a
witness, should be refused...

438

PAGE.

INSTRUCTIONS.-Continued.

an instruction in a murder trial requiring the defendant

to “satisfactorily” establish matters of justification or
excuse is erroneous...

473
error in an instruction concerning the law of self-defense

is not cured by instruction requiring People to prove de-
fendant'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

40

INSURANCE.-See BENEFIT SOCIETIES.

question of agent's authority is one of fact......
levy of assessment for dues is prima facie evidence against

members, where record recites a resolution of directors
unanimously ordering assessment......

40

JUDGMENTS AND DECREES.-See RES JUDICATA.

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

100
determination as to amount of benefits by a void judgment
of confirmation is not res judicata.....

147
a judgment for special taxes is a judgment in rem, and can

lawfully operate only against the particular tract against
which the tax is assessed......

182
judgment ordering the sale of lots for the total amount of

taxes assessed against them collectively is unauthorized. 182
final order of probate court as to amount due from guar-

dian to ward is binding on sureties on guardian's bond... 243
judginent refusing a sale for delinquent installment of as-

sessment on ground that ordinance was wholly void is con-
clusive as to other installments....

260
findings of fact by decree are conclusive in absence of a
certificate of evidence

329
order dismissing bill as to part of defendants is not appeal-

able, unless a great hardship or a denial of justice will
result from not allowing appeal ....

434
when an alternative judgment in replevin is in substantial
conformity with the statute.......

... 527
when decree will be binding upon parties not then in being. 640

JUDICIAL NOTICE.

courts do not take judicial notice of city ordinances....... 313

JUDICIAL SALES.

what facts will not re-invest heirs with title divested by
judicial sale...

321

JURISDICTION.

PAGE
court must have jurisdiction of attachment defendant to
render judgment against garnishee......

207
garnishee may question jurisdiction of court to enter judg-

ment against an attachment defendant, but cannot com-

plain of irregularities affecting only the latter...... 207
attachment suit need not be begun nor process served ten

days before return term to entitle plaintiff to judgment
by default at that term

.... 207
service by publication in attachment may be completed

after beginning of return term and default be taken ten
days after last notice......

.... 207
the court cannot waive requirements of the statute con-

cerning the release of a surety on an executor's or ad-
ministrator's bond.....

235
petition for release of a surety on an executor's or admin-
istrator's bond must be filed by surety himself....

235
surety's consent to draft of order for his release, on peti-

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

.... 233
a recital of jurisdictional facts in a confirmation judgment

is conclusive of such facts in a collateral proceeding... 293
the want of jurisdiction to render confirmation judgment,

to be available for collateral attack, must appear upon
the face of the record...

299
an award of arbitrators may be filed in any court of com-
petent jurisdiction for entry of judgment....

410
filing bill to enjoin entry of judgment on award does not

prevent a court of law from taking jurisdiction if no in-
junction is issued....

410
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 confer

jurisdiction on a court of equity to entertain bill in aid
of execution.....

575
in mechanic's lien proceedings the court may render any

decree possible in equity to protect rights of parties..... 587
jurisdiction of equity to enjoin breach of contract is sub-

stantially co-incident with its jurisdiction to compel spe-
cific performance..

..391, 621

LANDLORD AND TENANT.

a landlord is liable for damages to tenant from repairing
building without tenant's consent.....

383
tenant is not bound to object to landlord's entry to inake

repairs before he can hold him liable for damage done .. 384
a landlord relying on a license from tenant as a defense to
a trespass has the burden of proof...

38+

PAGE.

LAW AND FACT.

whether the damages allowed by the jury are excessive is
a question of fact settled in Appellate Court....

9
it is not negligence, as a matter of law, for a person to at-

tempt to cross track ahead of approaching train, when
crossing-gates are down....

9
whether agent had authority to bind principal in particu-
lar case
a question of fact......

40
whether acceptance of amount in default was intended as

a waiver of prior notice of election to declare forfeiture
is a question of fact.....

... 162
on demurrer, the question whether the facts alleged in bill

for specific performance of oral contract to convey land
show sufficient part performance is for the court........ 556

... 612

LICENSES.

a permit attached to a deed will operate merely as a li-

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

612
a license is not assignable, and is revocable at the will of
the licensor

612
a permissive use cannot be made the basis of a claim of

adverse interest...
mere expenditure of money on the faith that license will

not be revoked does not make the license irrevocable, in
absence of fraud or elements of estoppel......

612
LIENS.-See MECHANICS' LIENS.

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
waiver of vendor's lien obtained by fraud is not binding... 405

LIMITATIONS, STATUTE OF.

plea of Statute of Limitations cannot be sustained to ad-

ditional replication merely re-stating grounds of former

replication, filed in time, with immaterial additions..... 122
a permissive use cannot be made the basis of a claim of ad-
verse interest.

612

LOCAL LAWS.-See SPECIAL LEGISLATION.

LUNATICS.-See MENTAL CAPACITY.

MANDAMUS.

no demand or refusal need be shown before suing out writ

to compel the performance of a public duty..
petition must set forth a clear right in relator to have the

thing done and a plain duty on respondent to act.......

16

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