mandamus lies to compel the civil service commissioners to
comply with provisions of Civil Service act..........130, 46
mandamus will lie to compel county board to act on com-
plaints by owners as to alleged over-valuation of their
property by the assessor.....
the marriage of an insane person is void, and its invalidity
may be shown in any court between any parties, before
or after the death of the participants........
marriage ceremony alone does not establish the relation of
husband and wife....
capacity and consent are absolutely essential to the mar-
riage relation, but celebration only contingently so.....
one does not possess sufficient mental capacity to enter the
marriage relation whose mind is not sane with respect to
the thing done.....
evidence reviewed and held sufficient to warrant annulling
of marriage in proceeding begun after death of one party 15
marriage may be valid though not solemnized by ceremony. 632
whether the marriage relation exists is always a matter of
evidence, and may be proved by records or other 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
the doctrine of respondeat superior does not apply to a board
of education employing men to erect a school building,
as the board is the agent of the State... . . .
city co-operating with school board in erecting a school
building is not liable as master of the men employed.... 332
requirements of statute preliminary to establishing a lien
must be substantially complied with.... . ..
prior to act of 1895 a mechanic was not entitled to a single
lien on distinct properties, not constituting one block
under a single roof...
prior to 1895 a mechanic's lien on several properties rested
on each to the amount bestowed on that particular one. 284
a single lien cannot be apportioned among several proper-
ties where the statement of claim does not show amount
due against each particular property...
in absence of express provision in contract time of final
payment is presumed to be when the work is completed.. 284
MECHANICS' LIENS.-Continued.
under section 24 of the Mechanic's Lien act of 1895 a school
building is a "public improvement," and school boards are
officials of a "municipality"...
under section 24 of Mechanic's Lien act of 1895 a sub-con-
tractor's lien on a public improvement becomes perfect
upon service of notice on "officials," as therein provided. 487
a sub-contractor obtaining an order on school board from
a contractor is not entitled to priority over others who
have served notices on such board pursuant to law....... 487
effect of assignment of building contract as collateral se-
curity for loan, upon right of contractor to lien.......
in mechanic's lien proceedings the court may render any
decree possible to a court of equity in order to protect
the rights of the parties......
law in force at date of contract governs as to filing claim
for a lien, serving notices and bringing suit, though re-
pealed before lien is perfected................
time of performance is waived by owner's acceptance of
building at later date without objection...
when new contract will not extinguish right to lien under
the old contract.....
ability to transact ordinary business is not conclusive of
testamentary capacity if testator is possessed of an in-
sane delusion which influences his will....
a will prompted by an insane delusion cannot be sustained. 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.......
one does not possess sufficient mental capacity to enter the
marriage relation whose mind is not sane with respect to
the thing done....
to warrant reformation of a contract the evidence of the
alleged mistake must be clear
a mortgagee electing to declare a forfeiture may waive his
election and permit the contract of indebtedness to con-
tinue under the original terms..
mere acceptance by mortgagee of amount in default is not
a waiver of prior notice of election to declare forfeiture. 162
whether acceptance of an amount in default was intended
as a waiver of a prior notice of election to declare for-
feiture is a question of fact......
a complainant is not entitled to foreclosure on other grounds
where the evidence disproves the case made by the bill. 362
fact that insolvent fails to schedule his equity of redemp-
tion, in fraud of creditors, does not defeat his equity as
against a purchaser with notice of the facts.....
owner of equity of redemption consenting to an exchange
of properties is confined to the new property on seeking
to redeem
owner of equity of redemption consenting to an exchange
of properties is not entitled to an accounting from the
legal owner on basis of value of original property....... 552
MUNICIPAL CORPORATIONS.-See CIVIL SERVICE; PARKS.
the foundation principles of civil service laws are that
appointments to municipal offices be made according to
merit, ascertained by competitive examinations.....
the Civil Service act of 1895 is constitutional......
exemption from classified service, as provided in Civil Ser-
vice act, cannot be extended by ordinance..........
what municipal offices included under classified service, as
provided in Civil Service act of 1895......
mundamus lies to compel compliance with provisions of the
Civil Service act .....
an ordinance held invalid because it attempted an illegal
division of assessment into installments is a proper basis
for a new assessment..
special assessment may be levied on contiguous property
without thereby becoming a special tax...........
the fact that former invalid assessment was on contiguous
property does not prevent a new assessment from being
levied on property benefited.......
the determination of benefits under a void judgment of con-
firmation is not res judicata ....
a general improvement ordinance may be incorporated in
subsequent ordinance by reference......
provision of a sidewalk ordinance requiring notice to be
given lot owners to build must be complied with before
owner can be put in default......
sidewalk ordinance which does not show grade for walk, or
whether walk adjoins curb line or property line, is uncer-
tain in description...............
commissioners' estimate of cost cannot be resorted to, to
aid defective description in ordinance.....
question of necessity for improvement is for the council... 253
the doctrine of respondeat superior does not apply to a board
of education employing men to erect a school building,
as the board is the agent of the State.....
MUNICIPAL CORPORATIONS.-Continued.
a city co-operating with a school board in erecting a school
building is not liable as master of the men employed... 332
in providing for public improvement a city may make some
particular material the standard of quality, but cannot
provide for its exclusive use...
prior to the act of 1897 a municipal corporation was not re-
quired to condemn private property before assessing for
its improvement.......
prior to act of 1897 question whether a city had acquired
private property by condemnation could not be raised in
proceeding to assess for its improvement
adoption by a city of an ordinance to improve private prop-
erty is an assumption of duty to condemn same...
remedies of property owner in case the city proceeds to im-
prove private property before condemning the same..... 357
an assessment ordinance need not show that the improve-
ment will be beneficial ....
the fact that the street to be improved contains a jog does
not make the improvement double........
an assessment against property may be set aside by agree-
ment between the city and the owner...
in the absence of fraud or collusion an agreement releasing
assessment against one property does not invalidate the
assessment against others..
MURDER.-See CRIMINAL LAW.
MUTUAL INSURANCE.-See BENEFIT SOCIETIES.
it is not negligence per se, as a matter of law, for a person
to attempt to cross track ahead of an approaching train
when the crossing-gates are down.....
evidence that deceased was a man of careful habits is ad-
missible, where no one witnessed the accident........... 313
in an action against a railroad company a witness may tes-
tify that train was running fast, though he is unable to
indicate the rate of speed.................
running train through city at prohibited speed raises pre-
sumption of negligence, but is not conclusive...
NEGOTIABLE INSTRUMENTS.-See BILLS AND NOTES.
heirs are not entitled to notice of application for release
of surety on executor's bond.......
a defendant served with summons is presumed to know that
amendments may be made without special notice to him. 243
NOTICE.-Continued.
defendant duly served is charged with notice of successive
steps taken in suit, in absence of rule of court requiring
special notice....
ORDINANCES.-See PLEADING.
a general improvement ordinance may be incorporated in
a subsequent ordinance by reference....
a copy of a special tax ordinance may be filed, before the
hearing, as an amendment to the report to the collector
of unpaid taxes...
ordinance which does not show grade for walk, or whether
walk adjoins curb line or property line, is uncertain...... 253
commissioners' estimate of cost cannot be resorted to, to
aid defective description in ordinance............
an ordinance which tends to prevent competition or create
monopoly is void...................
extrinsic evidence is admissible to show that an ordinance
tends to prevent competition and create monopoly...... 338
a mere inaccuracy of description in an improvement ordi-
nance, which may be cured by reference to an attached
plat, does not invalidate the ordinance.....
when assessment ordinance will not be held void as provid-
ing for a general improvement.....
section 20 of the act of 1895, authorizing park boards to
levy new assessment where former one is declared invalid,
is constitutional......
under Park act of 1873 town boards levied park assessments
only at request of park commissioners...
since act of 1895 park boards may levy assessments without
the assistance of the town board....
park board may levy new assessment though former ordi-
nance was passed by town board at park board's request. 146
Park act of 1895 did not repeal the act of 1873, but leaves
it to the discretion of park boards to act independently
or through town boards.
Park acts of 1873 and 1895 do not duplicate municipal au-
thority over the same territory, as under each the park
boards initiate all assessments......
... 146
word "streets," used in section 20 of the Park act of 1895, is
broad enough to include boulevards....
.... 147
on levying an assessment to improve boulevard the regu-
larity of the steps by which the commissioners acquired
the street need not be shown.....
......424, 370
selection of street by commissioners for boulevard and the
improvement of the same are distinct proceedings...... 424
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