INDEX.

ABANDONMENT.

what proof does not necessarily show an abandonment of
a homestead estate....
positive testimony by widow that she intended to return
to her homestead cannot be disregarded..............
re-marriage of widow and removal from homestead raise
a presumption of abandonment but it will yield to ex-
planatory proof .....

PAGE.

117

117

117

the question of abandonment of homestead is largely one
of intention

117

ACTIONS AND DEFENSES.

contract not enforced against party having no reciprocal
right against complainant-when decree denying specific
performance will be affirmed......

45

when claim of laches is not supported by the record in pro-
ceeding to enjoin collection of a drainage assessment...
when signing petition is not a consent to the provisions of
the law enacted.....

68

68

what necessary to render a former adjudication an abso-
lute bar estoppel by verdict......
when judgment as to one installment of special assessment
is res judicata as to other installments....
county may maintain suit to recover interest received by
county treasurer on public funds.....

106

... 106

when a party may raise question of constitutionality of a
law though not a member of the class which it is claimed
the law discriminates against.....

125

... 195

in specific performance the court cannot require a party to
do more than he has agreed to do......
complainant in specific performance must show readiness,
ability and willingness to pay......

272

272

ACTIONS AND DEFENSES.-Continued.

when action on the case will lie against a city for negli-
gence in failing to levy and collect assessment to pay
condemnation award-what not a defense.

PAGE.

276

276

a property owner is not limited to action of mandamus to
compel city to levy and collect assessment.....
when a property owner cannot recover attorney's fees and
costs in former unsuccessful suits......
when the lessee may sue the lessor's assignee for value of
improvements placed on land by lessee..

277

... 286

right of the administrator to sell land to pay debts may be
barred by unexcused delay of seven years.....
test in determining whether transaction was a sale or a
loan-statute against usury is not defeated by the mere
form of transaction....

300

332

remedy of a corporation which has loaned money on an
ultra vires contract.

332

when an oral contract to convey will be enforced notwith-
standing the Statute of Frauds....

350

object of partition suit-what may be included in a parti-
tion proceeding...

356

who may maintain a bill of review-party who has had
case reviewed on writ of error is not entitled to main-
tain bill of review.....

519

when awarding a writ of mandamus does not amount to
granting a writ of error......

546

when a writ of habeas corpus ad testificandum should be
quashed ....

546

when order organizing drainage district may be attacked
though it makes a finding of jurisdiction..

630

drainage district should not be made a party to informa-
tion in the nature of quo warranto....

631

when defense of estoppel to information in the nature of
quo warranto cannot prevail......

... 631

• ADMINISTRATORS.-See EXECUTORS.

AFFIDAVITS.

rule as to considering affidavits on motion to dissolve in-
junction-affidavits cannot be considered on motion for
a preliminary injunction...

AMENDMENTS.

allowance of amendments in chancery case is largely with-
in discretion of trial court-what not an abuse of discre-
tion in denying leave to file amended bill.....

53

387

APPEALS AND ERRORS.

PAGE.

rulings of court on application for judgment for taxes may
be reviewed without any exception being preserved to
the judgment

an objection to a tax which might have been obviated on
the hearing cannot be raised on appeal..

.... IIO

a signer of a drainage petition cannot appeal from order
organizing district as prayed-what objection will not
be entertained on appeal..

the Supreme Court will not consider point first raised in
petition for rehearing in Appellate Court....
party is bound by theory of his own instructions....
probability of testimony on which a verdict rests is not a
question for the Supreme Court....

165

184

184

... 207

right of one public utility company to assign cross-error
on appeal by another....

210

when facts will be regarded as found by Appellate Court
the same as by the trial court....
what is not a suit at law or proceeding in chancery within.
meaning of the Practice act......

276

346

right of appeal from judgment of the circuit court award-
ing compensation under the Workmen's Compensation.
act of 1911.......

346

the presumption where there is no certificate of evidence is
that there was evidence to sustain the findings........ 356
whether the evidence establishes the existence of a parol
contract is a question of fact-when judgment of Appel-
late Court is conclusive.....

... 367

when constitutional question will not be considered-when
the validity of an ordinance does not affect right to re-
lief prayed ...

...

an objection that the judgment exceeds the ad damnum
cannot be first raised on appeal......

373

377

what is necessary in order that a freehold be involved-
freehold is not involved if defendant can defeat suit by
making payment ....

560

when a freehold is not involved though decree practically
sets aside a master's deed.....

560

when judgment approving Industrial Board's award must

be affirmed

590

when order of circuit court retaining jurisdiction is un-
necessary but harmless....

590

ASSIGNMENTS.

when the lessee may sue the lessor's assignee for value of
improvements made by lessee on the land..

286

ATTACHMENT.

one who interpleads is not required to have entire title-
when real estate is not subject to attachment.....
debtor in failing circumstances may in good faith prefer
one creditor over others...

ATTORNEYS AT LAW.

when attorney will be suspended from practice.
exception to legal conclusion of the commissioner is un-
necessary in disbarment proceeding....

PAGE.

447

447

37

... 95

what conduct of attorney is ground for disbarment-what
does not excuse conduct of attorney...
what conduct by attorney is highly unprofessional-what
does not amount to a criminal offense....
unfriendliness of relators to respondent in a disbarment
proceeding is not material if the charges of the infor-
mation are proved.....

power of Supreme Court to disbar an attorney is inherent
and independent of the statute......

95

413

414

.... 414

when an attorney is not guilty of embezzlement under sec-
tion 75 of Criminal Code-when conviction for larceny
cannot be sustained.....

BANKS.

424

section II of the State Banking act does not authorize the
organization of a bank in an unincorporated village.... 178
Auditor has no discretion to refuse permit to organize a
bank if the law authorizes such organization..

BASE FEES.

when devise of remainder gives a base fee.....

BILLS OF EXCEPTIONS.

bill of exceptions need not show any exception to judg-
ment of court in order to raise question of sufficiency of
evidence to support the judgment...

178

434

31

when an exhibit need not be certified as a part of the bill
of exceptions

564

when court is without power to extend time to file bill of
exceptions-rule where last day for filing bill of excep-
tions falls on a holiday....

625

BILLS OF REVIEW.

who may maintain a bill of review-party who has had
case reviewed on writ of error is not entitled to main-
tain bill of review.

519