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FILING FOR RECORD.

PAGE.

... 167

what is filing a paper for record with county clerk
paper once filed cannot be withdrawn by permission of
county clerk....

.....

a paper filed for record is, in contemplation of law, re-
corded...

167

167

.FORECLOSURE.

of chattel mortgage - mortgagee is charged with proceeds
of the sale.....

...........

113

of a mortgage on lands of decedent not barred in two years 410
right to foreclose chattel mortgage not separable from
mortgagee's interest.

FORFEITURE.

43

of lease upon assignment-effect of voluntary assignment. 441
effect of receiving rent upon right to forfeit lease for con-
dition broken....

FORMER CASES.

441

Cobb v. Smith, 88 Ill. 199, distinguished as to intention of
abandonment of homestead......

... 283

Hay v. People, 59 Ill. 94, distinguished as to proceedings to
suspend an attorney..

194

179

Lynn v. Lynn, 160 Ill. 307, followed as to appeals from the
county court to sell lands to pay debts....
Illinois Central Railroad Co. v. Copeland, 24 Ill. 332, distin-
guished as to the contract made by selling coupon tickets 522
Hutt v. City of Chicago, 132 Ill. 352, and Edwards v. City of
Chicago, 140 id. 440, distinguished as to matters affecting
benefits competent as evidence in special assessments... 289
Philadelphia and Reading Coal and Iron Co. v. City of Chicago,
158 Ill. 9, followed as to filing remanding order in public
improvement proceedings....

383

Washington Ice Co. v. City of Chicago, 147 Ill. 327, distinguished
as to apportionment of cost upon property benefited by
public improvements.....

383

City of Chicago v. Law, 144 Ill. 569, distinguished in proceed-
ings of condemnation.....

383

FRAUD.

when false representations by a seller as to value will avoid
sale......

417

when representations as to value will bind vendor.......... 417
confession of judgment in vacation-stranger can attack
only for fraud ......

35

who may attack fraudulent judgment after term expires.. 48
stranger to fraudulent judgment or decree may attack it
collaterally.. . . . .

48

FRAUDS, STATUTE OF.

PAGE.

an express trust cannot be created by parol, under the
Statute of Frauds ..

.... 557

when contract to convey is within the Statute of Frauds.. 557

FRAUDULENT CONVEYANCE.

bill to set aside-return nulla bona not necessary...
retention of insufficient property by debtor at the time of
making voluntary conveyance to his wife......

625

625

GARNISHMENT.

against stockholder of corporation-when no affidavit is
required.

402

GUARANTY.

endorsement of note before delivery to payee-when a
guaranty... . .

241

endorsement of note by third person-presumption of guar-
anty....

241

when the maker, who is also the payee, endorses the note,
he becomes a second endorser and not a guarantor..

241

HOMESTEAD.

how judgment debtor may avail himself of his right.....
claimant of, may assert his right by motion

282

282

may be abandoned, but not waived except in statutory way 283
sale of homestead on execution does not affect owner's title 283
effect of leaving without fixed intention to reside elsewhere 283
when premises cannot be sold to pay debts of intestate sub-
ject to homestead

HUSBAND AND WIFE.

179

voluntary settlement upon wife-fraudulent conveyance.. 625
what facts are insufficient to defeat separate maintenance 398
allowance of separate maintenance deemed not excessive

on facts shown.....

398

what class of articles constitutes a family expense..
article which does not conduce to the welfare of family is
not a family expense......

357

357

a finger ring is not a family expense.

357

when divorce will be granted wife for impotency of husband 368
meaning of words "naturally impotent," in statute.... 368
divorced wife incompetent to prove impotence of former
husband.....

368

IMPLIED CONTRACTS.

an implied contract exists that carrier will send baggage
on same train with passenger...

545

IMPLIED CONTRACTS.-Continued.

PAGE.

extent of implied contract of carrier selling coupon tickets
for connecting roads ....

IMPROVEMENTS.-See PUBLIC IMPROVEMENTS.

.... 522

by park commissioners-validity of assessment for improve-
ments.....

... 87

construction of statute authorizing park commissioners to
make improvements..

INSOLVENCY.

confession of judgment by insolvent debtor is not fraudulent
in itself......

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.. 35

burden rests upon insolvent debtor to disprove fraud in con-
veying his property..

625

INSTRUCTIONS.

calling attention to a party's interest as affecting his credi-
bility...

130

assuming facts which should be left to jury.

130

as to office of affidavit in attachment......

395

when improper refusal of instruction is cured......
instruction assuming unproved facts is properly refused... 448
when peremptory instruction to find for the defendant may
be refused.....

448

185

that testator is presumed of sound mind and memory-
when not error..

209

party cannot complain of instruction which he in substance
asks......

200

.482, 92

court need not give duplicate instructions..

as to damage for causing death-when not objectionable.. 583
when instructing jury orally is no cause for reversal...... 162
should not take the question of defendant's negligence
from the jury.......

658

when erroneous instruction as to negligence is not cured
by others....

658

it is not error to refuse duplicate instructions

658

INSURANCE.

conditions of policy as to ownership and title of property
construed... . . .

251

effect of prohibited act which does not increase hazard........ 251
when one procuring insurance acts as agent for owners of
the property.......

173

agreement of one company with another to issue policy-
how enforced-parties... . .

173

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

173

what is not a re-insurance.

174

INSURANCE.-Continued.

construction of policy-when property is "specifically in-
sured"..

PAGE.

322

322

stipulations in open policy as to waiver of conditions by
agent-effect.

322

construction of insurance policy is for the court...
power of mutual company to assess for surplus fund... 470
unauthorized assessment by mutual company disregarded
by members...

470
payment of illegal assessments does not work estoppel..... 470
INTENTION.

governs as to whether a deed absolute on its face is a mort-
gage.....

251

......

effect of intention in will as to payment of annuity out of
the corpus of the estate.......

267

leaving homestead without fixed intention to reside else-
where....

283

......

INTEREST.

allowed on money received secretly by one to another's use 511
on contract for sale of land runs from time of taking pos-
session, when. ....

632

right of vendor who is in willful default, to interest on land
contract.....

....... 632

effect of vendor's neglect or inability to perform, in the
absence of willful refusal.....

632

....

when purchaser of land is not liable for interest after pos-
session......

632

upon insurance policy-effect of statutory reduction of rate 322
words of contract construed as to usury....

133

JOINT DEBTORS.

effect of payment or extension by one of two joint debtors,
as to running of Statute of Limitations...

113

JUDGMENTS AND DECREES.

confession of judgment by an insolvent debtor is not per se
fraudulent.

35

confession of judgment in vacation-stranger can attack
only for fraud....

35

confession for too large a sum-who may complain...
when judgment of tribunal of benefit society cannot be col-
laterally attacked in court....

35

299

judgment of tribunal of corporation cannot be reviewed by
the courts....

431

irregularity in notice does not avoid judgment of expulsion
from benefit society....

78

who may attack fraudulent judgment after term expires.. 48

JUDGMENTS AND DECREES.-Continued.

party or privy cannot attack collaterally.....
strangers to fraudulent judgment or decree may attack it
collaterally.... ..

PAGE.

48

48

48

liability to prosecution not ground on which stranger can
move to expunge a decision

JURISDICTION.

....

... 194

566

.... 589

courts have summary jurisdiction over attorneys..
of subject matter is not a matter of consent..
where foreign jurisdiction is sought solely to obtain a di-
vorce the divorce is invalid.......
benefit association not acting within the scope of its juris-
diction-rights of expelled member....
grounds of objections to jurisdiction of court must be stated
in trial court...

JURY.

... 78

389

right of trial by jury not infringed by Appellate Court by
reversing without remanding cause.....

LAKES.

348

general powers of the legislature over waters of..... .... 139
as boundaries of land bordering on......

.. 138

lands under the great lakes are held by the State, as lands
under tide waters by the common law....

138

the rule of lands bordering on the sea, as to boundaries,
applies to land on the great lakes.

... 138

LANDLORD AND TENANT.

forfeiture of lease upon assignment-effect of voluntary
assignment....

441 *

effect of receiving rent upon right to forfeit lease for

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forfeiture of, by voluntary assignment of lessee.....
effect of receiving rent upon right to forfeit lease for con-
dition broken....

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power of national bank to execute, before getting comp-
troller's certificate..

100

LEGACIES.

when annuitant may have arrears paid out of the corpus of
the estate.....

267

when principal of legacy is not subject to payment of an-

nuities...

267

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