Page images
PDF
EPUB

FORMER CASES.-Continued.

City of Chicago v. Green, 238 Ill. 258, distinguished, as to
right of incorporated town to grant to city the right to
construct an outlet sewer....

Stein v. Meyers, 252 Ill. 199, followed, as to section 62 of
Municipal Court act not being invalid..
Curtis v. Rubin, 244 Ill. 88, followed, as to when parties
cannot compel others to observe building line.....

PAGE.

FRATERNAL INSURANCE.-See BENEFIT SOCIETIES.

FRAUD.

what does not show that the amount bid on foreclosure
was grossly inadequate-what does not establish fraud
in preventing redemption by mortgagor.....

FREEHOLD.

498

549

621

.. 349

when freehold is not involved on an appeal from a par-
tition decree....

freehold is not involved in a proceeding to set aside an
execution sale and the certificate of purchase....

GAMBLING.

.......

41

582

when evidence of similar offenses is admissible to show a
guilty knowledge by accused that his rooms were leased
for gambling purposes.....

384

GRAND JURY.

fact that grand jury was selected less than twenty days
before the term is not fatal to indictment....

19

GUARDIAN AND WARD.

the doctrine of laches applies even to trustees and guard-
ians-what tends to show that guardian was not neg-
ligent in not redeeming from foreclosure.....
when fact that guardian bought from purchaser at fore-
closure sale of land his wards were interested in does
not render his purchase void.............

HIGHWAYS.

420

420

a town is not bound, in law, to drain private lands ad-
joining highway-when town may enjoin obstruction of
water-course crossing highway...

511

owner may annex conditions to his voluntary grant-what
words on plat show a conditional offer to dedicate land
for an alley....

612

HOLOGRAPHIC WILLS.-See WILLS.

HUSBAND AND WIFE.
specific performance decree cannot release dower of wife
who did not sign the contract-extent to which the de-
cree may go in such case....

a void marriage may be annulled though the parties are
in pari delicto, but their property rights will be left as
the parties have made them....

PAGE.

[merged small][ocr errors]

when amendment of a divorce bill after default is imma-
terial and does not require new process....
when provision of divorce decree is erroneous in attempt-
ing to declare property rights of the parties....

314

436

436

ILLEGAL CONTRACTS.

parties to an illegal contract who are in pari delicto are
without remedy against each other.....

314

a void marriage may be annulled though the parties are
in pari delicto, but their property rights must be left as
they have made them.....

when parties to void marriage are in pari delicto.

INDICTMENT.

...

314
314

one good count to which the evidence is applicable will

sustain conviction-when form of count in a confidence
game indictment is sufficient....

19

fact that grand jury was selected less than twenty days
before the term is not fatal.....

19

indictment for burglary need not always describe prem-
ises in language of the statute-indictment may charge
burglary of room in hotel.................

203

when indictment merely charges a conspiracy to defraud
and not the felony committed by the consummation of
the conspiracy..

456

INFORMATIONS.

an information filed by the State's attorney himself need
not be verified by affidavit-a defective affidavit is not
ground for quashing information....

... 384

fact that information purports to be sworn to before the
alleged date of the offense is fatal, even in arrest of
judgment-what does not cure the defect.....

in determining the sufficiency of an information the al-
leged date of the offense must be taken as true....
INHERITANCE TAX.

530

530

succession to movable property is governed by law of own-
er's domicile at his death-personal property in foreign
State is subject to inheritance tax at owner's domicile. 168

INHERITANCE TAX.-Continued.

laws governing general taxes are of little assistance in
considering the inheritance tax.....

PAGE.

168

168

when decree of California court does not bar inheritance
tax in Illinois-inheritance tax is not a tax upon the
estate but upon the right of succession....
effect of the provision that executors, administrators and
trustees shall be personally liable for the tax......... 168
executor or trustee is not required to retain entire inher-
itance tax but only that due on legacies in his hands.. 168
trustee is not responsible for Illinois tax on legacies paid
in foreign State by administrator there.....
effect where a widow makes compromise agreement after
repudiating ante-nuptial contract and renouncing will.. 169

INJUNCTION.

169

... 86

when vote to build town hall, and the tax levy based on
such vote, are void-equity may enjoin the extension of
a void tax....
equity will assume jurisdiction to protect property rights
even though the validity of an election is involved.... 190
when employee does not commit an actionable wrong in
procuring discharge of other employee...

213

officers of a labor union act as agents for the members-
members of union may authorize officers to notify em-
ployer of their demands......
non-union employees cannot maintain a bill to enjoin a
union from calling a strike......

213

213

places where liquor is sold in violation of Local Option
law are declared by law to be nuisances-jurisdiction of
equity to enjoin nuisances is of ancient origin........ 469
equity has jurisdiction to enjoin a public nuisance though
offender is amenable to criminal law....

a criminal prosecution is not an adequate remedy for the
abatement of a public nuisance....

what question is to be considered upon information filed
by a public officer to enjoin a public nuisance-when
equity may decline to interfere.....

469

469

469

when court of equity may properly abate public nuisance
upon information filed by Attorney General.......... 470
when town is entitled to mandatory injunction to compel
removal of obstruction to flow of water through natu-
ral water-course crossing road......
lot owners who substantially violate building line restric-
tion cannot compel others to observe it-when equity
will not enforce restriction....

511

621

INJURIES. See NEGLIGENCE.

INSOLVENCY.-See BANKRUPTCY.

INSTRUCTIONS.

when marking instruction as to form of verdict in crimi-
nal case is not error....

when instruction in confidence game prosecution need not
expressly embody element that the stocks sold were not
worth the price paid.

what is not an improper reference to failure of accused
to testify......

a party in presenting instructions is entitled to have the
law applied to the particular case...
when instruction as to assessing drainage benefits to rail-
road right of way is misleading...

PAGE.

20

20

20

399

.... 399

516

term "reasonable doubt" has no unusual meaning—jury
not obliged to disregard testimony.
instruction should not put defendants in a class different
from other witnesses...

516

when instruction to find one defendant in a murder trial
not guilty must be given.....

... 517

when failure of instruction to correctly quote provision of
statute is not fatal-objections to instructions not urged
in the Appellate Court are waived.......
when instruction in murder trial is erroneous in assum-
ing defendants were present at the killing.

533

583

instructions must be substantially accurate if evidence of

guilt of defendants is close.....

583

defendants are entitled to have their explanations as to
their whereabouts considered by the jury.....

583

INSURANCE.

undertaking of a benefit society is to pay the fund to the
proper person entitled thereto.....

122

benefit fund does not lapse because of designation of in-
eligible beneficiary nor is the society's obligation to pay
the fund extinguished...

122

INTEREST.

when interest is recoverable in an action against a benefit
society by heirs of deceased member...

INTERPRETERS.

123

what fact does not render interpreter incompetent.......

9

INTOXICATING LIQUORS.-See LOCAL OPTION.

JUDGMENTS AND DECREES.

when order of court to hold money in custody pending
final determination of rights of parties does not violate
doctrine of res judicata.....

court cannot set aside final decree at a subsequent term—
when decree registering title is not without jurisdiction
even though erroneous.

when provision of a divorce decree attempting to declare
property rights of the parties is immaterial.............
jurisdiction of municipal court of Chicago to vacate judg-
ments-when decision on a motion to vacate judgment
ends jurisdiction of municipal court....

PAGE.

108

118

436

451

when orders of municipal court are void..........
section 62 of the Municipal Court act, concerning abbrevi-
ated forms of orders, is not unconstitutional. . . . . .
when alleged judgment does not create a lien upon land—
when alleged judgment lien may be removed as a cloud
without showing it was unjust..

451

549

549

JURISDICTION.

when decree registering title is not void for want of ju-
risdiction even though erroneous..

118

term of court is regarded, in law, as but one day-court
retains jurisdiction of judgment during term..
jurisdiction of the municipal court of Chicago to vacate
judgments--when decision on motion to set aside judg-
ment ends jurisdiction of municipal court.
when orders of municipal court are void......

450

450

450

the existence of another remedy is not an absolute bar to
mandamus—mandamus will lie to compel judge to ex-
punge void orders from record.....
jurisdiction of equity to enjoin nuisances is of ancient.
origin-places where liquor is sold in violation of the
Local Option law are declared to be nuisances.....
equity has jurisdiction to enjoin public nuisance though
offender is amenable to the criminal law. . . . .
a criminal prosecution is not an adequate remedy for the
abatement of a public nuisance....

450

469

469

469

what question is to be considered upon information filed
by public officer to enjoin public nuisance-when equity
may decline to interfere....

469

constitution limits territorial jurisdiction of city courts-
territorial jurisdiction of the municipal court of Chi-
cago does not extend beyond limits of city.....

604

« PreviousContinue »