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INDEX.

ABSTRACT OF RECORD.

if appellee considers the abstract of record insufficient he
should file an additional one....

an abstract of record must be assumed by the Supreme
Court to be correct..

ACCIDENT INSURANCE.

PAGE.

210

588

injury received in fist fight in which insured was the as-
sailant is not within scope of accident policy..... 267

ACCOMPLICES.-See CRIMINAL LAW.

testimony of an accomplice must be acted upon with great
caution-jury may consider purpose of an accomplice
in testifying..

454

accomplice may be asked as to his reasons for testifying. 454

ACTIONS AND DEFENSES.

........

181

181

... 301

oral contract to convey land must be certain and definite
and be clearly established by the evidence...
clearer proof is required where the alleged contract is be-
tween father and son than between strangers..
right of widow to redeem from a mortgage given by her
husband's grantor-when wife's right to redeem is un-
affected by foreclosure decree.....
inchoate right of dower is sufficient interest on which to
base a bill to redeem-when right to file bill to redeem
is barred by laches.....
contract will not be enforced at instance of party against
whom it could not be enforced-specific performance is
not a matter of absolute right......
contract, to be enforced, must be reasonable, certain and
mutual-equity will not lend its aid to specifically en-
force an illegal contract......

......301, 302

380

380

when party is not estopped to show, on application for
judgment and order of sale, that his land was assessed
more than it was benefited....

397

ACTIONS AND DEFENSES.-Continued.

fixing an inheritance tax is not an adjudication of the
rights of parties under the will....

PAGE.

406

when order approving report of executor is not conclu-
sive against the heirs.....

406

when judgment in forcible detainer is res judicata as be-
tween same parties in suit for unpaid rent.....

564
a provision in a lease that a tenant shall be liable for rent
to end of term, even after re-entry for breach, is valid. 564

ADMINISTRATION.-See EXECUTORS.

ADOPTION.

section 7 of Adoption act construed as to right of adop-
tive parents and their heirs to inherit from child...... 83
ALTERATIONS.

when alteration of a bond after its execution does not
vitiate it as a basis of recovery.....

AMENDMENT.

58

copy of a tax levy ordinance cannot be amended, on the
hearing, to show matters of substance not in original.. 90
section 191 of the Revenue law, concerning amendments
on application for judgment and order of sale, does not
permit supplying a classification of land.....

APPEALS AND ERRORS.

... 511

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motions and orders in a chancery proceeding are part of
record proper-function of a certificate of evidence... 32
oral announcement or remarks of the chancellor do not
constitute the decree.....

question raised in argument is not reviewable if there is
no assignment of error presenting it.......

when interest of the State in a suit authorizes a direct
appeal to the Supreme Court...

instructions not based upon the evidence should not be
given when giving instructions defining manslaughter
in murder trial is reversible error.....

if appellee considers the abstract of record insufficient he
should file an additional one...

.....

when an appeal will not be dismissed because objection
to tax is not more specific.....
proceeding in the circuit court to determine the reason-
ableness of the railroad commission's order is not, in a
legal sense, an appeal.............

32

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99

147

210

210

337

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APPEALS AND ERRORS.-Continued.

when question whether stock yards company is a carrier
is settled in the Appellate Court.

when question of the sufficiency or weight of evidence
cannot be raised in the Supreme Court....
when admission of incompetent evidence in robbery case
is a serious error-what evidence is not admissible for
any purpose

PAGE.

418

418

when an objection to tax will not be considered by the
Supreme Court on appeal...

duty of the Appellate Court to make a finding of facts-
Appellate Court must make a finding concerning every
material issue...

455

469

476

477

what is necessary to make a finding of facts sufficient-
when finding of facts is not sufficient..
statement of facts in Appellate Court opinion does not
supplement finding of facts in the judgment.......... 477
filing pleas is a waiver of alleged error in overruling de-
murrer-when question of striking special pleas from
files is not preserved for review...

.....

when a claim that a fiduciary relation existed cannot be
considered by the Supreme Court-when a decree sus-
taining deed will be affirmed.....

504

521

appellant cannot complain of alleged error affecting others,
only when Supreme Court cannot pass on reasonable-
ness of Railroad and Warehouse Commission's order.. 544
when motion to dismiss condemnation petition should be
allowed an abstract of record must be assumed by the
Supreme Court to be correct......

588

when party cannot raise question that bill of exceptions
was not signed by the right judge.............

588

APPROPRIATIONS.

provisions of the Appropriations act as to payment apply
to appropriations to Illinois Farmers' Institute-what
appropriations are within the title of the act....

98

ARRAIGNMENT.

when fact that defendant was arraigned may be inferred
from the record......

45

ARSON.

.....

202

People must not only establish the crime charged but also
the defendant's connection therewith....
corroboration of an accomplice need not be direct-what
tends to corroborate testimony of an accomplice...... 202

ARSON.-Continued.

the testimony of an accomplice, although uncorroborated,
may be sufficient to convict-evidence of an accomplice
must be acted upon with great caution...

ASSAULT.

in criminal cases the venue must be proved as laid-in a
prosecution for assault and battery the given name of
the person assaulted must be proved.....

ASSUMED RISK.-See MASTER AND SERVANT.

BANKS.

PAGE.

202

75

negotiability of a note indorsed in blank does not cease at
maturity-effect where note indorsed in blank is over-
due-section 59 of Negotiable Instruments act construed. 448

BILL-BOARDS.

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what evidence admissible upon question of reasonableness
of bill-board ordinance-proof that bill-boards furnish
protection for disorderly persons is competent........ 344
an ordinance requiring frontage consents for erection of
bill-boards in residence districts is valid.....

BILLS AND NOTES.

time to which payment of notes and interest is extended
must be definite-what statements do not amount to a
valid extension..

what statement by holder of notes does not prevent for-
feiture of bond for deed..............

344

57

57

general rule as to contribution from sureties-doctrine of
contribution originated with courts of equity......... 367
court of equity will apportion loss among solvent sureties. 367
when court of equity will not hold that giving a new note
paid the old one-placing a note in the mail, addressed
to the payee, constitutes a delivery.....
when contribution cannot be compelled-what does not af-
fect right to compel contribution....

368

368

368

369

effect of section 68 of Negotiable Instruments act....
when order in which indorsers sign is not conclusive-—
understanding of indorsers to be equally liable need not
be established by verbal agreement.....
negotiability of note indorsed in blank does not cease at
maturity-effect if note indorsed in blank is overdue.. 448
section 48 of Negotiable Instruments act construed...... 448

BILLS OF EXCEPTION.

when party cannot raise question that bill of exceptions
was not signed by the right judge....

BONDS.

a bond for deed cannot be changed by parol agreement—
when alteration of a bond after its execution does not
vitiate it as a basis of recovery..

BUILDING SOCIETIES.-See LOAN ASSOCIATIONS.

CARRIERS.-See RAILROADS.

contracting carrier is liable for negligence of connecting
carrier-when question whether stock yards company is
a carrier is settled in Appellate Court....

PAGE.

588

58

418

CASES CONTROLLED BY OTHERS.-See FORMER CASES.
Cook v. Board of Directors, 266 Ill. 164, controls the de-
cision in Swain v. Stewart.

29

People v. Wabash Railroad Co. (ante, p. 30,) controls the
decision in People v. Illinois Central Railroad Co..... 168

CHANCERY.-See EQUITY.

CHARITIES.

a charitable bequest to a beneficiary not in existence is
the same as though no beneficiary were named....... 406
what is essential before the liberal rules of construction
applicable to bequests to charity can be applied...
when gift for charitable purposes is not to a class.

406
406

CITIES.-See MUNICIPAL CORPORATIONS.

CIVIL SERVICE.

employees of Illinois Farmers' Institute are not subject
to the State Civil Service law..

98

CLOUD ON TITLE.

when devisee of land by will is entitled to have deeds to
the land devised set aside as clouds on title......

623

COLLATERAL ATTACK.

a collusive judgment is open to collateral attack-owner
of premises may show that judgment for money lost in
gambling was collusive....

20

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