JURISDICTION.-Continued.

when court of equity may properly enjoin public nuisance
upon information filed by Attorney General...... . . .
paragraph 6 of section 28 of Municipal Court act is in-
valid in so far as it authorizes the service of original
process beyond territorial limits of city........
when appearance of party by attorney is an implied ad-
mission of jurisdiction..

LABOR UNIONS.

employee may quit service at his pleasure when not bound
by contract......

PAGE.

470

604

605

... 213

when employee does not commit an actionable wrong in
procuring discharge of another employee....
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 bill to enjoin union
from calling a strike.....

213

LACHES.

neither laches nor estoppel can be invoked as a defense to
quo warranto by the People.....

144

laches may be used as a defense independently of the Stat-
ute of Limitations-doctrine of laches applies even to
trustees and guardians.....

420

when fact that guardian buys from purchaser at a fore-
closure sale of land in which his wards were interested
does not render his purchase void.....

420

when court of equity will not aid in establishing alleged
trust after lapse of more than thirty years..... .... 493
knowledge is an inherent element of laches-when party
asserting laches does not occupy the position of an in-
nocent third party........

LEASES.

... 593

when instrument will operate as assignment of lease not-
withstanding reservation of rent and right of re-entry. 545
after lessee has assigned lease he does not have leasehold
estate such as is subject to levy and sale on execution.. 545
when sheriff's sale of alleged leasehold estate is properly
set aside as a cloud upon title...

LICENSES.

it is immaterial whether mere license is oral or written-
distinction between license and grant-a grant, if valid
at all, is irrevocable....

545

498

LICENSES.-Continued.

right to construct a sewer in a street, without limit as to
time, is a perpetual easement, which must originate in
a grant and is within Statute of Frauds...
incorporated town may, by ordinance, grant right to city
to construct outlet sewer-when ordinance giving right
to construct sewer is not a mere license....

LIENS.

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...

LIMITATIONS.

acts of possession by persons between whom there is no
privity cannot be joined-when several possessions will
be joined and considered as one.....

title to premises in possession but not described in deed
does not depend upon the deed but upon possession....
a paper transfer not necessary to connect adverse posses-
sion of disseizors-deed may be considered on question
of possession...

possessions may be tacked though deed to last disseizor is
by a master in chancery...

a transfer of possession may be proved by parol-what
privity is required in order that several possessions may
be tacked... . .

when amended declaration does not set out a new cause
of action-what constitutes a cause of action against a
benefit society upon death of member....
the substitution of proper parties plaintiff in an amended
declaration against a benefit society introduces no new
cause of action.....

when grantee of part of heirs is in the position of a ten-
ant in common in possession—what possession does not
amount to a disseizin.....

PAGE.

498

498

549

98

98

98

99

99

122

122

564

tax deed is good color of title if obtained in good faith—
an outstanding title acquired by a co-tenant in posses-
sion inures to benefit of all....

592

one co-tenant cannot assert against the others a title ac-
quired at a tax sale-purchase by agent of co-tenant is
the same as a purchase by the principal......
when holder of a tax deed does not hold in good faith-a
will, to constitute color of title, must describe the land-
when devise is too general.....

592

592

what is necessary to constitute a disseizin.

592

LIMITATIONS.-Continued.

possession and payment of taxes do not, alone, bar rights
of other co-tenants—a co-tenant asserting disseizin has
the burden of proving it...

LOCAL OPTION.

PAGE.

... 593

purpose of Local Option act-Local Option act confers no
affirmative authority to issue licenses.....

468

when court of equity may properly abate public nuisance
upon information filed by Attorney General.....

effect where town which contains a city votes to become
anti-saloon territory-effect where a township votes to
cease being anti-saloon territory....
vote to cease to be anti-saloon territory revives all such
dram-shop ordinances as were formerly in force...... 468
vote to cease to be anti-saloon territory does not have ef-
fect to repeal prohibitive ordinance.....
General Assembly had power to pass Local Option act—
places where liquor is sold in violation of Local Option
act are declared by law to be nuisances...
jurisdiction of equity to enjoin nuisances is of ancient
origin-equity may enjoin a public nuisance though of-
fender is amenable to the criminal law. . . . . .
what question is to be considered upon information by a
public offer to enjoin a public nuisance-when court of
equity may decline to interfere......

468

468

469

469

469

470

LODGES.-See BENEFIT SOCIETIES.

MASTER AND SERVANT.

an employee may quit service at his pleasure when he is
not bound by contract-right of employees to refuse to
work with others....

MEDICINE AND SURGERY.

... 213

... 289

right of State Board of Health to recover penalties for
violation of Medical Practice act is not a special privi-
lege such as is prohibited by the constitution.....
when statement of claim for penalty for violation of the
Medical Practice act is sufficient...
what constitutes professing to treat the physical ailments
of another, within meaning of Medical Practice act... 289

MINES.
what is not a violation of statutory provision requiring

289

the marking of dangerous conditions in a coal mine... 617

(

MORTGAGES.

what does not show that the amount bid on foreclosure
was grossly inadequate—what does not establish fraud
in preventing redemption by mortgagor..
party seeking to redeem after the statutory period has ex-
pired must show that he is entitled to relief.....

MUNICIPAL CORPORATIONS.

matter of building town hall must be mentioned in notice
of a town meeting-what is not a compliance with the
statute as to notice.....

PAGE.

an incorporated town has power to levy a tax to build a
town hall by complying with the law.....
when a vote to build town hall, and the tax levy based
thereon, are void-equity may enjoin the extension of
a void tax...

statutory authority to annex territory is limited to con-
tiguous territory-when annexation of village by a city
cannot take place..............

349

349

85

86

86

190

right to construct a sewer in a street, without limit as to
time, is a perpetual easement, which must originate in
a grant and is within Statute of Frauds.....
incorporated town may, by ordinance, grant to city right
to construct outlet sewer-when ordinance giving right
to construct sewer is not a mere license....
possibility of reverter in case a street shall be vacated is
not an estate having a present existence....
municipal corporations have the power to construct out-
let sewers beyond their limits-cities within the Sani-
tary District of Chicago have such power...
town is not bound, in law, to drain private lands adjoin-
ing highway where water flows upon the lands through
a natural water-course.....
when a town is entitled to mandatory injunction against.
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.....

498

498

499

499

...

511

612

MURDER.

when statement by one defendant in murder trial is not
admissible against the others-when proof must show
who were present at time of statement.....
instructions should not put defendants in a class different
from other witnesses..

516

516

MURDER.—Continued.

jury are not obliged to disregard testimony-term "rea-
sonable doubt" has no unusual meaning..
when instruction to find a certain one of the defendants
not guilty must be given.....

PAGE.

516

517

State is not bound, in murder trial, by hearsay statements
of the deceased-accused may prove any fact tending
to show that another person committed the crime..... 583
when instruction in murder trial is erroneous in assuming
that defendants were present at the killing....

583
if facts are disputed, instructions should not assume their
existence-defendants are entitled to have their expla-
nations of their whereabouts considered by the jury....... 583
what may be ground for new trial in murder case...... 584
NEGLIGENCE.

.......

when finding by the Appellate Court is conclusive against
right of recovery in action for personal injury....................... 294
right of action for damages for the negligent killing of a
person is statutory-when an action for wrongful death
cannot be brought in Illinois....

369

...

section 2 of Injuries act is not in violation of the State
or Federal constitution...

369

when peremptory instruction in action for personal injury.
is properly refused-the plaintiff is not bound to prove
every count in the declaration...

532

when the admission of X-ray plates in evidence is harm-
less error....

532

expert may testify as to what is disclosed by an X-ray
photograph-when failure of an instruction to correctly.
quote provision of statute is not fatal......
general rule upon subject of ordinary care-when ques-
tion of contributory negligence is for the jury...................
a railroad company is bound to take notice of ordinance
fixing hours for operating crossing gates, and no spe-
cial notice is required.....

533

552

552

when ordinance fixing hours for operating crossing gates

is admissible in evidence.....

552

"due care and caution" is a relative term....

553

what is not violation of the statutory provision requiring
the marking of dangerous conditions in a coal mine... 617

NOTICE.

matter of building town hall must be mentioned in notice
of town meeting-what not a compliance with the stat-
ute as to notice..

85

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