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TRUSTS AND TRUSTEES.

PAGE.

effect of deed made to a trustee for a partnership......... 222
effect of deed where part of the beneficiaries only are in-
definite.....

222

effect of deed where a firm and also individuals are named
as beneficiaries.....

222

an express trust cannot be created by parol..

557

ULTRA VIRES.

corporation is liable for benefits received under contract
ultra vires.....

100

.. 100

contract not malum in se—parties will be restored to origi-
nal condition..

USES, STATUTE OF.

conveyance of an estate under-effect.....

when the statute does not execute the use:.

222

222

what is necessary to bring an estate within the operation of 222

USURY.

words of contract construed as to usury.

133

VENDOR AND PURCHASER.

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

632

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

632

effect as to interest of vendor's neglect or inability to per-
form, in the absence of willful refusal....

632

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

632

when representations as to value will bind vendor..
when vendor may re-sell......

417

92

......

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

117

legal status of private purchaser of land from an assignee 328

VOLUNTARY ASSIGNMENT.

effect, when lessee stipulates not to assign lease without
written consent of lessor.....

.... 441

VOLUNTARY ASSOCIATION.

the Chicago board of trade, though incorporated, is a vol-
untary association......

431

incorporated or unincorporated-right of expelled mem-
bers to seek redress in court....

78

when member must first appeal to higher tribunal of the
organization...

78

VOLUNTARY ASSOCIATION.-Continued.

PAGE.

78

members of, are bound by the by-laws and constitution of
the order.....

when mandamus will not lie to re-instate expelled member. 78

VOLUNTARY CONVEYANCE.

when conveyance to wife by husband is voluntary as to
creditors. ...

625

burden rests on insolvent debtor to disprove fraud by such

conveyance.

625

...

VOLUNTARY SETTLEMENT.

voluntary conveyance by husband to wife-consideration.. 625

WAIVER.

of owner in condemnation by city, as to time of taking pos-
session of land ...

288

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

322

a homestead cannot be waived except in the statutory way 283
effect of receiving rent upon right to forfeit lease for con-
dition broken.....

441

objections in garnishee proceedings are waived if not stated

in defendant's answer....

402

grounds of objections to jurisdiction are waived if not
stated in trial court..

389

of errors, on appeal, by not having specified them....
failure to except waives error in admitting evidence.....

346

92

WATERS.

State holds title to submerged lands in trust.....
how far legislature may authorize extension of driveway
over waters....

138

138

power of legislature to appropriate submerged lands...
general powers of legislature over waters of lakes..

139

139

WILLS.

construction-when effect must be given to all the language
used.......

whether certain language used creates a fee

124

124

effect of filing renunciation of a will-withdrawal.....
whether principal of fund is liable for arrearages of an-

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examination of witnesses whose names are not endorsed on
indictment is discretionary with court...

259

WITNESSES.-Continued.

PAGE.

competency of wife in suit against her and her husband
jointly.

357

divorced wife incompetent to prove impotence of former
husband

368

WORDS AND PHRASES.

"recite the ordinance" construed as to report of commis-
sioners in petition for special assessment...

313

meaning of "interest at five per cent"....

133

sufficiency of statement "about the second day of July,
1892," in mechanic's lien.

133

......

when “per annum” or “by the year" will be added to the
rate of interest....

133

meaning of "prosecution," as used in section 33, article 6,
of the constitution......

194

"specifically insured" construed.

322

when a cause is "at issue".

162

"good for one first-class passage," as a contract to trans-

port over connecting railroad line

522

"ordinary care" defined....

658

"expenses of family," as used in section 15, chapter 68, of
the Revised Statutes, explained..

357

"naturally impotent" explained

368

when word "president" is mere description-note of cor-
poration

241

"rents and profits"-meaning of, as used in will for payment

of annuities.

267

TABLE OF CASES

COMPRISING THE FORMER DECISIONS OF THIS COURT, CITED, COM-
MENTED UPON OR EXPLAINED IN THIS VOLUME.

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Anderson Pressed Brick Co. v. Sobkowiak, 148 Ill. 573

.493, 460

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Baker v. Rockabrand, 118 Ill. 365....

Bank of Michigan City v. Haskell, 124 Ill. 587.

400

130

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Beattie v. Browne, 64 Ill. 360......

Baxter v. Board of Trade, 83 Ill. 146..

Beardstown, City of, v. City of Virginia, 81 Ill. 541.

Becker v. Dupree, 75 Ill. 167..

439

286

249, 247

162

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Bishop v. American Preservers' Co. 157 Ill. 284.

533

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Cahokia, Village of, v. Rautenberg, 88 Ill. 219
Campbell v. Goddard, 117 Ill. 251....

246

42

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Chicago and Alton R. R. Co. v. Dumser, 161 Ill. 190,....531, 528, 100

Chicago and Alton R. R. Co. v. Fears, 53 Ill. 115..
Chicago and Alton R. R. Co. v. Gomes, 153 Ill. 209..
Chicago and Alton R. R. Co. v. Heinrich, 157 Ill. 388.
Chicago and Alton R. R. Co. v. May, 108 Ill. 288..
Chicago and Alton R. R. Co. v. McLaughlin, 47 Ill. 265.
Chicago and Alton R. R. Co. v. Murphy, 53 Ill. 336..
Chicago and Alton R. R. Co. v. Sanders, 154 Ill. 531
Chicago Building Society v. Crowell, 65 Ill. 453..

353

416

186

.493, 456

353

220

132

110

Chicago, Burlington and Quincy R. R. Co. v. Jones, 149 Ill. 361. 503
Chicago, City of, v. Blair, 149 Ill. 310
Chicago, City of, v. Law, 144 Ill. 569

Chicago, City of, v. Witt, 75 Ill. 211

91

387

578

Chicago Drop Forge and Foundry Co. v. Van Dam, 149 Ill. 337.. 453
Chicago and Eastern Illinois R. R. Co. v. Kneirim, 152 Ill. 458.. 493
Chicago and Grand Trunk Ry. Co. v. Gaeinowski, 155 Ill. 189... 47
Chicago, Milwaukee and St. Paul Ry. Co. v. Hock, 118 Ill. 587.. 294
Chicago and Northwestern Ry. Co. v. Andrews, 148 Ill. 27.. 438
Chicago and Northwestern Ry. Co. v. Dunleavy, 129 Ill. 132..191, 189
Chicago and Northwestern Ry. Co. v. Merrill, 48 Ill. 425..
Chicago and Rock Island R. R. Co. v. Fahey, 52 Ill. 81....

353

529

Chicago, St. L. and Pittsburg R. R. Co. v. Hutchinson, 120 Ill. 587 660

Cincinnati Mutual Health Ass. Co. v. Rosenthal, 55 Ill. 85................. 110
Cloud v. Greasley, 125 Ill. 313.

563

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Columbus, Chi. and Ind. Central Ry. Co. v. Troesch, 68 Ill. 545.. 220
Commercial Ass. Co. v. Scammon, 126 Ill. 355....
Commercial Ins. Co. v. Scammon, 123 Ill. 601

258

.354, 352

Commercial Ins. Co. v. Spankneble, 52 Ill. 53.

Consolidated Coal Co. v. Haenni, 146 Ill. 614....

256

.459, 456

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