(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- no defense to diversion of street or park from dedicated pur- when precluded from enforcing rights by laches, 79. ACTIONS, see PENALTIES, existence of bad motive does not make act wrongful if otherwise ADMINISTRATION OF ESTATES, see COUNTY COURTS, EXECUTORS interest on specific and general legacies, 256. when legatee can have legacy advanced by executing bond, 256. mortgage by executors subject to debts of subsequent claimants rights of creditors of deceased not affected by proceedings under neither creditors nor executors proper parties to foreclosure of ANIMALS, right to hold another's cattle where duty upon holder to repair ANTI-SCALPER Act of 1875, construed, 62. APPEAL AND ERROR, see JUDGMENTS, MANDAMUS, filing of bond ordinarily necessary to stay proceedings, 277. entry of appearance of appellee in supreme court does not en- minor heirs need not sign bond where guardian prays appeal, appellee must see return made in time upon suggestion of dim- writ of error lies where no other mode of review, 442. 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 APPEARANCE, see APPEAL and Error. ARREST, an execution against the body is only authorized in the three when writ upon which body of debtor is held insufficient, 252. body execution writ reciting issuance in "action of trespass" 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- subsequent execution not entitled to priority, even though as title passes to assignee from date of delivery of deed, 237. liability of members of association doing business under name of BAIL, B. court of another circuit than that in which prisoner indicted and power of surety to make surrender in criminal case outside of section 14, division 111, of Criminal Code, construed, 445. cannot stay proceedings in a court of law where discharge can- right to set off in equity unmatured debts as "mutual debts and BILLS OF EXCEPTIONS, not stricken where presented in time and failure to file in time 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- objection that articles are not baggage waived where accepted 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. discrimination against particular ports and vessels in use of COMMITMENT, see REFORM SCHOOLS COMMON LAW MARRIAGE, see HUSBAND AND WIFE. CONFLICT OF LAWS, see HUSBAND AND WIFE, INTERNATIONAL LAW. what does not constitute criminal conspiracy, 516. to constitute criminal conspiracy there must be invasion of civil what constitutes, under section 46 of criminal Code, 516. meaning of "wrongfully and wickedly" in statute, 516. CONSTITUTIONAL LAW, see Carriers, Highways, Parks, SUNDAY, act prohibiting sales of railroad tickets by unauthorized persons, nature of police regulations for legislature to determine, 58. citizen under police powers may be deprived of property without rights of citizen may not be arbitrarily invaded under guise of railroad anti-scalper law interference with property rights of legislature cannot make it crime to sell that which is not dan- doubts should be resolved in favor of constitutionality of legis under the constitution of 1870 damages incurred by the taking Practice Act which permits service of process on agent in suit 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 CONTEMPT, continued- all directors voting to violate injunction guilty of contempt, 448. when advice of counsel good defense, 448. officer following directions of directors to violate injunction in CONTRACTS, see INSURANCE, MONOPOLIES, MUTUAL BENEFIT SOCIE- relief in equity against improvident contract, 135. relief where undue influence used, 136. when contracts between clergyman and parishioner set aside, 136. intent and knowledge essential to ratification of. 137. void agreement cannot be ratified, 137. relief with respect to, where party wronged sought independent cannot repudiate contract as against third person, 138. one can contract to sell property to certain persons and none contracts declared criminal as in restraint of trade will not be 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 power of foreign corporation as to purchase of stock in Illinois purpose of purchase immaterial when tendency is to suppress purchase of majority of stock of domestic corporation by foreign conditions of relief in setting aside purchase of stock of com- 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 effect of carrying on corporate business as an unincorporated fact that a capital stock held by one person does not excuse mak- not represented in legal proceedings by its officers and stock- in absence of fraud, breach of trust or ultra vires, stockholders undertaking of corporation based on donation with conditions criminal liability of officers and directors, 393. |