INDEX.

ACCOUNTING.

when release executed by partner precludes his sharing in
an accounting

PAGE.

35

decree may require defendants to produce books before the
master-costs.

36

ACTIONS AND DEFENSES.

when land owners cannot apply to court of equity to en-
join collection of drainage assessment......

30

equity will not give second opportunity to make defense
which was available at law.....

30

general rule as to application of maxim that complainant
must come with clean hands-equity will not protect the
complainant in defrauding public......

186

when mandamus proceeding may be brought originally in
Supreme Court .....

283

petition to set aside probate of will need not show ground
of defense

294

assumed risk is not a defense in action under the Federal
Safety Appliance act.

355

401

430

when decree will be set aside by bill of review.
what necessary to a cause of action against Sanitary Dis-
trict of Chicago for damages from overflow......
when violation of Federal laws does not give private right
to damages against the Sanitary District of Chicago... 431
when suit to set aside deed may be joined with suit for di-
vorce-when different causes may be joined in one bill.. 439
purpose of provision that State's attorney shall not prose-
cute civil action.....

471

State's attorney cannot at any time prosecute civil suit de-
pending on same facts as criminal prosecution...... 471

ACTIONS AND DEFENSES.-Continued.

laches of relator does not bar the public from prosecuting
⚫ information in quo warranto.....

......

PAGE.

530

538

personal tort action may be brought wherever defendant
can be served with process...
State fire marshal may ask for writ of mandamus to com-
pel county supervisors to repair court house and jail... 579
Federal right or defense must be asserted in State court
according to State rules of practice and pleading......, 606
defendant must prove defense of assumed risk—what does
not establish defense of assumed risk......
contributory negligence is not a defense under Federal
Employers' Liability act

ADMINISTRATORS.

....

.... 606

when court should not approve sale by administrator-at-
torney for administrator cannot purchase at sale if ob-
jection is made ....

607

314

fees should not be allowed to attorney for administrator
in a proceeding to sell land to pay debts......
an administrator's fees is a proper deduction in comput-
ing inheritance tax

314

551

....

administrator is personally liable for decedent's personal
property tax

...

552

AGENCY.-See PRINCIPAL AND AGENT; BROKERS.

AMENDMENTS.

when suit should not be dismissed for delay in filing man-
date allowing amending of pleadings.............
when record may be amended to show the grand jury was
sworn-amendment of record after term must be based
upon official memorandum.....

25

... 366

reporter's notes cannot be made basis for amending rec-
ord after term......

366

petition for tax deed cannot be amended after affirmance
of judgment holding it insufficient.....

464

APPEALS AND ERRORS.

when suit should not be dismissed for delay in filing man-
date allowing amending of pleadings..

235

appeals from classification of lands operate to stay drain-
age proceedings until disposed of..

30

effect of Appellate Court's holding that trial court erred
in not directing verdict for defendant....

58

APPEALS AND ERRORS.-Continued.

PAGE.

when judgment of the Appellate Court must be reversed—
when party relinquishes right to another trial of facts.. 58
trial court must obey mandate of court of review-when

trial court must enter decree without trial de novo..... 64
what may be determined by Supreme Court on petition to
compel trial court to obey mandate of Appellate Court.. 64
appellate jurisdiction of Supreme Court is limited to re-
view of judgment appealed from....

when cause must be remanded to Appellate Court for con-
sideration on the merits-when certificate of evidence
is not necessary......

ΙΟΙ

.... IOI

ΙΟΙ

139

certificate of chancellor or of master is not necessary to
show that the record contains all the evidence..
appellant cannot take advantage of imperfections in rec-
ord which do not affect his interest.....
briefs should not contain discussion of matters not before
the court-who is entitled to sue out a writ of error.... 171
legatees are entitled to review judgment for unpaid taxes
against estate .....

.....

171
interest of parties suing out a writ of error must appear
from record or be alleged in assignment of errors...... 171
the facts stated in assignment of errors are admitted by
joinder in error-when order dismissing appeal to cir-
cuit court must be affirmed....

172

...... 172

... 196

when case may be reviewed by direct writ of error from
Supreme Court as involving revenue.....
when conclusion of jury as to credibility of witnesses in
criminal case cannot be interfered with.....
section 91 of Practice act does not authorize writ of error
in special statutory proceeding....
writ of error does not lie to review judgment on petition
under Securities act

...

general rule as to when decree dismissing bill is final and
appealable when decree dismissing bill to quiet title is
final and appealable...

219

219

.. 257

judgment in criminal case must be reversed if law under
which conviction is had is void.....

....

264

314

325

when objection to appeal bond comes too late..
when judgment of circuit court in compensation case will
be modified to correct clerical error...
when Supreme Court is bound by finding that statutory
notice was given in compensation case.....
record in a criminal case should show defendant was in-
structed as to consequences of pleading guilty......... 366
leasehold estate for ninety-nine years is not a freehold.... 380

351

APPEALS AND ERRORS.—Continued.

when a freehold is not involved in bill against a trustee
to carry out decree construing will-when a freehold
is involved.....

PAGE.

383

action in assumpsit for attorney's lien on award in com-
pensation case cannot be appealed directly to the Su-
preme Court

399

decision of arbitrators is conclusive-when award by arbi-
tration will not be set aside.....

443

petition for tax deed cannot be amended after affirmance
of judgment holding it insufficient....

464

when stipulation precludes consideration of question in the
Supreme Court

485

when a freehold is involved in a partition suit involving
merely a charge against interest of defendant......
title acquired by parties to suit under erroneous decree
must be divested upon reversal......

524

525

551

when appellee may question tax rate by cross-errors.....
when conviction should be reversed and new trial granted. 575
when Appellate Court may permit belated petition for re-
hearing to be filed-effect as to petition for certiorari.. 606
when a special finding of fact is binding on review....... 606
counsel should object to harmful argument to preserve
question for review.

ARBITRATION.

607

decision of arbitrators is conclusive-arbitrators are lim-
ited to the arbitration agreement.....

... 443

courts construing arbitration agreements should ascertain
intention of the parties....

443

every presumption favors an award where whole contro-
versy is submitted ....

..... 443

award need not be clothed in technical language-when
award will not be set aside...

443

ARGUMENT.-See TRIAL.

ATTORNEYS AT LAW.-See DISBARMENT; SOLICITORS'
FEES.

attorney may make an affidavit as to unknown parties un-
der section 7 of Chancery act....

25

action in assumpsit for attorney's lien on award in com-

pensation case cannot be appealed directly to the Su-
preme Court

399

AUTOMOBILES.-See MOTOR VEHICLES.