INDEX. ABANDONMENT. homestead may be abandoned.. PAGE. 283 383 failure to file remanding order in public improvement pro- ACCOUNTING. mortgagee must account for goods taken by him on re- 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 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 305 ADULTERY. how adultery may be proved.... 589 ADVERSE TITLE. possession is not notice of title adverse to that under which 566 AFFIDAVITS. when counter affidavits may be heard upon motion ...... 163 337 to claim for mechanic's lien-what sufficient.. 133 not required in garnishee proceedings against stockholders, 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, 43 AMENDMENTS. power of court to permit amendment of the record in a 259 ANNUITIES. when payable out of the corpus of the estate........ 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.. 179 185 46 92 effect of refusal to direct a verdict on a count not proved.. 448 129 when instructing jury orally is not cause for reversal.. 162 ... 415, 200 findings of fact by Appellate Court are conclusive....... 215 when decree sustaining a will will not be disturbed........ 209 188 402 objection that interrogatories in garnishment were not 402 when reversal without remanding is proper.......... 241 when error in sustaining demurrer to cross-bill is harmless 589 322 errors not specified in motion for new trial are waived..... 346 346 oral announcement of court, in presence of jury, as to in- 346 APPEALS AND ERRORS.-Continued. PAGE. power of Appellate Court to reverse on facts without re- 348 reversal by Appellate Court on its own findings of fact with- when question of law must be raised by instruction. APPELLATE COURT.-See COURTS; SUPREME COURT. 389 395 395 398 163 power of, to reverse on facts without remanding... 348 348 effect of judgment of Appellate Court reversing and re- 431 may affirm after remittitur .... 188 findings of fact by, are conclusive..... 215 findings of, construed in connection with the pleadings.... 215 298 ASSESSMENTS.-See SPECIAL ASSESSMENTS. laws of 1895, p. 286, construed as to the power of park board 87 when mutual insurance company has no power to assess for 470 unauthorized assessment by mutual insurance company 470 insurance-payment of illegal assessment does not work 470 ASSIGNEE IN INSOLVENCY. contract for sale of land by assignee subject to court's ap- 328 legal status of private purchaser of land from assignee..... 328 ASSIGNMENTS. effect of assignment of policy of re-insurance to company 173 assignment of secured debt with reservation of security- 566 effect of voluntary assignment in forfeiting lease..... 441 117 ATTACHMENT. PAGE. attachment proceedings are not a sufficient basis to main- 305 ATTORNEYS AT LAW. administering oath by attorney of party, though improper, proceedings to disbar are summary.. courts have summary jurisdiction over attorneys.. 388 194 . 194 usual mode of proceeding against attorney for misconduct 194 ATTORNEY IN FACT. acknowledgment of plat by, insufficient in dedication pro- BAGGAGE. duty of railroad company to send baggage on same train 194 362 destruction of baggage shipped by later train-liability of 545 question of negligence in separating baggage from passen- 545 BANKS. ..... power of national bank to execute lease before getting € 100 what is not a preliminary to the organization of a national 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 78 irregularity in notice does not avoid judgment of expulsion 78 298 finding of Appellate Court as to identity of charges against 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- 241 241 ....... 241 ......... note made payable to order of maker-when it becomes ... 241 241 .... it is the presumption that the endorsement of a third party 241 241 when endorsement of third party before delivery to payee BOARD OF TRADE. 241 effect of termination of membership on property rights... 431 for expulsion...... 431 courts cannot inquire into sufficiency of evidence on which 432 Chicago board may suspend member for dishonorable con- buying tickets over connecting lines of railroads-liability 522 BURDEN OF PROOF. burden rests on insolvent debtor to disprove fraud in a vol- 625 |