CONSTRUCTION.—Continued.

.....

PAGE.

75

103

.. 103

S

of section 253 of Revenue act, providing for foreclosure of
lien for taxes, as contemplating a judgment in rem.....
of repealing section of Farm Drainage act..........
provisions of Levee act do not apply to districts organized
under Farm Drainage act.....
rule in construing deed reserving a passageway over lots
where none has previously existed and without defining
its extent.
rule of ejusdem generis will not be applied if a larger in-
tent is clearly implied from whole instrument..... ... 146
rule of ejusdem generis should not be applied to the extent
of depriving the general words of all meaning..
when rule of ejusdem generis will not be applied to as-
sumption clause of warranty deed.....

.......

125

146

146

of will, as creating a contingent remainder........
of will, as authorizing trustees to use corpus of estate if
necessary to preservation of the estate and the support
of the widow...

186

186

of act of 1847, concerning vacation of plats, as precluding
vacation after sale of lots unless all lot owners joined in
the writing.....

.... 206

of devise "for the benefit of my family," as not creating a

trust...

of will, as creating determinable life estate.

338
338

of provision of will directing purchase of land, as not being
void for repugnancy or uncertainty......

339

in construing a will every effort should be made to recon-
cile alleged repugnant clauses....

339

of accident insurance policy, as covering only the periods.
specified in the paid premium notes....

382

of section I of Inheritance Tax act, as including volun-
tary transfers made in contemplation of death, although
grantee takes possession during grantor's lifetime....... 400
of section 1 of article 16 of School law, as not exempting
trustees of schools from liability for costs in suit to re-
cover damages for injury to school property......
of amendments of May 11 and May 15, 1903, to article 4 of
Local Improvement act, as unconstitutional. . . . . .
in construing a contract the interpretation put upon it by
the parties is entitled to great weight....

407

418

456

of section 18 of division 13 of Criminal Code, relating to
right of prisoner to discharge for delay in prosecution.. 584
of section 2 of act of 1897, authorizing assessor and county
clerk to assess a penalty for failure of a land owner to
clean stream, as being unconstitutional....

638

when demand for payment of alimony is not prerequisite
to an attachment for contempt....

CONTEMPT.

failure to pay alimony in compliance with decree is prima
facie evidence of contempt of court.....
evidence relied upon to show inability to pay alimony must
be explicit......

PAGE.

492

492

492

when failure to prove demand for alimony is no defense to
contempt proceeding......

492

power of court to compel payment of alimony by attach-
ment for contempt is not limited to one year's arrears... 492

CONTINUANCE.

statement in an affidavit for continuance that former judg-
ment was set aside, not stating upon what ground, does
not show a meritorious defense....
when sickness of counsel is not ground for continuance....
refusal to grant a continuance not asked for on statutory
grounds will not reverse unless there has been an abuse
of discretion...

CONTRACTS.

city which contracts for public work to be supervised by its
own engineer and subject to his orders is liable for neg-
ligence of the contractor.....

20

20

20

9

when rule of respondeat superior applies although work is
done by independent contractor.....

9

if unambiguous contract to convey lots is silent as to any
proposed dedication of abutting land, a prior parol agree-
ment to make it cannot be proved..........

when agreement between vendor and vendee is binding as
between them, notwithstanding the vendor is acting for
an undisclosed principal.....

agreement by vendor, in selling newspaper business, that
he will not engage in that business in the same place in
any capacity for five years is valid.....

in action to enjoin breach of contract not to engage in the
newspaper business, proof that defendant's paper occu-
pies a different field from one sold is immaterial......
question of existence of a verbal contract between deceased
and a claimant against his estate is one of fact, settled by
the judgment of the Appellate Court......
accident policy construed as covering only the periods spe-
cified in the paid premium notes....

87

· 97

97

98

286

construction put upon water-power contract by the parties
thereto is entitled to great weight....

when wife cannot recover on accident policy for death of
husband resulting from accident.....

382

383

456

CONVERSION.

measure of damages in action against life insurance com-
pany for conversion of policy...

PAGE.

when action against insurance company for conversion of
policy is properly brought in name of beneficiary....... 135

CORPORATIONS.-See RAILROADS; MUNICIPAL COR-
PORATIONS.

unauthorized attempt by benefit society to change member's
contract does not release him from his obligation to pay
as provided in the original contract...

320

a benefit society may be estopped to raise defense of ultra
vires.....

532

what constitutes the organic law of benefit society.
benefit society may waive by-law fixing age limit.

532

532

COSTS.

when appellee must pay all costs of appeal...............

what a proper order as to refunding interest and costs on
decreeing cancellation of tax deed...

when trustees of schools are liable for costs.

20

261

407

COURTS. See APPEALS AND ERRORS; EQUITY; JURIS-
DICTION.

courts will take judicial notice that the use of dynamite in
excavating is intrinsically dangerous.

9

when court will look to intent of parties to bond to deter-
mine whether it is a contract for indemnity or for the
payment of a liquidated sum.

68

when court cannot appoint trustee.

247

Supreme Court does not weigh the evidence in passing on
question of variance.....

256

right to remove cause to Federal court must be exercised
before a party is required by law or ruled by the State
court to answer or plead...........

286

when party is not entitled to remove cause.

286

the Appellate Court should not recite evidentiary facts nor
conclusions of law in its finding of facts......

301

a finding that certain checks were executed and delivered
as a gift is, in effect, a finding that the checks were with-
out consideration...

301

evidentiary facts recited by the Appellate Court are sur-
plusage, and do not impeach the ultimate facts.....
when finding of facts is conclusive.....

301

301

power of court to compel payment of alimony by attach-
ment for contempt is not limited to one year's arrears... 492

COURTS.-Continued.
whether the negligence complained of was that of the de-
fendants or of some third party is a question of fact not
open to review in the Supreme Court.....

PAGE.

one who appeals to the Appellate Court cannot sue out writ
of error from Supreme Court while the appeal is pend-
ing and undetermined.....

CREDITORS' BILLS.-See DEBTOR AND CREDITOR.
subsequent creditors cannot attack a prior settlement as in
fraud of their rights...........

CRIMINAL LAW.

569

637

.. 617

witness in bigamy case should not be allowed to state that
the accused was married to a certain woman on a partic-
ular occasion.......

238

when error in admitting evidence in prosecution for big-
amy will not reverse...

238

when declaration of one accused of bigamy that he had
been divorced is of no probatiye force.....

238

what evidence sufficient, in bigamy prosecution, to prove a
prima facie valid first marriage....

238

defendant in bigamy case who claims his first marriage in,
a foreign country was against its laws has the burden of
proving his contention.....

238

it is not presumed that a foreign country has adopted our
statute concerning marriageable age..
constitutional right of accused to meet witnesses face to
face does not apply to documentary evidence....
stays of execution of a duly passed sentence, granted on
application of prisoner who remains in legal custody,
are not ground for writ of habeas corpus.... . .
the reasonable doubt of guilt which the jury may entertain
must be based upon the whole evidence....

238

239

549

554

knowledge by the accused that goods received by him were
stolen may be shown by circumstances...

554

statute concerning speedy trials and right of discharge for
want of prosecution construed........

584

prisoner seeking discharge for delay in prosecution should
make application for his discharge to the court where
the indictment is pending...

584

no court except that wherein the indictment is pending has
jurisdiction to determine prisoner's right to discharge
for delay in prosecution...

584

decision of court as to the prisoner's right to discharge for
delay in prosecution cannot be reviewed or annulled on
habeas corpus by a court of concurrent jurisdiction..... 584

CRIMINAL LAW.-Continued.

when assumption of fact in instruction is harmless..
an order of discharge, on writ of habeas corpus, for delay
in prosecution is void if made by any other court than
that wherein the indictment is pending...

CROSS-EXAMINATION.-See TRIAL.

PAGE.

554

585

DAMAGES.

city is liable for damage from a contractor's use of dyna-
mite in tunnel excavation if used with the knowledge of
city officer in control of the work......
instruction that jury may consider “present physical condi-
tion of the plaintiff," without requiring such condition to
be the result of the injury, is misleading......
only actual damages are recoverable in suit on bond where
the purpose is merely to secure prompt performance of
agreement......

10

49

... 68

measure of damages in action against life insurance com-
pany for conversion of policy....

....

134

406

wrong and damage must concar to justify verdict against
railroad for injury to abutting property from vibration
caused by passing trains...
constitutional provision against damaging private property
for public use means actual, special damage susceptible
of proof and capable of approximate measurement...... 406
to justify compensation for damage to private property the
damage must differ in kind, and not merely in degree,
from that suffered by other private property....
when verdict for damage to school house from operation
of railroad cannot be sustained.....

406

406

DEBTOR AND CREDITOR.

what does not excuse delay by creditors in seeking to have
land sold subject to dower interest of widow..
right to file petition to sell real estate to pay debts may be
barred by unexcused delay of seven years..
the presumption that the apparent head of the family owns
the household goods is rebuttable......

.....

579

579

607

if a release was to be delivered upon the performance of
certain conditions, fact of its delivery furnishes strong
proof that the conditions were performed.....
subsequent creditors cannot attack a prior settlement as in
fraud of their rights... .

DECREES. See JUDGMENTS AND DECREES.

... 617

617