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REDEMPTION.-Continued.

PAGE.

when conveyance by the mortgagor to mortgagee will not
operate as an extinguishment of redemption.....
assignment of certificate of sale does not operate as a re-
demption to owner of the equity.....

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RELEASE OF TRUST DEED.

stipulations in trust deed as to partial release construed.. 426
provision for release of portion of premises construed..... 426

REMEDIES.

a mere contract creditor must exhaust his remedy at law
before going into equity for relief................

remedy of expelled member of benefit association
replevin cannot be brought in name of an agent with naked
authority.......

collusive suit-at whose instance dismissed..

RENTS.

when landlord's lien for rent attaches...

right of tenant to sell and deliver property..

566

117

REPRESENTATIONS.

when false representations by a seller as to value will avoid

sale......

when representations as to value will bind a vendor.

REMITTITUR.-See PRACTICE.

when error may be obviated by a remittitur and payment of
costs.....

322

RES JUDICATA.

effect of judgment of Appellate Court reversing and re-
manding....

305

78

43
48

REPLEVIN.

by mortgagee of mortgaged goods taken on execution-
must account for proceeds of sale...............

113

when proceeds of sale are not in the custody of the law.
action cannot be brought in name of agent....

113
43

right to foreclose not separable from mortgagee's interest 43
language of Replevin act construed...

44

158

158

417

417

RE-SALE.-See SALES.

when vendor may re-sell property upon default of purchaser 92

431

RESTRAINT OF TRADE.

when contracts in restraint of trade are void

377

limits within which trade may be restrained by contract.. 377

RETROACTIVE LAWS.

effect of subsequent statute reducing the rate of interest
upon insurance policy......

REVOCATION.

of will-withdrawal of renunciation...

PAGE.

....

322

SALES.

sale of homestead on execution does not affect owner's title 283
sale of homestead under execution-owner may assert his

right by original bill or otherwise..
assignment of master's certificate of sale does not operate

as a redemption to owner of the equity....

estoppel of vendor to redeem from master's sale as against
vendee...
............... 117
refusal of purchaser to take the property-notice of re-sale 92
sufficiency of symbolic delivery of property sold.................... 158
when false representations by a seller as to value will avoid

sale...

when representations as to value will bind a vendor.
legal status of purchaser by private sale of land from as-
signee.

167

283

117

417

417

328

SEPARATE MAINTENANCE.

when chancellor's findings will not be disturbed in a suit
for separate maintenance....

398

what facts are insufficient to defeat separate maintenance 398
allowance deemed not excessive on facts shown..

398

SHORT CAUSE CALENDAR.

when a cause is "at issue," within meaning of the statute. 162

SPECIAL ASSESSMENTS.

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

effect of city not taking immediate possession..
what may be shown on application for judgment for.
indefinite postponement of possession of street-equitable

relief......

sufficiency of petition-defective certificate of city clerk

to ordinance-effect....

313

what sufficient recital of commissioners' report in petition 313
omission of ordinance from record- presumption as to

288
288

288

288

passage.

313

ordinance for paving and curbing includes adjustment of

sewers.....

313
ordinance attached to petition need not be certified....... 111
commissioners cannot assess for street not named in order

of their appointment..

111

SPECIAL ASSESSMENTS.-Continued.

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

where 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 pub-

lic improvement......

383

383

right of city to dismiss proceedings to extend street..
sufficiency of ordinance as to description of street-grade. 383
for improvement of park boulevard cannot be divided into
installments.....

PAGE.

SPECIAL FINDINGS.

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

act of 1887, as to special findings, construed.

..

SPECIFIC PERFORMANCE.

compelling specific performance by assignee for creditors

--want of mutuality..

....

STATUTES.

laws of 1895, p. 286, applied as to payment of special asseɛs-
ments..

595

laws of 1887, p. 251, construed as to special findings
Rev. Stat. 1874, sec. 6, chap. 13, construed as to disbarment

280

effect of vendor's neglect or inability to perform, without
willful refusal, as to payment of interest by purchaser.. 632

of attorney.

Rev. Stat. 1874, p. 116, as to probating claims, construed

with Rev. Stat. p. 124, on the same subject...

sec. 4, chap. 22, 1 Starr & Curtis, construed as to the com-

187

187

STATEMENTS.

sufficiency of claim filed for mechanic's lien............

effect of claiming too much in statement filed for mechan-
ic's lien.....

STATUTE OF FRAUDS.-See FRAUDS, STATUTE OF.

STATUTE OF LIMITATIONS.-See LIMITATIONS, STATUTE
OF.

328

133

133

280

187

194

236

mencement of suit in equity..

232

Rev. Stat. 1874, sec. 102, chap. 3, construed as to method of
- serving process, in proceeding to sell lands to pay debts
of intestate.....

section 87 of the Practice act construed as to reversal by
Appellate Court without remanding.....

348

179

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STATUTES.-Continued.

Rev. Stat. 1874, sec. 1, chap. 40, construed as to meaning

of phrase "naturally impotent"...

Rev. Stat. 1874, sec. 15, chap. 68, construed as to family

PAGE.

expenses

357

sec. 53, art. 9, of the City and Village act, construed as to
supplemental petitions......

383

law of 1889, p. 117, for dissolution of drainage district, is
constitutional

388

......

Rev. Stat. sec. 8, chap. 32, construed as to filing affidavit in

402

garnishee proceedings against stockholders....
laws of 1889, p. 212, construed as to power of park boards to
extend driveway over the waters of Lake Michigan...... 138
reduction of legal rate of interest-effect upon insurance
policy....

322

what is a sufficient expression of the subject of statute in
title.....

139

laws of 1875, p. 86, construed as to publication notice to
obtain execution against lands of a deceased person... 337
Rev. Stat. 1874, sec. 1, chap. 119, p. 1102, construed as to
bringing replevin
laws of 1875, p. 81, construed as to liability of unauthorized

persons selling railroad tickets..

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

Rev. Stat. sec. 9, chap. 74, construed as to usury...

.....

368

.....

......

44

SUBROGATION.

when insurance company paying loss cannot be reimbursed
by subrogation

48

STOCKHOLDERS.

part, only, of their subscriptions......

corporations cannot relieve stockholders on payment of
.... 402
garnishee proceedings against stockholders may be begun
without affidavit.............

87
133

SUBMERGED LANDS.

of the great lakes-when may be conveyed by the State... 138
power of legislature to appropriate for improvements..... 139
statute of 1889 does not require park board to sell such

lands for cash......
139
how legislature may authorize extension of driveway over 138

402

... 173

SUMMONS.-See PROCESS.

what is sufficient in proceeding to sell lands to pay debts of
intestate.....

179

method of serving, in proceeding to sell lands to pay debts
of intestate.

179

SUPREME COURT.—See COURTS; APPELLATE COURT. PAGE.
will not weigh evidence, when.....

185

questions not raised below will not be considered by....... 200
reasons for judgment of Appellate Court not reviewable by 200
cannot review law and facts, when..

395

SYMBOLIC DELIVERY.-See DELIVERY.

locking door of premises and delivery of key is a

TESTATOR.

SYNDICATE.

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

511

interest allowed on money received secretly by one of the
promoters to another's use......

....

is presumed to be of sound mind..

TRIAL.

158

511

TICKETS.

what statements in railroad ticket do not constitute it a
contract of carriage by selling company......
coupon tickets sold by a carrier for use on another line need

522

not expressly limit liability of seller......
extent of implied contract of carrier selling coupon tickets
for connecting road.....
connecting carriers do not become partners by selling tick-
ets over each other's lines...

......

209

522

522

TITLES.

what is not change of title of property insured, under the
condition of insurance policy......

251

sale of homestead on execution does not affect owner's title 283
proof of prima facie title is sufficient to establish plaintiff's
rights in ejectment, as against intruder....

522

171

construction of insurance policy is for the court..........
question of negligence in separating baggage from passen-
ger is for the jury.. ....

545

right of trial by jury not infringed by Appellate Court by

348

reversing without remanding case.......
when the court should not take the case from the jury.... 447
personal injury-evidence held sufficient to go to the jury.. 447

322

TRUST DEEDS.

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

426

stipulation in trust deed cannot be varied by parol evidence 426

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