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PASSENGERS.

railroad company's liability for injury to passenger.
duty of railway company to send baggage on same train
with passenger....................

PAGE

98

545

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

545

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

545

PAYMENT.

insurance-payment of illegal assessment does not work
estoppel to deny second assessment

470

when purchaser must pay interest on land contract from
time of taking possession....

632

provision for release of portions of mortgaged premises
upon partial payment is enforcible....

426

when payment to one held out as agent is sufficient..
when payment of purchase money may be allowed in pro-
bate......

203

236

when an annuity can be paid out of the corpus of the estate 267
effect of payment by one of two joint debtors as to the run-
ning of the Statute of Limitations.....
corporations cannot relieve the stockholders on part pay-
ment, only, of subscription, without a new consideration 402
partial release of mortgage on part payment of debt...... 426

113

PETITION.

to dissolve drainage district-sufficiency of showing as to
area and ownership......

sufficiency of-special assessments..

what is a sufficient recital of report of commissioners in
petition for special assessment...

PLATS.

388

. 313

313

acknowledgment of plat by attorney in fact is insufficient. 362
effect of conveyance in accordance with plat made by an-
other..

PLEADING.

362

effect of not adding a similiter to a plea of the general issue 162
when allegation in declaration will be treated as surplusage 448
strict rule of criminal pleading not applied to proceedings
of committee of Chicago board of trade.....
when leave to file new bill may be refused..

431

337

prayer for general relief in partition does not cover re-
demption from mortgage and accounting....

557

bill does not lie against debtor to discover persons owing

him.

305

POLICY OF INSURANCE.-See INSURANCE.

construction of, is for the court...

when property is "specifically insured".

PAGE.

322

322

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

322

interest upon insurance policy-effect of statutory reduc-
tion of legal rate..

322

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

251

POSSESSION.

passes by a symbolic delivery of chattels to vendee........ 158
taking possession of condemned lands-waiver of owner as
to time....

288

when stipulation as to possession of condemned lands is no
defense to special assessment..

288

effect of city not taking immediate possession of con-
demned lands........

288.

indefinite postponement of possession of street by city-
equitable relief.

288

under mortgage after condition broken-effect as to claim
of title....

232

what is notice of-pasturing cattle..

566

is not notice of adverse title.

566

when purchaser must pay interest on land contract from
time of taking possession....

632

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

632

prior possession of land, with claim of ownership, is evi-
dence of a fee ....

171

PRACTICE.

exceptions to master's report need not recite the evidence 133
what exceptions to master's report should show...............
when error may be obviated by a remittitur and payment of
costs...

133

322

failure to except waives error in admitting evidence
motion for allowance of damages, on appeal-delay...

92

131

one excepting to master's report must refer to evidence.. 133
proper procedure where master draws wrong legal conclu-
sion ....

it is not error to refuse duplicate instructions.

133
658

when document will be treated as having been read to jury 162
when instructing jury orally is not cause for reversal ..... 162
when similiter is not added to the plea of the general issue-
effect......

remittitur in Appellate Court-effect upon costs

162

163

PRACTICE.-Continued.

questions calling for mere evidentiary facts should be re-
fused-special findings...

PAGE.

187

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

346

346

oral announcement of court in presence of jury as to in-
structions-when not error.....

346

usual mode of proceeding against attorney for misconduct 194
claimant of homestead may assert his right by motion ... 282
grounds of objection to jurisdiction of court must be stated
in trial court...

389

Appellate Court may affirm after remittitur..

188

costs should be taxed to appellee where remittitur is entered
in Appellate Court..........

188

section 80 of the Practice act construed as to questions
which the Supreme Court can review..

46

PRESUMPTION.

that a party, not the payee, who places his name on the
back of a note before delivery is a guarantor....
instruction that testator is presumed of sound mind and
memory-when not error.....

.... 211

... 209

that assessments are properly made on lands to the owners
thereof, in drainage proceedings....

388

that the president of a corporation is authorized to carry
out its contracts.....

432

omission of ordinance for special assessment from record –
presumption as to passage

313

of ownership-when sufficient to establish plaintiff's title in
ejectment..

171

PRINCIPAL AND AGENT.

stipulations in open insurance policy as to waiver of condi-
tions by agent-effect..

322

railroad company is not liable for refusal of connecting
company to honor ticket sold by it as agent...
when payment to one held out as agent is sufficient..
how agency is terminated as to third parties ....
when one procuring insurance acts as agent for owners of
property......

522

203

203

173

PROBATE COURT.

claim for unpaid purchase money-when allowed in probate 236
who may determine whether purchase money claim shall be
allowed........

236

mortgagee need not probate his note against decedent's

estate

410

PROCESS.

PAGE.

what is a sufficient summons in proceeding to sell lands to
pay debts......

... 179

method of serving, in proceeding to sell lands to pay debts 179

PROMOTERS.

construction of contract as respects right of parties to
share profits.....

511

contract for division of profits not affected by contract by
some of the promoters with third party......
interest allowed on money received secretly by one to
another's use..

511

511

PROPERTY RIGHTS.

effect on property rights of termination of membership in
Chicago board of trade......

431

PROSECUTION.-See WORDS AND PHRASES.

PUBLICATION.

for execution against lands of deceased person-sufficiency
of affidavit......

337

wife leaving husband for cause may obtain valid divorce in
foreign State through publication..

589

PUBLIC IMPROVEMENTS.

special assessment for improvement of park boulevard can
not be divided into installments... . . .

280

assessment for city sewer-prospect of future connection
with sewer as basis of assessment

[blocks in formation]

when benefits depend on future work the latter must be
provided for......

505

when ordinance is invalid as a basis of special assessment. 505
failure to file remanding order not an abandonment of im- .
provement.......

383

383

right of city to dismiss proceedings to extend street....
sufficiency of ordinance as to description of street-grade. 383
supplemental petition in condemnation need not recite or-
dinance.....

383

sufficiency of petition for special assessment-defective
certificate of city clerk to ordinance-effect......
what is a sufficient recital of report of commissioners in
petition for special assessment......

..... 313

313

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

... 313

ordinance for paving and curbing includes adjustment of

sewers

313

PUBLIC POLICY.

contracts against public policy are void....

PURCHASE MONEY.

...

PAGE.
377

236

construction of the statute as to probating claims for pur-
chase money...
claim for unpaid purchase money-when allowed in probate 236
who may determine whether purchase money claim shall
be allowed in probate..........

PURCHASER.-See VENDOR AND PURCHASER.

236

at private sale from assignee in insolvency does not occupy
the place of a bidder at a judicial sale.............

328

QUESTION FOR THE JURY.

whether a "starter" and a gripman of a cable car are fel-
low-servants is a question of fact for the jury ...
question of negligence in separating baggage from passen-
ger is for the jury.

482

......

545

RAILROADS.

liability of company for injury to passengers....
railroad company is not liable for refusal of connecting
company to honor ticket sold by it as agent....
what statements in ticket do not constitute it a contract
of carriage by selling company..

[blocks in formation]

coupon tickets sold by a railroad company for use on line
of another company need not expressly limit liability of
seller......

522

extent of implied contract of railroad company selling cou-
pons for connecting road....

522

connecting railroads do not become partners by selling
tickets over each other's lines......

522

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

545

destruction, by act of God, of baggage shipped by later
train-liability for loss..

545

RECORDS.-See FILING FOR RECORD.

clerk cannot permit files to be withdrawn....

167

in criminal case-power of court to permit amendment of
record.....

259

....

REDEMPTION.

estoppel of vendor to redeem from master's sale as against
vendee....

is only effected by following the statutory provisions

117

117

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