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PASSENGERS.

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

PAYMENT.

545

545

with passenger........
destruction of baggage shipped by later train-liability of
carrier for loss by act of God.
question of negligence in separating baggage from passen-
ger is for the jury..

PAGE
98

....

.......

PLATS.

.....

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

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

provision for release of portions of mortgaged premises

upon partial payment is enforcible.......

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

545

......

470

632

bate....

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-
.... 113

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

426
203

PETITION.

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

388

sufficiency of-special assessments...
.. 313
what is a sufficient recital of report of commissioners in
petition for special assessment..
313

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

362

PLEADING.

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..
prayer for general relief in partition does not cover re-
demption from mortgage and accounting......
bill does not lie against debtor to discover persons owing

him.

431

337

557

305

POLICY OF INSURANCE.-See INSURANCE.

construction of, is for the court......

when property is "specifically insured"..

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

PAGE.

322

322

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........

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

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

what is notice of-pasturing cattle.

is not notice of adverse title.

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

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

288

effect....

remittitur in Appellate Court-effect upon costs

288

232
566

566

632

prior possession of land, with claim of ownership, is evi-
dence of a fee ....
... 171

632

PRACTICE.

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

costs ..

322
92
131

failure to except waives error in admitting evidence
motion for allowance of damages, on appeal-delay..
one excepting to master's report must refer to evidence.. 133
proper procedure where master draws wrong legal conclu-

sion ....

133

658

it is not error to refuse duplicate instructions.....
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—

162
163

PRACTICE.-Continued.

PAGE.

questions calling for mere evidentiary facts should be re-
fused-special findings...
187
errors not specified in motion for new trial are waived..... 346
supposed erroneous rulings upon testimony must be pointed

out in brief.......

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.......

Appellate Court may affirm after remittitur..

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

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

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.....

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

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

346

389

188

188

mortgagee need not probate his note against decedent's
estate

46

211

209

388

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.. ...
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....

173

322

522
203
203

PROBATE COURT.

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

236

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

511

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

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 ...

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.....

505

383
right of city to dismiss proceedings to extend street..... 383
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

petition for special assessment.....

certificate of city clerk to ordinance-effect..............
.... 313
what is a sufficient recital of report of commissioners in
.... 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........

PAGE.
377

PURCHASE MONEY.

construction of the statute as to probating claims for pur-

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

.... 236

PURCHASER.-See VENDOR AND PURCHASER.

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

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...

....

328

482

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..

522

coupon tickets sold by a railroad company for use on line
of another company need not expressly limit liability of
seller...
extent of implied contract of railroad company selling cou-
pons for connecting road....
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

REDEMPTION.

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

is only effected by following the statutory provisions

545

98

522

522

522

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

117
117

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