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(Supreme Court of Illinois.),

E. E. Clark

VS.

William E. Robinson.

(January Term, 1878.)

BRIEFS. Extension of time to file.

O. B. Ficklin, A. J. Fryer, and H. S. Clark, for appellant. Charles Bennett, for appellee.

SCOTT, J.:

An application for an extension of time on the part of the appellee to file his brief. Time will be extended six days, in addition to that allowed by rule. The cause, however, will be taken as though the time had not been extended.

See also 88 III. 498.-Ed.

APPEAL.

((Supreme Court of Illinois.)

Harrison Moss

VS.

The Village of Oakland.

(January Term, 1878.)

Motion to dismiss for want of a sufficient bond. Leave to amend allowed.

WALKER, J.:

There is a motion entered to dismiss the appeal for want of a sufficient bond, and there is a cross motion for leave to amend and file a sufficient bond.

a sufficient bond within five days.

Leave will be given to file

INDEX.

ABUTTING OWNERS,

A.

have peculiar interest in street or park which equity will pro-
tect to prevent diversion from dedicated purpose, 79.

no defense to diversion of street or park from dedicated pur-
pose that abutting owner benefited, 79.

when precluded from enforcing rights by laches, 79.

ACTIONS, see PENALTIES,

existence of bad motive does not make act wrongful if otherwise
legal, 516.

ADMINISTRATION OF ESTATES, see COUNTY COURTS, EXECUTORS
AND ADMINISTRATORS,

interest on specific and general legacies, 256.
how interest on legacies applied, 256.

when legatee can have legacy advanced by executing bond, 256.
executors holding paramount title not bound by decree in pro-
ceedings to foreclose mortgage given by devisees if their title
is not attacked, 353.

mortgage by executors subject to debts of subsequent claimants
in probate proceedings, 353.

rights of creditors of deceased not affected by proceedings under
mortgage given by devisee after death of testator, 353.

neither creditors nor executors proper parties to foreclosure of
mortgage given by devisee, 353.

ANIMALS,

right to hold another's cattle where duty upon holder to repair
partition fence, 211.

ANTI-SCALPER Act of 1875, construed, 62.

APPEAL AND ERROR, see JUDGMENTS, MANDAMUS,

filing of bond ordinarily necessary to stay proceedings, 277.
where appellant is of class mentioned in section 98 of Practice
Act no bond necessary to stay proceedings in lower court, 277.
purchaser at foreclosure sale cannot be made party to record in
supreme court, 350.

entry of appearance of appellee in supreme court does not en-
title appellant to continuance, 350.

minor heirs need not sign bond where guardian prays appeal,
352.

appellee must see return made in time upon suggestion of dim-
inution of record and motion for certiorari, 353.

writ of error lies where no other mode of review, 442.
where dismissal of appeal will be set aside, 443.

appeal will be dismissed where record does not show judgment,

APPEAL AND ERROR, continued-

when cause will not be remanded, 444.

dismissal of appeal on account of defective bond, 444.

leave to amend allowed on motion to dismiss appeal for want
of a sufficient bond, 524.

APPEARANCE, see APPEAL and Error.

ARREST,

an execution against the body is only authorized in the three
cases provided by statute, 251.

when writ upon which body of debtor is held insufficient, 252.
when writ upon which body of debtor held purports to be issued
for one of the three statutory reasons it is presumed to be a
proper writ, 252.

body execution writ reciting issuance in "action of trespass"
shows issuance in tort action and justifies detention, 252.
ASSIGNMENTS,

for benefit of creditors, when valid, 237.

will prevail over subsequent executions, 237.

effect of omission to make inventory of assets and list of cred-
itors, 237.

subsequent execution not entitled to priority, even though as
signee has not entered into bond, 237.

title passes to assignee from date of delivery of deed, 237.
possession of property is equivalent to record of deed, 237.
ASSOCIATIONS,

liability of members of association doing business under name of
existing corporation, 136.

BAIL,

B.

court of another circuit than that in which prisoner indicted and
held cannot admit to bail, 385.

power of surety to make surrender in criminal case outside of
county, 445.

section 14, division 111, of Criminal Code, construed, 445.
BANKRUPTCY,

cannot stay proceedings in a court of law where discharge can-
not be granted, 225.

right to set off in equity unmatured debts as "mutual debts and
credits," 262.

BILLS OF EXCEPTIONS,

not stricken where presented in time and failure to file in time
due to action of judge, 452.

BY-LAWS, see MUTUAL BENEFIT SOCIETIES.

C.

CAPIAS AD RESPONDENDUM, see ARREST.

CARRIERS, see CONSTITUTIONAL LAW, STATUTES,

railroad companies proper subjects of police power, 58.

cannot exempt by contract loss due to detention of excess bag-
gage through negligence, 507.

objection that articles are not baggage waived where accepted
as such, 507.

CARRIERS, continued-

liable for loss of ordinary profits where sample trunks detained

through negligence, 507.

when carrier has notice of contents of trunks, 507.

CERTIORARI, see APPEAL AND ERROP,

CLERGYMAN AND PARISHIONER,

when transactions between violate public policy, 137.

COLLATERAL ATTACK, see JUSTICES OF THE PEACE, Officers.
COMMERCE,

discrimination against particular ports and vessels in use of
wharf, 20.

COMMITMENT, see REFORM SCHOOLS

COMMON LAW MARRIAGE, see HUSBAND AND WIFE.

CONFLICT OF LAWS, see HUSBAND AND WIFE, INTERNATIONAL LAW.
CONSPIRACY,

what does not constitute criminal conspiracy, 516.

to constitute criminal conspiracy there must be invasion of civil
rights, 516.

what constitutes, under section 46 of criminal Code, 516.
indictment in words of statute sufficient, 516.

meaning of "wrongfully and wickedly" in statute, 516.

CONSTITUTIONAL LAW, see Carriers, Highways, Parks, SUNDAY,
UNITED STATES,

act prohibiting sales of railroad tickets by unauthorized persons,
constitutional, 58.

nature of police regulations for legislature to determine, 58.
act prohibiting sales of railroad tickets by unauthorized brokers
unconstitutional, 61, 65, 125.

citizen under police powers may be deprived of property without
compensation, 65.

rights of citizen may not be arbitrarily invaded under guise of
police power, 65.

railroad anti-scalper law interference with property rights of
citizens, 66.

legislature cannot make it crime to sell that which is not dan-
gerous to health, morals or general welfare, 66.

doubts should be resolved in favor of constitutionality of legis
lative acts, 208.

under the constitution of 1870 damages incurred by the taking
of private property for a road must be determined by a jury,
218.

Practice Act which permits service of process on agent in suit
against partnership is unconstitutional, 427.

discrimination against citizens of other states, 427.

power of state as parens patria, 492.

when Reform School Act unconstitutional, 492.

CONTEMPT, see REPLEVIN,

compliance with municipal regulations no defense as order of
court of competent jurisdiction is good defense to violation of
such regulations, 381.

CONTEMPT, continued-

all directors voting to violate injunction guilty of contempt, 448.
what are mitigating circumstances where director votes to vio-
late injunction, 448.

when advice of counsel good defense, 448.

officer following directions of directors to violate injunction in
contempt, 448.

CONTRACTS, see INSURANCE, MONOPOLIES, MUTUAL BENEFIT SOCIE-
TIES,

relief in equity against improvident contract, 135.

relief where undue influence used, 136.

when contracts between clergyman and parishioner set aside, 136.
undue influence of clergyman over parishioner in execution of
instrument, 136.

intent and knowledge essential to ratification of. 137.

void agreement cannot be ratified, 137.

relief with respect to, where party wronged sought independent
advice, 137.

cannot repudiate contract as against third person, 138.

one can contract to sell property to certain persons and none
other as long as no crime committed, 290.

contracts declared criminal as in restraint of trade will not be
enforced by courts, 290.

CORPORATIONS, see CONTEMPT, EQUITY,

power to hold stock in other companies, purpose of, 1.

effect of purchase of stock in name of third person, 1.

complete monopoly not necessary to invalidate purchase of
stock, 1.

power of foreign corporation as to purchase of stock in Illinois
corporation, 1.

purpose of purchase immaterial when tendency is to suppress
competition or create a monopoly, 1.

purchase of majority of stock of domestic corporation by foreign
corporation is ultra vires, 1.

conditions of relief in setting aside purchase of stock of com-
peting corporation, 1.

right to issue preferred stock, 35, 46, n.

estoppel to question validity of preferred stock, 35.

right to deal in its own shares, 35.

rights of pledgees of corporate stock, 35.

liability of members of association doing business under name of
existing corporation, 136.

effect of carrying on corporate business as an unincorporated
association, 137.

fact that a capital stock held by one person does not excuse mak-
ing corporation a party, 138.

not represented in legal proceedings by its officers and stock-
holders, 138.

in absence of fraud, breach of trust or ultra vires, stockholders
cannot interfere in management, 366.

undertaking of corporation based on donation with conditions
attached can be rescinded upon imposition of new conditions,
366.

criminal liability of officers and directors, 393.
no criminal liability where no civil liability, 393.

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