a street passes under the control of park commissioners on
completing proceedings for its selection for a boulevard. 424
legality of proceedings by which commissioners selected
street for a boulevard may be questioned by quo warranto. 424
notice of park commissioners' application for confirmation
of assessment need be published but once.
the common law rule that death of the parties abates the
suit has been changed by statute in Illinois..........
death of sole parties does not abate suit if the action is one
which survives .....
the trustees of an unincorporated religious society made a
beneficiary are proper parties to bill to construe will, and
may appeal from decree holding devise void.......
462
when decree will be binding on parties not then in being.. 640
partition decree will not be reversed at the instance of a
tenant, where the record fails to show the duration of
a devise is void if violation of the rule against perpetuities
may possibly happen, whether the devise creates an ab-
solute or a trust estate.....
a devise in trust which makes no provision for the vesting
of the fee at any time is void..
providing for the appointment of trustees "for all time to
come" indicates an intention to create a perpetuity..... 229
a decree pro confesso concludes the defendant only as to the
truth of the bill, and not as to its legal sufficiency... 100
when additional replication filed after trial does not change
issues....
plea of Statute of Limitations cannot be sustained to an
additional replication merely re-stating ground of former
replication, filed in time, with immaterial additions..... 122
criminal-motion to quash indictment for burglary and lar-
ceny is properly denied, though burglary is imperfectly
charged, if indictment is good for larceny....
courts do not take judicial notice of city ordinances ...... 313
ordinance need not be set out in hæc verba, but must be suf-
ficiently pleaded...
declaration averring an act to be "in violation of an ordi-
nance of said city in such case made and provided" does
not sufficiently plead the ordinance...............
in the absence of a demurrer an ordinance may be admit-
ted in evidence though imperfectly pleaded.............
equity-bill in aid of execution to set aside fraudulent con-
veyance need not aver the return of execution nulla bona. 329
bill in aid, alleging that conveyance was a sham, made to
defraud creditors, and that the grantee holds title for
grantor, makes a prima facie case of fraud.......................
petition for paving assessment need not recite former or-
dinance by which grade of street was established...... 344
equity-allegations, proof and decree must correspond.... 362
where the evidence disproves the case made by the bill the
complainant is not entitled to relief on other grounds
disclosed by the evidence, in absence of amendment..... 362
demurrer to special plea cannot be carried back to decla-
ration if plea of general issue is on file................
pleading to the merits waives objections to declaration not
going to the substance of right of recovery.............
defects in form of declaration are cured by verdict............... 417
after answering, the defendant cannot demur a second time
to the whole amended bill...
demurrer to bill, amended after answer, is confined to mat-
ter of amendment.......
failure to stand by replication waives error in sustaining
demurrer thereto......
filing an amended declaration against one defendant is a
dismissal of the action as against other parties joined in
original declaration....
defense of Statute of Frauds may be raised by demurrer,
where a bill for specific performance shows affirmatively
that part of the contract to convey is in parol........... 556
on demurrer, question whether the facts alleged in bill for
specific performance of oral contract to convey land show
sufficient part performance is for court.....
556
Statute of Frauds cannot be invoked to perpetrate a fraud. 556
discretionary power vested in executrix to sell land does
not pass to administrator with the will annexed........ 229
when a residuary bequest does not operate as an exercise
of a power of appointment....
existence of power of appointment in the life tenant does
not prevent the remainder from being vested...................
a remainder may vest subject to a power in the trustee to
enlarge the life estate into a fee.....
in chancery-decree pro confesso concludes defendant only
as to truth of bill, not its legal sufficiency..
court may refuse to set aside submission of case to court,
though further pleadings were had after trial, if the is-
sues were not changed thereby...............
a lot owner, by appearing and defending an application for
judgment of sale for taxes, does not subject himself to a
personal judgment.....
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..
in chancery-rule that party obtaining decree must pre-
serve evidence to avoid reversal applies only where de-
cree grants affirmative relief......
complainant must preserve all the evidence on appealing
from a decree dismissing his bill for want of equity..... 205
decree dismissing bill for want of equity will be sustained
on appeal the where complainant preserves but part of
the evidence....
Practice act does not control attachment proceedings in
matters where Attachment act has made other provision. 207
an attachment suit need not be begun or process be served
ten days before return term to authorize a judgment by
default at return term ...
service by publication in attachment may be completed
after beginning of return term and default be taken ten
days after last notice.....
chancellor's findings of fact on conflicting oral testimony
not disturbed on appeal, unless clearly against the weight
of evidence......
a defendant served with summons is presumed to know that
amendments may be made without special notice to him. 243
in the absence of rule of court to the contrary, a defendant
duly served is charged with notice of successive steps
taken in the case......
Supreme Court will not award new trial because judgment
of sale for taxes is informal, but will direct an entry of
judgment in proper form. ...
demurrer to special plea cannot be carried back to decla-
ration if plea of general issue is on file ......
pleading to the merits waives objections to declaration not
going to substance of right of recovery....
defects in form of declaration are cured by verdict....
appeal from decree involving freehold lies to the Appellate
Court where the only question raised relates to matters
of accounting.
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 an appeal........
party trying case on one theory cannot abandon it and sub-
stitute another on appeal.....
an appeal must be dismissed where the record fails to show
that appellant has an appealable interest....
an order directing an administrator to inventory land as
part of decedent's estate is not a final, appealable order. 609
PRESUMPTIONS.-See EVIDENCE.
the time of final payment under a building contract is pre-
sumed to be when the work is completed, in the absence
of any provision to the contrary......
running train through city at prohibited speed raises pre-
sumption of negligence, but is not conclusive...
presumptions are in favor of validity of award.... .... 410
an award is presumed to be only upon the question submit-
ted for arbitration......
allegations of assessment petition presumed, on appeal, to
have been proven, in absence of bill of exceptions....... 425
trial court's action in excluding evidence is presumed cor-
rect in absence of bill of exceptions.......
the presumption of the continuance of a relation meretri-
cious in its inception is not conclusive.....
whether agent had authority to bind principal in a particu-
lar case is a question of fact......
a subordinate lodge is the agent of the principal lodge, and
relation between them is governed by rules of agency... 325
a board of education is merely the agent of the State, and
as such is charged with purely administrative duties.... 332
PROPOSITIONS OF LAW.-See INSTRUCTIONS.
court may refuse propositions submitted as propositions of
law which merely call for a finding of certain facts...... 325
PUBLIC IMPROVEMENTS.-See SPECIAL ASSESSMENTS.
under section 24 of the Mechanic's Lien act of 1895 a school
building is a public improvement.....
sub-contractor's lien on public improvement becomes per-
fect on service of notice on "officials," as provided in sec-
tion 24 of Mechanic's Lien act of 1895..
sub-contractor obtaining an order on "officials" from con-
tractor is not entitled to priority over others who have
served notices on such officials pursuant to law.......... 487
PUBLIC OFFICES.-See CIVIL SERVICE.
a public office is not "property," within the meaning of the
constitution, nor are the prospective fees of such office
the property of its incumbent......
a contract prohibiting a client from compromising or set-
tling his claim is void, as tending to encourage and foster
litigation.......
391
a contract between street railway companies which is, in
effect, an agreement never to invade each other's terri-
tory, is void, as against public policy......
equity will not enforce, either affirmatively or negatively,
a contract against public policy..
public contracts or city ordinances which tend to prevent
competition or create monopoly are void......
extrinsic evidence is admissible to show that an ordinance
tends to prevent competition or create monopoly....... 338
a contract by a street railway company which prevents the
discharge of its duty to the public is void...........
the legality of the proceedings by which park commission-
ers selected a street for a boulevard may be questioned
by quo warranto...
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....
right of adult children to recover damages for negligent
killing of parent.............
where evidence tends to show that adult children derived
a benefit from parent's life the pecuniary value of such
benefit is a question for the jury....
in action against a railroad for negligence a witness may
testify that the train was running fast, though unable to
indicate the rate of speed.........
running train through city at prohibited speed raises pre-
sumption of negligence, but is not conclusive.....
steam railroad cannot use public street, where fee is in the
abutting owner, without condemning his interest........ 508
construction and operation of a steam railroad in a public
street constitutes an additional servitude..........
owner of fee in public street may enjoin construction of
steam railroad if his interest is not condemned, though
railroad acts under a city ordinance...
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