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LEGISLATURE.

how far legislature may authorize extension of driveway

over waters.....

power of legislature to appropriate submerged lands.
general powers of the legislature over waters of lakes..
common law does not restrict power of......
general powers of legislature-restrictions.

LEVY.

of execution upon homestead and sale thereunder do not
affect owner's title......

those interested must ascertain whether real estate levied
upon is a homestead...

PAGE.

LIENS.-See MECHANIC'S LIEN.

sufficiency of claim for mechanic's lien ...

when claim for mechanic's lien need not give items- entire
contract.....

affidavit to claim for mechanic's lien-what sufficient.....
effect of claiming too much in statement filed for me-

chanic's lien......

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LIVERY STABLES.

LICENSES.

validity of ordinance requiring consent of legal voters to
license dram-shop..............................

534

requiring the consent of legal voters to dram-shop license
is not a discrimination...

138

139

139

139

139

prohibiting erection of, without consent of property own-
ers-validity of ordinance....

construction of power of city to direct location of.

283

MANDAMUS.

when mandamus does not lie to re-instate expelled member
of benefit society.

283

133

when landlord's lien for rent attaches..

158

right of tenant to sell and deliver property-landlord's lien 158
landlord's lien at common law...
... 158

534

LIMITATIONS, STATUTE OF.

effect of possession under mortgage after condition broken 232
effect of payment or extension by one of two joint debtors. 113
prior mortgages are unaffected by subsequent Statute of
Limitations.....
foreclosure of a mortgage on lands of decedent not barred
in two years...

566

133

133

133

410

494

494

78

MASTER AND SERVANT.

duty of master to observe and know conditions under which
he sets servants to work ...
447
servant may rely upon master's precaution for his safety.. 447
master liable for negligent commands of one he places in
control........

when the act of a foreman is the act of the master..
extent of master's duty to furnish servant a safe place to
work.....

447

........

MECHANIC'S LIEN.

PAGE.

......

when servant's knowledge of conditions is not an assump-
tion of risk.......
some knowledge of attendant danger will not defeat re-
covery by servant..
servant may assume that master will not expose him to
unnecessary peril...

448

448

........

.....

MASTER IN CHANCERY.-See PRACTICE.

one excepting to master's report must refer to evidence... 133
procedure where master draws wrong legal conclusion.... 133
exceptions to master's report-practice in chancery.... 133

MATERIAL-MAN.

effect of material-man's failure to keep distinct accounts,
as affecting right to single lien....

.....

.....

447

447

effect of claiming too much in statement filed.....
year in which materials were furnished supplied from date
of claim ......

448

sufficiency of claim filed for lien....

133

when claim for lien need not give items-entire contract.. 133
affidavit to claim-what sufficient....

133

133

463

462

462

462

sufficiency of description of property in claim for lien...
single lien cannot be taken on separate properties.....
single lien on separate properties as affected by time of
recording deeds....

462

effect of material-man's failure to keep distinct accounts
as affecting right to single lien ..
.. 463

MEMBERS.—See EXPULSION OF MEMBERS.

MORTGAGES.

estoppel does not arise against mortgagee suffering default

in proceeding to sell mortgaged lands to pay debts...... 410
right to foreclose not separable from mortgagee's interest 43
when mortgagee of chattels is charged with proceeds of
property sold......

113

when a deed absolute on its face may be shown to be a mort-
gage, in an action at law.....

251

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MORTGAGES.-Continued.

PAGE.

administrators have no power to mortgage the lands of
their intestate....

233

mortgage does not work a change of title within the con-
dition of an insurance policy....

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

prior mortgage unaffected by subsequent statute of limita-
tions
.... 566
foreclosure of mortgage on lands of decedent not barred in
two years....

410

stipulation in trust deed as to partial release upon part
payment construed.....

......

251

MUNICIPAL CORPORATIONS.

provision of Chicago charter as to reference of ordinances
repealed ...

566

provision for release of portions of premises upon partial
payment enforcible.
.... 426

426

MOTION.-See PRACTICE.

when counter affidavits may be heard upon motion..... 163

534

534

dram-shops-validity of ordinance requiring consent of
legal voters to license-not a discrimination.....
act of June 14, 1895, construed as to the power of park
boards to levy assessments...

87

the reasonableness of exercise of legislative grant of power
to a city is for the court.....

power of court not taken away by provisions of general In-
corporation act...........
prohibiting erection of livery stable without consent of

506

property owners-validity of ordinance....

494

construction of power of city to direct location of livery
stable......

506

494

MUTUAL INSURANCE COMPANIES.-See BENEFIT SOCIE-
TIES.

power of mutual company to assess for surplus fund....... 470
unauthorized assessments may be disregarded by members 470
payment of illegal assessments by policyholder does not
work estoppel

470

NATIONAL BANKS.

construction of section 5134 of the Banking act, as to the
organization of national banks..

construction of Banking act as to place of business.....
when national bank is not estopped to show its want of
power to contract....

100

100

100

NAVIGABLE WATERS.-See WATERS.

are controlled by the State, subject to the Federal consti-
tution.

of the great lakes are controlled by the State, under the
Federal constitution.....

....

NEW TRIAL.

motion for, waives errors not pointed out....

PAGE.

NEGLIGENCE.

act of God does not exempt carrier where its negligence
contributes to the loss .....
responsibility where act of carrier exposes property to the
cause of loss...

.... 545

carrier is liable for loss by act of God where promptness
would have avoided it..
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

545

question of negligence in separating baggage from passen-

ger is for the jury

slight negligence is compatible with the exercise of ordi-
nary care...

"ordinary care" defined...

master is liable for negligent commands of one he places in
control

.... 447

OATH.

138

NULLA BONA.

when return of nulla bona is not necessary before filing cred-
itor's bill.

138

administering oath by attorney of party is improper-
effect..

545

545

545

NOTICE.

refusal of purchaser to take the property-notice of re-sale 92
what is not notice of possession-pasturing cattle on land.. 566
possession not notice of adverse title.....
566

658

658

of execution against lands of deceased person need not be
signed.....

.... 337
executions may issue against lands of decedent at later day
than named in notice...

must be given to third parties of the termination of gen-
eral agency..
irregularity of notice does not avoid judgment of expulsion
from benefit society.....

346

337

203

78

625

388

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ORDINANCES.

ordinance attached to petition in special assessment need
not be certified.....

validity of ordinance prohibiting erection of livery stable
without consent of property owners....
494
when ordinance is invalid as a basis of special assessment. 505
when court may pass upon the reasonableness of ordinance

for sewer.....

provision of Chicago charter as to reference of ordinance

PAGE.

requiring the consent of legal voters to dram-shop license
is not a discrimination.

sufficiency of ordinance as to description of street-grade-

public improvements.....

supplemental petition in condemnation need not recite or-

dinance...

repealed....

534

validity of ordinance requiring consent of legal voters to
license dram-shop ..

€ 534

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PARTNERSHIP.

111

506

383

construction of ordinance passed prior to act of 1895, as to
payment of special assessments in installments.....
defective certificate of city clerk to ordinance for special

280

assessment-effect......

PARTITION.

what interest will enable one to maintain a bill.....
one claiming through parol agreement to convey cannot
maintain partition...

534

313

ordinance for paving and curbing includes adjustment of

sewers

313

383

omission of ordinance from record for special assessment-
presumptions as to passage

ORDINARY CARE.-See DUE CARE; WORDS AND PHRASES.

effect of deed of land made to.....

effect of deed made to one in trust for......

effect where a firm and also individuals are named as bene-
ficiaries....

connecting carriers do not become partners by selling tick-
ets over each other's lines..

PARKS.

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

construction of power conferred on park boards by laws of
1889, p. 212...

139

313

87

557

557

222

299
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222

522

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