VOL. 117.] Grand Legion of Illinois v. Beaty. tion 4 of art. 6 a member cannot be suspended from the rights and privileges of the beneficiary department until he has been in arrears more than twenty-eight days. This, according to the facts set out in the plea, would carry the assured on to about April 26, 1901, or fourteen days after his death. The assured was therefore in good standing at the time of his death. Finding no error in the record the judgment is affirmed. Affirmed. TOPICAL INDEX, VOL. 117. ABATEMENT. Chancery suit-when pendency of, as bar to action at law, cannot be Dilatory matter-when, deemed waived. p. 315. ABUTTING PROPERTY OWNERS. Common carrier-right of abutting property owner to recover for in- Freight house, etc.-when abutting property owner cannot enjoin con- Side-track-when injunction does not lie to restrain construction of. Abutting property owner—right of, to recover for injury by common carrier. p. 32. Accord satisfaction-what constitutes. p. 622. Acquittal-when proof of, incompetent, in action for libel. p. 161. Administration of estate-how affected by collateral agreements among Alteration of instrument-effect of. p. 640. Appeal bond-what evidence competent in action of debt upon. p. 323. Arrest-when, illegal. p. 128. Baggage-what prima facie proof of delivery to and possession of, by Bastardy—what evidence competent by way of defense in prosecution what evidence incompetent by way of defense in prosecution for. Common counts-when recovery may be had under. p. 552. (661) Contributory negligence-when, not defense. p. 115. Delay in performance-failure to pay as provided by contract, excuses. Detention-when, illegal. p. 128. Ejection from train-when railroad company not liable for injuries re- Executor de son tort-when liable for loss resulting to estate. p. 512. False imprisonment-what not defense to action for. p. 128. Fire-arms-when parent not liable for permitting infant son to use. Fraud-what not defense to charge of. p. 478. Fraudulent transaction-when relief will not be granted in aid of. Incorporation fees-when, cannot be recovered back, p. 83. in action against municipality for injuries to real property through Medical services-who may bind traction company to pay for. p. 174. p. 535. Plea of justification-what evidence competent in support of averments p. 535. Quantum meruit-when attorney may recover under. p. 51. Rebates-when, may be recovered from railroad company. p. 569. Res judicata-when question of negligence is. p. 512. Sick benefits-when member of fraternal benefit society entitled to. Sister state-when statute of, will not be enforced in Illinois. p. 488. Title-when defendant cannot raise question of, in action for value of Treasurer's bond—what not defense to action by fraternal benefit society Trespass de bonis asportatis—when recovery may be had in. p. 644 Waiver—what is not, of portion of claim sued for. p. 51. ADMINISTRATION OF ESTATES. Administration Act-section 81 construed. 595. when finding under section 81 will not he disturbed on appeal. Administration Act-when sufficiency of affidavit to petition filed Administration of estate-how affected by collateral agreements among heirs. p. 97. Appeal-right of executor to. p. 97. Collateral agreements-how, affected by, made among heirs. p. 97. when jurisdiction of person attaches. p. 503. when orders of, may be attacked. p. 503. Executor de son tort-when liable for loss resulting to estate. p. 512. Heirship-how order finding, may be attacked. p. 503. - jurisdiction of court of probate to enter. p. 503. Order of distribution-when, erroneous. p. 502. Personal estate-what is, upon death of owner. p. 473. Widow's award-jurisdiction of court of probate to determine who en- power of court of probate with respect to. p. 307. right to interest upon. p. 307. AGENCY. Agent-who not, to make new promise tolling Statute of Limitations. City engineer-effect given to certificates of. p. 261. Commissioner of public works-when, cannot bind city. p. 261. ALIMONY. Allowance-when proper notwithstanding divorce is granted to hus- ALTERATION OF INSTRUMENTS. Effect of. p. 640. AMENDMENTS AND JEOFAILS. Declaration-when not error to permit amendment of, after verdict. Error of fact-what is, authorizing vacation of judgment after entry New cause of action—when additional count does not state. p. 1, Ordinance-how, cannot be amended. p. 436. Power of court-how question of, to make amendment, raised. p. 542. APPEALS AND ERRORS. Abstract—when insufficiency of, ground for affirmance. pp. 71, 154. Additional record-when Appellate Court without jurisdiction to per- Admission of evidence—when error in, will not reverse. p. 450. Affirmance-does not follow striking bill of exceptions from transcript. p. 259. Appeal-effect of, to stay proceedings. p. 542. effect of, to stay proceedings under a decree ordering a reference right of executor to. p. 97. when decree final for purposes of. p. 542. when dismissal of, not subject to review. p. 71. Appeal bond-by whom to be approved. p. 77. when irregularity in, will not defeat appeal. p. 77. Assignment of error-when, deemed waived. p. 502. Bill of exceptions-need not recite that instructions shown therein are when, duly presented to trial court. p. 557. p. 427. when, presents nothing for review. p. 259. Certificate of evidence-when motion to strike, will be denied. p. 72. upon what questions findings of, conclusive. p. 406. Conduct of counsel-what considered in determining whether, consti- Continuance-when action of court in refusing, will not be reviewed. when denial of, not improper. p. 115. p. 551. when estoppel to complain of, arises. p. 155. essential to review action of court with respect to instructions. what does not supply absence of, to giving of instruction. p. 418. Exceptions-how, should be preserved. p. 569. Findings of chancellor-when, not disturbed. pp. 478, 553. Freehold-when, involved in bill of review. p. 57. Injunction where improper breadth of, should be complained of. p. 231. |