Изображения страниц
PDF
EPUB

CHANCERY.-See EQUITY.

CHANGE OF VENUE.

PAGE.

if county judge is interested in drainage case as a land
owner it is sufficient to call in another county judge... 114
section 69 of Administration act, relating to transferring
cases to circuit court, does not apply to drainage cases. 114

CITIES.-See MUNICIPAL CORPORATIONS.

CLOUD ON TITLE.

when bil attacking will cannot be maintained as a bill to
remove a cloud from title, but is, in effect, a bill to con-
test the will.....

COLLATERAL ATTACK.

243

54

judgment void for want of jurisdiction of the subject mat-
ter is open to collateral attack-the test in determining
whether court has jurisdiction of subject matter......
when judgment in mandamus proceeding against trustees
of police pension fund cannot be collaterally attacked
by persons interested in the fund as future pensioners. 54
a bill to contest a will is a direct attack upon the judg-
ment of probate and not a collateral attack.....

COLLATERAL SECURITY.-See BAILMENTS.

COMMERCIAL PAPER.—See BILLS AND NOTES.

CONDEMNATION.-See EMINENT DOMAIN.

CONFLICT OF LAWS.

244

law of the State of shipment governs the contract of car-
riage-laws of the United States pertaining to inter-
State shipments are paramount to State laws......... 564
jurisdiction of Federal courts of actions against carrier
to enforce extra-terminal liability is not exclusive..... 564

CONSIDERATION.

when written agreement to devise land is based upon val-
uable consideration-when such agreement may be en-
forced against voluntary grantee of promisor.. ... 60
evidence is admissible to show actual consideration for a
deed-deeds made in consideration of support are dif-
ferent from deeds of ordinary bargain and sale....... 510

CONSTITUTIONAL LAW.

PAGE.

92

provision of act of 1891 prohibiting giving insured any
secret advantage is within the title of the act......
act of 1891, to prevent unjust discrimination in insurance
rates, is not invalid as giving special privilege to bene-
fit societies, as there is ground for the distinction.... 92
it is within the power of the legislature to put insurance
companies and benefit societies in different classes for
the purpose of police regulation.....

....

92

... 93

the act of 1891 does not deprive life insurance companies
of property without due process of law...
"short-cause calendar" provision of Practice act is valid. 112
provision of Levee act authorizing assessment against a
town for benefit to highways is valid................

115

.... 276

277

. 277

it is competent to go behind a printed or enrolled statute
to show that it was not constitutionally passed........ 276
journals of General Assembly must be accepted as con-
taining a true record of the proceedings of that body.. 276
silence of journal as to a matter required by constitution
to be shown is evidence of its non-existence.......... 276
fact that senate journal shows final passage of bill by cer-
tain number of yeas but is silent as to nays shows that
there were no negative votes cast.....
journals of house and senate must show compliance with
every requirement of the constitution....
subjects dealt with by Sanitary District act are in har-
mony with and embraced in its title......
drainage districts and sanitary districts are not within the
constitutional prohibition against special laws........ 277
it is not an infringement of the constitutional power of
courts to construe statutes, for the legislature to insert
in an act a statement of what it is intended to express. 277
legislature has power to prescribe method of electing sani-
tary district trustees-sanitary districts and drainage
districts are creatures of legislature.....
legislature is not limited in creation of corporate authori-
ties-power of legislature to authorize organization of
new municipal corporations with taxing powers..... 278
legislature may authorize formation of two municipal cor-
porations in same territory for different purposes and
authorize them to co-operate, as far as possible....... 278
section 24 of Sanitary District act is not unconstitutional. 278
sections 7 and 8 of article 4 of the constitution, relating
to minority representation, apply to primary elections
for nomination of candidates for representative....... 289
when ordinance is not void for unjust discrimination.... 367

....

277

CONSTITUTIONAL LAW.-Continued.

PAGE.

383

Chicago ordinance prohibiting peddlers and hawkers from
crying their wares is merely regulatory and does not
deprive them of property without due process of law.. 367
a penalty imposed for violating a municipal ordinance is
not a debt, as meant by constitution......
Chicago wheel tax ordinance is not unconstitutional be-
cause its violation may be punished by imprisonment.. 383
prosecution under Chicago wheel tax ordinance is not a
proceeding to collect the tax....
power of legislature where constitution confers jurisdic-
tion on certain court-section 2 of Municipal Court act,
conferring jurisdiction in criminal cases, is not invalid. 394
constitution does not give right of appeal to criminal court
in all criminal cases in Cook county but only where such
appeal may be given by law..

when constitutionality of statute is not involved................
classification of cities for purposes of legislation must be
natural and reasonable-classification cannot be based
on mere fact that municipality is a city.....
provision of statute requiring all road and bridge taxes
collected on property within city to be paid to the city
is invalid.......

383

394

394

402

402

an additional road tax which is levied for a contingency
cannot be diverted from its purpose.....

402

the amended Revenue law of 1909, relating to reduction
of tax rates, is constitutional......

458

the general distinction between State and county officers-
when office must be filled by the Governor-when con-
stitutional provision does not apply.......
legislature may authorize county judges to appoint miners'
examining boards for their counties....
Miners' Examining Board act not invalid because county
judges appoint the boards for their counties...... 547
legislature may prescribe regulations to prevent unquali-
fied persons from mining coal.....

.....

547

547

547

Miners' Examining Board act not invalid because it ex-
empts certain miners from examination-provisions pre-
scribing qualifications for members of board are valid. 548
the right to be elected or appointed to office is not a prop-
erty right—a statute cannot be declared invalid merely
because it may be unwise....

548

provision of the Miners' Examining Board act authoriz-
ing county judge to draw warrants is invalid but its in-
validity does not affect remainder of act....

549

CONSTITUTIONAL LAW.-Continued.

PAGE.

.... 564

right to contract is subject to reasonable regulation by
Congress Congress has power to make initial carrier
liable for damages beyond its own line.....
amendment to section 20 of Inter-State Commerce act,
relating to extra-terminal liability of carriers, must be
regarded as a valid law.....

564

564

laws of United States pertaining to inter-State shipments
are paramount to laws of State...
amendment of 1907 to section 18 of Torrens law, relating
to admission of abstracts of title, is not invalid....... 597

CONSTRUCTION.

of the act of 1891, to prevent unjust discrimination in in-
surance rates, as not being unconstitutional.......... 92
of act of 1891, to prevent unjust discrimination in insur-
ance rates, as to what is a violation thereof.......... 92
of "short-cause calendar" provision of Practice act, as be-
ing valid.....

of section 69 of the Administration act, relating to trans-
fer of causes to circuit court, as not applying to drain-
age cases....

112

114

of section 31 of Criminal Code, as authorizing indictment
and prosecution of municipal officers for bribery...... 130
of section 9 of Wills act, as authorizing letters of admin-
istration to issue when a foreign will or authenticated
copy is filed with clerk of the probate or county court. 243
of section 7 of Wills acts, as authorizing contest of all
wills, including foreign wills, recorded by the clerk of
the probate or county court...

244

of section 24 of Sanitary District act, as not being uncon-
stitutional and as not requiring district to take and pay
for the levees and ditches of all drainage districts.... 278
section II of "legislative" Primary act of 1910 gives the

senatorial committee absolute power to fix and deter-
mine the number of candidates for representative..... 289
of sections 7 and 8 of article 4 of constitution, relating
to minority representation, as applying to primary elec-
tions for nomination of candidates for representative.. 289
of word "non-residents," used in section 13 of Practice
act, relating to suits against partnerships, as meaning
non-residents of the county-purpose of said section.. 414
of provision of will, as to when executors takes residuary
estate as executors and not as trustees....

of residuary devise to executors, as not violating the rule
against perpetuities...

418

418

CONSTRUCTION.-Continued.

act of 1905, requiring notice of personal injury to be filed
in office of city or village attorney, construed..
effect where a deed refers to another recorded deed for
quantity of the estate conveyed-deed construed as not
creating a perpetuity.....

PAGE.

522

529

of will, as to when remainder is vested-when rule that
only those members of class of devisees in being at the
time of distribution will take does not apply..... .... 543
of Miners' Examining Board act, as to apprentices not
being appointed by certificated miners with whom they
work but by the mine owner.....

548

when substitutionary gift should be limited to lands in
which a remainder, only, was devised.............

rule of construction in determining whether a less estate
is limited by express words.....
courts are averse to construing a gift over so as to divest
property already vested in possession..

of Miners' Examining Board act, as not being invalid ex-
cept as to the provision authorizing county judges to
draw warrants...

548

....

586

586

586

CONTESTS.-See ELECTIONS.

CONTRACTS.

34

35

verbal contract to convey land must be clearly proved... 34
Statute of Frauds cannot be interposed in equity to ac-
complish a fraud-when equity will not listen to de-
fense of Statute of Frauds but will grant relief.......
in equity the rights and duties of the parties to a verbal
contract are the same as though it were in writing.... 34
when fact that promisee did not have exclusive possession
of land during promisor's lifetime is not ground for de-
feating her right to specific performance..
when party takes title to land subject to equities of prom-
isee in verbal contract to convey-when equity should
specifically enforce such contract....
when an agreement to devise land is based upon valuable
consideration and may be enforced against a subsequent
voluntary grantee or devisee of the promisor.......
promisor in a written agreement to devise land becomes
a trustee of the legal title for the promisee when the
latter has fully performed his undertaking...
when complainant is not barred from asserting his rights
in land against devisees of a person who had agreed to
hold the title for complainant...

... 35

60

60

60

« ПредыдущаяПродолжить »