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INDEX.

ABANDONMENT.

homestead may be abandoned..

PAGE.

283

383

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

ACCOUNTING.

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

ACKNOWLEDGMENT.

113

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

ACT OF GOD.

an unprecedented flood is an act of God..

545

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

545

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

545

ACTION.

collusive suit-at whose instance dismissed.....

48

filing of bill is the commencement of suit in equity..

232

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

305

ADULTERY.

how adultery may be proved....

589

ADVERSE TITLE.

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

566

AFFIDAVITS.

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

163

337

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

133

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

402

for continuance must show facts and diligence...

162

AGENT.-See PRINCIPAL AND AGENT.

PAGE.

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

43

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.

267

267

267

when principal of fund must be preserved intact

267

APPEALS AND ERRORS.

appellate jurisdiction in proceedings to sell lands of dece-

dent to pay debts.......

when Supreme Court will not weigh evidence..
questions which the Supreme Court cannot review

179

185

46

92

effect of refusal to direct a verdict on a count not proved.. 448
failure to except waives error in admitting evidence .......
no question of law presented to Supreme Court on appeal-
effect.....

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
trial court.......

... 415, 200
215

findings of fact by Appellate Court are conclusive.......
findings of Appellate Court construed in connection with
the pleadings......

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........ 200
Appellate Court may affirm after remittitur...... . . . .
objections in garnishee proceedings deemed waived if not
stated......

188

402

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

402

when reversal without remanding is proper..........

241

when error in sustaining demurrer to cross-bill is harmless 589
when error may be obviated by a remittitur and payment of
costs.....

322

errors not specified in motion for new trial are waived..... 346
supposed erroneous ruling upon testimony must be pointed
out in the brief.......

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......

348

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......

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....

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

389

395

395

398

163

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...

348

348

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

431

may affirm after remittitur ....

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

ASSESSMENTS.-See SPECIAL ASSESSMENTS.

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

87

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

470

unauthorized assessment by mutual insurance company
may be disregarded by members....

470

insurance-payment of illegal assessment does not work
estoppel.....

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

ASSIGNMENTS.

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

173

assignment of secured debt with reservation of security-
extinguishment......

566

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

441

117

ATTACHMENT.

PAGE.

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

305

ATTORNEYS AT LAW.

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

proceedings to disbar are summary..

courts have summary jurisdiction over attorneys..

388

194

. 194

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.............

ATTORNEY IN FACT.

acknowledgment of plat by, insufficient in dedication pro-
ceedings

BAGGAGE.

duty of railroad company to send baggage on same train
with passenger..................

194

362

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destruction of baggage shipped by later train-liability of
carrier for loss ..

545

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

545

BANKS.

.....

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

€ 100

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

100

100

construction of act as to place of business.

BENEFICIARIES.

of benefit societies-expulsion of-right to appeal.......... 78

BENEFIT SOCIETIES.

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

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.

PAGE.

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

241

241

.......

241

.........

note made payable to order of maker-when it becomes
valid......
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....
the payee's signature upon the note as endorser is equiva-
lent to an express contract.....

...

241

241

....

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

241

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

BOARD OF TRADE.

241

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......

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

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

432

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

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

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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