INDEX.

ABANDONMENT.

the Statute of Limitations runs against the offense of wife
abandonment-what is necessary to constitute a second
abandonment..

ABATEMENT.-Sce ACTIONS AND DEFENSES.

ABSTRACTS OF TITLE.

PAGE.

444

the objection that sufficient preliminary proof has not been
made to justify admitting copies of abstracts of title in
evidence should be made when the evidence is offered.. 149
it is not proper practice to object generally and subse-
quently file written objections to admission of abstracts
in evidence....

when unborn children are bound by decree-title of pur-
chaser is not affected by reversal of decree on writ of
error, as a writ of error is a new suit...

ACCELERATION.

149

346

whether a remainder will be accelerated depends upon in-
tention of the testator-general rule as to acceleration-
when remainder is not accelerated...

30

ACTIONS AND DEFENSES.

when Statute of Limitations does not run against city-a
decree as to title to land is binding upon the person suc-
ceeding to complainant's title....

47

....

47

what is not ground for enjoining city from taking posses-
sion of strip of land as part of street....
contractor for local improvement may resort to mandamus
to enforce his rights, but he cannot sue the city in as-
sumpsit or case to recover his pay for the work..........
what is necessary to make bar of section 7 of Limitation
act complete--beginning of suit terminates the running
of the Statute of Limitations...

63

125

ACTIONS AND DEFENSES.-Continued.

PAGE.

possession taken after suit to register title is begun does
not complete the bar of section 7 of Limitation act.... 125
when suit against National Guard and its officers is not a
suit against the State-when officers of National Guard
are answerable in the courts to injured party.......... 138
when complainant is not estopped to enjoin a dangerous
use of rifle range by National Guard.....

when complainant may maintain a bill for injunction in

138

his own name though other persons are also injured... 139
when equity will enforce building line agreement........ 167
the action of forcible entry and detainer is a possessory

action, only when possession of defendants is subject
to foreclosure decree-lis pendens.........
what necessary before forcible detainer suit can be abated
by pendency of a chancery proceeding....

174

174

when pendency of injunction suit and cross-bill does not
delay prosecution of forcible detainer suit......
when purchaser at sheriff's sale is entitled to maintain an
action of forcible detainer....

175

175

when mandamus will lie to compel election commissioners
to furnish ballots and ballot-boxes.....
laches or acquiescence of individuals does not bar man-
damus suit involving the public interest....
non-joinder of defendants must be set up by plea in abate-
ment-effect where the joint liability does not cover all
of the plaintiff's demands....

192

193

199

... 199

what does not change rule that defendant must set up non-
joinder by plea in abatement.
when jobber's right of recovery from manufacturer is lim-
ited to damages proven for breach of warranty........ 238
when provision for taking and paying for goods is not sev-
erable from provision appointing vendee State agent-
what constitutes breach of State agency contract....... 248
when equity will not decree specific performance-when
a defendant need not renew tender or pay money into
court upon demurring to bill. . . . . .
one acquiring title under the seven year Statute of Limi-
tations may set aside a tax deed, regardless of whether
such deed is valid or invalid...

... 260

289

....

when it is error to decree partition without making ten-

ants in possession parties.....

296

when bill is properly dismissed for want of equity rather
than for want of prosecution....

315

policyholder cannot sue re-insuring company if such com-
pany's contract is strictly one of re-insurance......

355

ACTIONS AND DEFENSES.-Continued.

when a decree establishing a lost deed will be affirmed—
when doctrine of laches does not apply to a proceeding
to establish a lost deed.....

the Wife Abandonment act is constitutional....

the Statute of Limitations runs against the offense of wife
abandonment-what is necessary in order to constitute a

second abandonment.....

PAGE.

393

443

... 444

right of action for violation of section 18 of Mines and
Miners act of 1907 is preserved in other language in the
revision of such act in 1911.....

ADVERSE POSSESSION.-See LIMITATIONS.

AGENCY.-See PRINCIPAL AND AGENT.

ANTICIPATION WARRANTS.-See WARRANTS.

APPEALS AND ERRORS.

appeals and writs of error in mandamus cases are con-
trolled by laws governing other civil cases-when ap-
peal in mandamus lies to Appellate Court.....

567

25

an appeal can be prosecuted only when right is given by
statute-extent of right to appeal from judgment of jus-
tice of the peace....

52

52

an appeal lies to circuit court from judgment of justice of
peace annexing lands to drainage district....
proceeding before justice of peace to annex land to drain-
age district is a "case"-usual meaning of word "case". 52
form of bond for appeal from judgment of justice of peace
does not limit right of appeal...

53

85

112

property owner's cannot appeal from a judgment in their
favor denying application for judgment for taxes..... 68
incompetent evidence in a chancery case is presumed to
have been disregarded-when a party cannot complain
that other persons were not made parties.....
when parties cannot complain, on appeal, of the insuffi-
ciency of the notice by publication.
when constitutional question is involved on appeal from
order adjudging parties in contempt of court........
when verdict of jury in drainage case will not be set aside
as contrary to the weight of the evidence.....
order directing commissioners to make additional assess-
ment is merely interlocutory...

128

214

214

when refusal of instructions in a will case is harmless er-
ror-error in decreeing costs against defendant may be
corrected on appeal by modifying decree....

229

APPEALS AND ERRORS.-Continued.

PAGE.

when plaintiff cannot complain of modified instruction... 238
what findings by Appellate Court in its judgment are con-
clusions of law-when the Appellate Court must remand
upon reversal....

... 271

.. 290

when objection that a decree does not provide for reim-
bursement may be first urged on appeal......
when it is error to proceed to a partition decree without
making tenants in possession parties..

.. 296

when a freehold is not involved on appeal-the question
whether title is subject to payment of a judgment does
not involve a freehold....

.....

326

341

when decree in will contest case will not be reversed by
the Supreme Court for error in instructions......
when Supreme Court will not reverse a finding of fact by
the trial court in action of ejectment.....
order sustaining demurrer is not a final order...
court cannot review an order entered after the judgment
appealed from-when order falls with judgment...
sense in which the word "franchise" is used in the stat-
utes concerning appeals-there is a distinction between
a franchise and a governmental power.....
a franchise is not involved in a quo warranto proceeding
questioning city's right to grant dram-shop licenses in
annexed territory.....

350

354

376

380

380

when assignee of an insolvent concern cannot appeal from
orders-assignee has a right to appeal from order touch-
ing his personal interests.....

389

......410, 399

...

419

419

when courts may decline to consider the constitutionality
of a statute of long standing.....
a certificate of evidence will prevail over recitals of the.
clerk in the record-motion not shown by certificate will
be presumed not to have been made...
when court should not dismiss bill....
appeal from an order authorizing drainage commissioners.
to do additional work lies to Supreme Court...... ... 486
when objection that accounts filed by commissioners are
not properly itemized will not be considered....... 487
a judgment will not be reversed merely to enable a party
to recover nominal damages....

492
when refusal of instruction concerning rule as to deed to
child where latter dominates the parent is not error.... 557

ASSIGNEES.

when assignee of an insolvent concern cannot appeal from
orders assignee has right to appeal from order touch-
ing his personal interests...

389

AUTOMOBILES.

PAGE.

city has power to provide for examination and licensing
of drivers of automobiles for hire-such power is ex-
pressly reserved by Motor Vehicle act of 1911........ 317

BILLS AND NOTES.

usury paid under compulsion may be recovered when pay-
ment of usury is under compulsion-the money paid as
usury may be recovered in suit at law....

BUILDING LINES.

when restrictions against the use of property will be en-
forced-purchaser is bound to take notice of a recorded
agreement as to building lines....

410

... 167

when violation of building line agreement will be enjoined. 167

CARRIERS.-See RAILROADS.

statute requiring railroads to furnish cars within a rea-
sonable time does not violate the Federal constitution.. 80
to hold railroad liable for failure to furnish cars for coal
it is not necessary that the coal be upon the surface of
the ground, ready to dump on the cars...

CERTIFICATES OF EVIDENCE.

certificate of evidence will prevail over recitals of clerk
in the record-motion not shown by certificate is pre-
sumed not to have been made...

CHANCERY.-See EQUITY.

CHANGE OF VENUE.

80

419

statute concerning change of venue must receive a reason-
able construction-cause should not be sent out of the
county for trial if it can be avoided..

399

effect where change of venue is based upon alleged preju-
dice of all judges of the municipal court of Chicago-
correct practice in such a case.

399

CITIES. See MUNICIPAL CORPORATIONS.

CLOUD ON TITLE.

complainant need not look beyond the record to ascertain
the holder of a tax deed-what does not show that court
was without jurisdiction of necessary parties....... 85
incompetent testimony in a chancery case is presumed to
have been disregarded-when party cannot complain, on
appeal, that other persons were not made parties...... 85