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ABANDONMENT.

INDEX.

homestead may be abandoned....

failure to file remanding order in public improvement pro-
ceedings not an abandonment of improvement..

PAGE.
283

ACCOUNTING.

mortgagee must account for goods taken by him on re-
plevin from execution levy.....

ACT OF GOD.

an unprecedented flood is an act of God.....

when loss is due to act of God......

carrier liable for destruction of property by act of God
where its negligence contributes..

ADULTERY.

ACKNOWLEDGMENT.

of plat by attorney in fact is insufficient in dedication..... 362

how adultery may be proved....

383

ADVERSE TITLE.

possession is not notice of title adverse to that under which
possession is held.......

113

ACTION.

collusive suit-at whose instance dismissed......
filing of bill is the commencement of suit in equity.

a mere contract creditor cannot seek equitable relief for a
legal demand...........

305

AFFIDAVITS.

when counter affidavits may be heard upon motion .....
sufficiency of, for publication of notice to obtain execution
against lands of a decedent....

to claim for mechanic's lien-what sufficient..

not required in garnishee proceedings against stockholders,
when....

for continuance must show facts and diligence...

545

545

545

48

232

589

566

163

337

133

402

162

AGENT.-See PRINCIPAL AND AGENT.

cannot bring replevin in his own name for his principal,
when he has no interest in the chattels...

PAGE.

AMENDMENTS.

power of court to permit amendment of the record in a
criminal case.....

... 259

ANNUITIES.

when payable out of the corpus of the estate...
when payable out of the income of the estate..
whether principal of fund is liable for arrearages of an-
nuity....

when principal of fund must be preserved intact

APPEALS AND ERRORS.

appellate jurisdiction in proceedings to sell lands of dece-
dent to pay debts.................

43

objection that interrogatories in garnishment were not
filed in time-waiver...

267

267

......

179
when Supreme Court will not weigh evidence..
185
questions which the Supreme Court cannot review ...
46
effect of refusal to direct a verdict on a count not proved.. 448
failure to except waives error in admitting evidence ...... 92
no question of law presented to Supreme Court on appeal-

effect...

267

267

129
when instructing jury orally is not cause for reversal..... 162
when refusal of proper instruction is not reversible error.. 131
court of review cannot consider question not presented to

the pleadings.......

trial court......
415, 200
findings of fact by Appellate Court are conclusive......... 215
findings of Appellate Court construed in connection with
... 215
when decree sustaining a will will not be disturbed........ 209
when decree will not be reversed for exclusion of evidence 209
when opinion of Appellate Court is not reviewable..
Appellate Court may affirm after remittitur....
objections in garnishee proceedings deemed waived if not

200

188

stated...

errors not specified in motion for new trial are waived..
supposed erroneous ruling upon testimony must be pointed
out in the brief......

402

402
241

when reversal without remanding is proper..........
when error in sustaining demurrer to cross-bill is harmless 589
when error may be obviated by a remittitur and payment of
costs....

322

346

346

oral announcement of court, in presence of jury, as to in-
structions-when not error...
... 346

APPEALS AND ERRORS.-Continued.

PAGE.

power of Appellate Court to reverse on facts without re-
manding....

when question of law must be raised by instruction..
Supreme Court cannot review law and facts, when..
when chancellor's findings will not be disturbed..

reversal by Appellate Court on its own findings of fact with-

out remanding does not infringe right of trial by jury... 348
when admission of incompetent testimony will not reverse. 368
grounds of objection to jurisdiction must be stated in trial

court.....

APPELLATE COURT.-See COURTS; SUPREME COURT.
remittitur in-effect up costs......

power of, to reverse on facts without remanding..
reversal by, on facts found by it, without remanding, does

not infringe right of trial by jury......

effect of judgment of Appellate Court reversing and re-
manding....

may affirm after remittitur.

348

163

.. 348

ASSESSMENTS.-See SPECIAL ASSESSMENTS.

laws of 1895, p. 286, construed as to the power of park board
to levy assessments......

when mutual insurance company has no power to assess for
surplus fund...

unauthorized assessment by mutual insurance company
may be disregarded by members.....
insurance-payment of illegal assessment does not work
estoppel....

389

395

395

398

431

188

findings of fact by, are conclusive..

215

findings of, construed in connection with the pleadings.... 215
findings of, as to identity of charges against members of
benefit societies are conclusive....

298

ASSIGNMENTS.

effect of assignment of policy of re-insurance to company
paying loss-subrogation.....

assignment of secured debt with reservation of security-

extinguishment......

348

87

470

470

470

ASSIGNEE IN INSOLVENCY.

contract for sale of land by assignee subject to court's ap-
proval-want of mutuality.......

328

legal status of private purchaser of land from assignee..... 328

173

566

441

effect of voluntary assignment in forfeiting lease..
assignment of certificate of sale does not operate as a re-

117

demption....

ATTACHMENT.

attachment proceedings are not a sufficient basis to main-
tain bill of discovery...

PAGE.

ATTORNEYS AT LAW.

administering oath by attorney of party, though improper,
does not invalidate proceedings...

ATTORNEY IN FACT.

acknowledgment of plat by, insufficient in dedication pro-
ceedings

proceedings to disbar are summary..

194

courts have summary jurisdiction over attorneys.
usual mode of proceeding against attorney for misconduct 194
proceeding to suspend an attorney is not a "prosecution".. 194
order of suspension cannot be broader than the rule..
194
statute as to suspension of attorneys construed....

194

question of negligence in separating baggage from passen-
ger is for the jury..

BANKS.

power of national bank to execute lease before getting
comptroller's certificate

what is not a preliminary to the organization of a national
bank........

construction of act as to place of business..

BENEFICIARIES.

of benefit societies-expulsion of-right to appeal....

305

BAGGAGE.

duty of railroad company to send baggage on same train
with passenger...........................
destruction of baggage shipped by later train-liability of
carrier for loss

545

388

194

BENEFIT SOCIETIES.

re-instatement of an expelled member-when mandamus
does not lie.....

362

545

545

100

100

100

78

78

irregularity in notice does not avoid judgment of expulsion 78
grounds on which courts interfere with disciplinary powers 78
right of expelled member to seek redress in the courts.... 78
expelling member on a trivial charge-how question is

raised......

..... 298
finding of Appellate Court as to identity of charges against
member is conclusive....
... 298
when judgment of tribunal of benefit society cannot be col-
laterally attacked...

299

BILL OF DISCOVERY.-See DISCOVERY, BILL OF.

BILLS AND NOTES.

note of corporation-when word "president" is mere descrip-
tion......

note made payable to order of maker-when it becomes
valid.....

PAGE.

the payee's signature upon the note as endorser is equiva-
lent to an express contract.......

it is the presumption that the endorsement of a third party
before delivery of note to payee is a guaranty
presumption of guaranty by endorsement of third party
before delivery to payee may be rebutted by parol evi-
dence.....

241

when the maker, who is also the payee, endorses note he
becomes second endorser, and not a guarantor......
contract of endorsement by payee cannot be waived by pa-
rol evidence....

when endorsement of third party before delivery to payee
cannot be explained by parol evidence...

BOUNDARIES.

......

of lands bordering on lakes...

....

241

241

BROKERS.

buying tickets over connecting lines of railroads―liability
of the selling company for dishonor of coupons

241

241

BOARD OF TRADE.

effect of termination of membership on property rights... 431
courts will not control in the enforcement of by-laws..... 431
member bound by all by-laws within the corporate authority 431
validity of by-law making breach of business contract cause

for expulsion......

241

241

431
judgment of tribunal of, cannot be reviewed by the courts 431
strict rules of criminal pleading not applied to proceed-
ings of....

courts cannot inquire into sufficiency of evidence on which
directors of board acted.......

Chicago board may suspend member for dishonorable con-
duct.....

of Chicago-is a voluntary association

241

431

432

432

432

138

522

BURDEN OF PROOF.

burden rests on insolvent debtor to disprove fraud in a vol-
untary conveyance to his wife.....

. 625

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