INDEX.

ACTIONS AND DEFENSES.

when writ of mandamus will be denicd..
effect where one joint defendant to action for injury to
person dies pending suit.....

PAGE.

55

87

when a deed is color of title to grantor's interest, only-
when a deed may be color of title to all the land....... 95
when Statute of Limitations does not begin to run against
a co-tenant-when rights of a co-tenant are not barred
by laches

when mandamus will not lie against a county.

95

158

159

mandamus will not lie to collect a claim not ascertained
to be due.... . . . .
when rule that grantor's declarations in disparagement of
title are not admissible does not apply-when the Stat-
ute of Limitations is not available in a partition suit... 178
declarations of the party in possession are admissible to
show that possession was permissive-rule where pos-
session is permissive in its inception....

123

222

282

organization of school district cannot be questioned in a
mandamus proceeding to compel levy of tax.....
provisions of section 12 of the Limitation act must be read
as a part of sections 13, 14 and 15......
action for damages for injury to person must be begun
within two years though form of action is assumpsit―
when an action for personal injury is barred...... 282
when decree in former proceeding does not bar forfeiture
for breach of condition subsequent. . . . .
when settlement of suit by conveying property does not
bar right to have the deed set aside......
defense of laches must be set up in some manner.
loss of switch-track connections by reason of change of
grade gives no right of action for damages......
when defense of Statute of Frauds set up in answer to
bill to establish trust need not be considered....

.....

294

301

302

... 313

351

ACTIONS AND DEFENSES.-Continued.

....

in case of loss of goods through negligence the carrier
may be sued either in assumpsit or tort.....
when unlicensed foreign corporation cannot maintain re-
plevin-when allegations in plea in replevin are mere
surplusage

PAGE.

417

448

449

when writ of retorno is properly issued-when purchaser
cannot withhold property from true owner....
when Statute of Frauds is not involved in proceeding to
quiet title a valid deed must be signed, sealed and de-
livered-burden of proof......

506

when insured may recover back premiums paid on a pol-
icy void ab initio-what necessary to constitute waiver
of defense to an action on policy..
when failure to refund premiums is not a waiver of de-
fense that policy is void ab initio-a beneficiary cannot
sue for premiums paid by insured.

516

516

proceeding begun before an amendment of statute, contin-
ues, after amendment, according to the new law....... 630
remedy by suit for collection of taxes may be implied-as-
sumpsit may, by statute, be used for recovery of taxes. 638
fact that remedy is by suit for collection of taxes does not
change tax obligation into a contract..............

638

tax is not a contract obligation merely because statute al-
lows its recovery in action of debt..

638

municipal court of Chicago has no jurisdiction of suit for
taxes on ground of an implied contract...

638

639

when an action of debt lies.....

AGENCY.-See PRINCIPAL AND AGENT.

ALIENS.

alien dependents are included within the meaning of the
Workmen's Compensation act of 1913.....

AMENDMENTS.

12

when leave to amend record should be granted on appli-
cation for judgment and order of sale for taxes......
when the failure to file amendment after leave granted is
not fatal

209

418

AMUSEMENTS.

what amusements cannot be prohibited-a city cannot pro-
hibit free dancing in restaurants-when Chicago amuse-
ment ordinance does not apply....

408

ANNEXATION.

what circumstances do not justify annexation of land un-
der section 58 of the Levee act....

ANTE-NUPTIAL CONTRACTS.

....

PAGE.

77

when provision of ante-nuptial contract does not amount
to conveyance of remainder in real estate to children.. 228

APPEAL BONDS.-See BONDS.

APPEALS AND ERRORS.

when freehold is not involved-when question of location
of boundary line does not involve a freehold.......... 28
when defendant to application to register title cannot com-
plain that the publication proceedings were defective.. 58
objections raised for the first time on appeal cannot be
considered....

decision of the Industrial Board can be reviewed for er-
rors of law only-when decision of the Industrial Board
is binding....

....

58

70

Practice act now governs removal of cases from Appellate
Court to Supreme Court-on certificate of importance
there must be an appeal and not a writ of error........ 91
appeal to the Supreme Court cannot be based on consti-
tutional question not presented below.....
question of construction of a statute does not authorize
direct appeal to Supreme Court....

189

189

question of what construction shall be placed on the char-
ter of corporation does not involve a franchise...... 189
appeal will be dismissed if record contains no authenti-
cated copy of judgment..

.... 193

what fact does not preclude conviction for receiving stolen
property when naming a witness in an instruction is

214

not error

....

order of circuit court admitting will to probate on appeal
from county court is final and appealable-effect of ad-
mitting second will to probate..

237

what is not such a material modification of a decree as
amounts to the prosecution of the appeal with effect... 275
extent to which interest is recoverable in suit on appeal
bond in foreclosure case....

275

when appeal from part of a decree operates as a sever-
ance-if the remaining part is interlocutory no appeal
lies therefrom

351

....

the Supreme Court cannot weigh evidence in suits at law
coming through Appellate Court.

417

APPEALS AND ERRORS.-Continued.

when failure to file an amendment after leave granted is
not fatal ....

PAGE.

418

498

when the decision of the Industrial Board is conclusive-
what is a question of law as to evidence in proceeding
under Workmen's Compensation act.
when beneficiary cannot claim judgment in the Supreme
Court for premiums paid by her for the insured..................... 517
when contention that ordinance imposing a license fee is
void cannot be considered by Supreme Court......... 569
when Supreme Court will review case although the con-
stitutional question has been determined.....
the Supreme Court will not occupy itself with mere moot
cases when decree dismissing bill for injunction must
be affirmed....

when instruction in a perjury case is properly refused-
when right to object to a variance is waived.....

ARSON.

605

613

.. 616

confession is involuntary if made through hope or fear-
a confession not freely made is not admissible in chief.. 435
when it is prejudicial error to admit confession of a co-
defendant-general rule as to admission of confession
of co-defendant

ASSUMPSIT.

assumpsit may, by statute, be used for recovery of taxes-
the promise to pay need not be alleged in a suit to col-
lect taxes

435

... 638

the municipal court has no jurisdiction of suit for taxes on
ground of implied contract....

. 639

BASE FEES.

will construed as passing base or determinable fee....... 452

BENEFIT SOCIETIES.

when subsequent by-laws are binding-by-law providing
for suspension of member of society after one year's
continued disappearance is reasonable...

. 196

BILLS AND NOTES.

when copy of note sued upon is part of statement of claim
in the municipal court of Chicago...

... 232

notes of foreign corporation given for goods or supplies
are not invalid because it has not complied with the Illi-
nois laws....

232

BONDS.

PAGE.

what is not such a material modification of a decree as
amounts to the prosecution of the appeal with effect... 275
extent to which interest is recoverable in suit on appeal
bond in foreclosure case....

275

BOUNDARIES.

when question of location of boundary line does not in-
volve a freehold....

28

BUILDING RESTRICTIONS.

all doubts are resolved against restriction on use of prop-
erty-a flat or apartment building is within the term
"single detached dwelling house".

BURGLARY.

319

felonious intent must be proved to convict of burglary—
what evidence not sufficient to prove felonious intent...

556

BY-LAWS.-See BENEFIT SOCIETIES.

CARRIERS.-See RAILROADS.

city has no power to prevent a common carrier from bring-
ing liquor into city which is "dry" territory....
carrier is not bound to accept an intoxicated person as a
passenger-when person is not a passenger... ..
person cannot become a passenger against the will of the
carrier-when person is guilty of negligence in attempt-
ing to board moving train....

152

.... 201

201

persons transporting goods for hire are private or com-
mon carriers-truckmen, as a general rule, are common
carriers...

417

in case of loss of goods through negligence the carrier may
be sued either in assumpsit or tort....

417

CERTIFICATES OF IMPORTANCE.

on certificate of importance there must be an appeal and
not a writ of error...

91

CITIES. See MUNICIPAL CORPORATIONS.

CLOUD ON TITLE.

effect of the act of 1909 regarding holders of tax deeds
who do not take possession within one year—when a
tax deed does not constitute a cloud.

559