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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paper once filed cannot be withdrawn by permission of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................

167

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

..........

...

.FORECLOSURE.

113

of chattel mortgage - mortgagee is charged with proceeds
of the sale.....
of a mortgage on lands of decedent not barred in two years 410
right to foreclose chattel mortgage not separable from
mortgagee's interest.

167

FORFEITURE.

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

43

FORMER CASES.

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

FRAUD.

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

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

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

only for fraud

441

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..
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...

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179

383

383

417

417

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.

625

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

GARNISHMENT.

against stockholder of corporation-when no affidavit is
required...
402

GUARANTY.

endorsement of note before delivery to payee-when a

241

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

anty....

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

241

HOMESTEAD.

282
282

how judgment debtor may avail himself of his right....
claimant of, may assert his right by motion ...
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
.... 179

...

241

HUSBAND AND WIFE.

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.....

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

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...

398

357

545

IMPLIED CONTRACTS.-Continued.

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

PAGE.

IMPROVEMENTS.-See PUBLIC IMPROVEMENTS.

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

.... 87

construction of statute authorizing park commissioners to
make improvements..

... 87

INSOLVENCY.

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

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

...

522

35

INSTRUCTIONS.

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

130

130

395

448

assuming facts which should be left to jury..
as to office of affidavit in attachment....
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.....

625

the property......

agreement of one company with another to issue policy-

how enforced-parties.....

effect of assignment of policy of re-insurance to company
paying loss-subrogation....
what is not a re-insurance.

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
court need not give duplicate instructions.....
.482, 92
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.....

it is not error to refuse duplicate instructions

658

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

173

173

173

174

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INSURANCE.-Continued.

PAGE.

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

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

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

....

....

by members ....
470
payment of illegal assessments does not work estoppel..... 470

JOINT DEBTORS.

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

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

322

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.....

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

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

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

JUDGMENTS AND DECREES.

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

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

322
322

470

....

632

632

632

113

35

35

35

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

judgment of tribunal of corporation cannot be reviewed by
the courts......
irregularity in notice does not avoid judgment of expulsion

431

from benefit society....

299

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.... ...

48

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

PAGE.
48

JURISDICTION.

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.....

... 589
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...

distress laws are strictly construed

when landlord's lien for rent attaches.

right of tenant to sell and deliver property.

LEASE.

48

LANDLORD AND TENANT.

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

effect of receiving rent upon right to forfeit lease for
broken condition....

JURY.

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

348

194
566

LAKES.

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

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.

...

78

forfeiture of, by voluntary assignment of lessee...

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

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

389

139

... 138

138

441

441

158

158

158

441

441

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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