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.
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.....
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.
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
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
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.....
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................
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
CONSTITUTIONAL LAW.-Continued.
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.......
an additional road tax which is levied for a contingency cannot be diverted from its purpose.....
the amended Revenue law of 1909, relating to reduction of tax rates, is constitutional......
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.....
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....
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....
CONSTITUTIONAL LAW.-Continued.
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.....
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
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....
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...
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...
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.....
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.....
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...
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...
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