general distinction between State officers and county offi-
cers-what offices must be filled by the Governor-when
constitutional provision does not apply..
legislature has power to authorize county judges to ap-
point miners' examining boards for their counties..... 547
the right to be appointed or elected to office is not a prop-
erty right....
OPERATING CONTRACTS.—See RAILROADS.
ORDINANCES.-See SPECIAL ASSESSMENTS.
validity of an ordinance requiring abutting owners to pay
rent to city for use of sub-sidewalk space. 240, 204, 192, 185
an ordinance may derive its validity from several sections
or clauses of a statute.....
Chicago ordinance prohibiting peddlers and hawkers from
crying their wares is within city's powers...... 366
when ordinance is not void for unjust discrimination.... 367
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
Chicago wheel tax ordinance is not unconstitutional be-
cause its violation may be punished by imprisonment.. 383
penalty imposed for violating an ordinance is not a debt
within the meaning of the constitution...
corporation organized to lease land and erect office build-
ing to rent to tenants may be ousted by People........ 357
trustees of police pension fund represent all persons in-
terested in such fund, including future pensioners..... 54
real owner of undivided interest in land must be made a
party before the court can proceed to decree partition. 105
party sought to be bound by judgment must have been a
party to the former suit or in privity with a party.... 340
when tax-payers are not represented by county clerk in a
mandamus suit and are not bound by judgment against
him in such suit....
real owner of undivided interest in land must be made a
party-court cannot refuse partition because complain-
ant derives title by judgment based on unfounded claim. 105
word "non-residents," used in section 13 of the Practice
act, relating to suits against partnerships, means non-
residents of the county...
purpose of section 13 of Practice act is to place partner-
ships whose members are non-residents on a basis simi-
lar to corporations as to service of process...
when suit against a partnership is properly begun by ser-
vice of process upon an agent....
charges against towns for support of paupers were not
intended to cover all of county's pauper expense...... 507
item of county tax for "care of paupers" is not, as a mat-
ter of law, invalid...
Chicago ordinance prohibiting peddlers and hawkers from
crying their wares is within city's powers.....
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
testator's intention cannot be given effect if it violates the
rule against perpetuities, but entire will must be con-
sidered in ascertaining such intention...
when a devise to executors does not violate rule against
perpetuities....
rule against perpetuities stated-purpose of such rule-
vested interest is not subject thereto-when life estates
are not within the rule.....
a reversion is not subject to the rule against perpetuities,
nor is a remainder which is vested in interest but post-
poned in enjoyment........
deed construed as not creating a perpetuity....
when a petition to form a new school district sufficiently
shows that the proposed new district has at least ten
families residing in it.....
plat did not, at common law, convey fee of streets-dif-
ference between statutory and common law dedication. 185
effect of deed to lot abutting on street shown on common
plat of Fractional Section 15 addition to the city of Chi-
cago is a common law plat....
title of abutting owners in Fractional Section 15 addi-
tion to Chicago is limited to the lot lines......
the right of a city to charge for the use of sub-sidewalk
space is limited to cases where the city owns the fee of
the streets......
..240, 205, 192, 185
fee of streets in original town of Chicago is in the city.. 192
plat of School Section addition to Chicago was a common
law plat-the curative act of 1843 did not affect prior
conveyances of lots.....
right of abutting owner in street under common law dedi-
cation is not a mere contingent interest..
fee of Fifth avenue and Congress street, in School Sec-
tion addition to Chicago, is in abutting owners....... 235
plat of School Section addition to Chicago did not vest
fee of streets in the city.....
fee of streets and public grounds in Fort Dearborn addi-
tion to Chicago must be held to be in city.....
fee of Monroe street, in School Section addition to Chi-
cago, is in the abutting owners, and the same is true of
LaSalle street where opened by condemnation......
of LaSalle street where opened by condemnation...
fee of all streets in original town of Chicago is in city... 267
making and recording of plat are not essential to create
an easement--easement may arise by owner's division
of land and sales with reference thereto...
what is not a fatal variance between indictment and proof
in prosecution of police inspector for bribery......... 131
one who pleads guilty to indictment cannot, as a matter
of right, move to quash the indictment for matters that
occurred before the grand jury......
allegation that the testator died "leaving him surviving as
his heirs-at-law and next of kin his two sisters," the
complainants, is not a mere conclusion of law.....
when bil attacking will cannot be maintained as a bill to
remove cloud from title-when bill is, in effect, a bill
to contest a will....
a bill will lie to contest a foreign will, an authenticated
copy of which has been filed with the clerk of the pro-
bate court as provided in section 2 of Wills act....... 244
when mandamus petition to compel a city to remove ob-
structions in street is insufficient..
PLEADING.-Continued.
the rules of common law pleading apply generally to man-
damus suits-petition must set forth all material facts
on which the petitioner relies......
what is not admitted by demurrer to a bill for an injunc-
tion-when bill to enjoin further proceedings under a
sewer assessment will not lie.....
when declaration need not allege, in express words, that
defendant's act was negligent...
trustees of police pension fund represent all persons in-
terested in the fund-when judgment against trustees
cannot be collaterally attacked by future pensioners... 54
municipal court of Chicago, in cases of fourth class, can
not extend time for filing statement or stenographic re-
port after thirty days from judgment...
question whether a bill of exceptions was filed in proper
time may be raised in brief and argument in Appellate
Court-when question cannot be said to be waived.... 27
whether a certain question was raised in the Appellate
Court should be raised by obtaining leave to file a cer-
tified copy of the party's Appellate Court brief.....
a valid tender is necessary to charge holder of tax title
with costs, and such tender must be kept good........ 31
when motion to quash indictment for larceny by embez-
zlement is properly overruled-when overruling motion
for bill of particulars is not error....
if defendant is ably represented by counsel it is not error
to permit licensed attorneys to assist State's attorney.. 44
when refusal to re-open case a second time to permit de-
fendant to introduce further testimony is not an abuse
of the trial court's discretion....
special interrogatories calling for findings upon immaterial
matters are properly refused-when error in refusing
proper interrogatory is harmless.....
"short-cause calendar" provision of Practice act is valid. 112
a motion to quash the indictment is properly overruled if
there is one good count sufficient to support judgment. 130
bill of exceptions should be presented at the term when
matters complained of occurred or within such time as
the judge has allowed at that term...
statute does not require State's attorney to sign indict-
ment-proper practice where State's attorney is to be
the complaining witness before grand jury.
one who pleads guilty to indictment cannot, as a matter
of right, move to quash the indictment for matters that
occurred before the grand jury.....
section 7 of the Wills act, authorizing contests of wills in
chancery, applies to all wills upon which letters of ad-
ministration are authorized to be issued......
a bill will lie to contest a foreign will, an authenticated
copy of which has been filed with the clerk of probate
or county court as provided in section 2 of Wills act.. 244
conclusion drawn from evidentiary facts is an ultimate
fact the evidentiary facts not considered to determine
whether they sustain finding of ultimate facts......... 346
Appellate Court should not grant certificate of importance
and allow an appeal after it has made a finding of facts
and reversed without remanding......
under section 13 of Practice act, suit against partnership
whose members are non-residents of the county may be
begun by serving process on an agent.....
when judgment of county court in tax case must be af-
firmed for want of exception to judgment....
what is not a proposition of fact within meaning of sec-
tion 61 of Practice act-what does not show that trial
court misapplied the law to the facts......
trial of a feigned issue in a chancery case is merely ad-
visory-when alleged errors in rulings on evidence are
unimportant.....
when question on appeal in chancery is whether decree
properly disposes of case, considering entire record... 475
Supreme Court is bound by Appellate Court's finding of
facts but may inquire whether such facts are bar to suit. 522
Appellate Court, in making finding of facts, should find
the ultimate facts on every material issue....
act of 1905, requiring notice of personal injury to be filed
in office of city or village attorney, construed......... 522
city or village attorney must be a licensed attorney hav-
ing an office or place of business....
trial is de novo on appeal to county court from county
judge in inheritance tax proceeding......
when judgment of county court must be affirmed for want
of exception to the judgment...
when question whether there is any evidence to sustain
cause of action is presented..
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