any school district may establish and maintain high school
department.....
district establishing high school is not authorized to incur
indebtedness in excess of the constitutional limit of five
per cent....
when verdict for damage to a school building from opera-
tion of railroad cannot be sustained..
when school trustees are liable for costs..
granting stays of execution of duly passed sentence, on the
application of the prisoner who remains in legal custody,
does not deprive court of power to execute sentence.... 549
SPECIAL ASSESSMENTS.-See SPECIAL TAXATION.
when departure from paving ordinance is substantial. ...... 59
when a new assessment, under sections 57 and 58 of Local
Improvement act, is improvidently made..
amendments of 1903 to section 4 of the Local Improvement
act, dispensing with property owners' petition for an im-
provement, are unconstitutional......
amendment of 1899 to Local Improvement act, requiring
property owners' petition for improvement, remains un-
repealed.......
resolution for improvement need not describe the improve-
ment in detail......
omitting the preamble and engineer's signature to estimate
of cost, when making the estimate part of the record of
the first resolution, is not fatal..............
when notice of public hearing is sufficient.
what not a bar to supplemental petition by city for a new
what description of catch-basin covers in paving ordinance
is prima facie sufficient...
what not such a departure from terms of ordinance as de-
feats assessment....
failure to file affidavit required by section 96 of Local Im-
provement act is ground for dismissing writ of error... 512
refusing judgment of sale is not a setting aside of the judg-
ment of confirmation, within the meaning of section 57
of the Local Improvement act...
ordinance for new assessment for completed work accepted
by city need not describe the improvement in detail..... 498
mere improper construction of improvement is not ground.
for defeating assessment....
amendments of 1903 to section 4 of Local Improvement act
are invalid, as being special legislation...
making and filing of a special tax list, under the Sidewalk
act of 1875, is jurisdictional.
bill of costs is not a warrant, such as required by section 3
of Sidewalk act of 1875.....
section 191 of Revenue act, concerning amendments, does
not authorize the court to levy a tax where none was lev-
ied by the proper officers...
oral statement by city collector that he had been unable to
collect tax after demand is not a return, and cannot be
amended on application for sale.....
resulting trust arising by operation of law is not defeated
because the grantee verbally agreed to convey title to the
cestui que trust upon request...
STATUTE OF LIMITATIONS.-See LIMITATIONS.
STATUTES.-See CONSTRUCTION.
statutes of foreign States must be proved..........
right of drainage through natural water-course is an ease-
ment appurtenant to each tract of land through which
the stream runs.
railroad company, in bridging natural stream, is bound to
provide for its volume as it may be increased by drainage
of lands bordering on the stream....
section 2 of act of 1897, authorizing assessor and county
clerk to assess a penalty for failure of a land owner to
clean stream, is unconstitutional.....
in actions for damages the instructions must be accurate,
if the facts are such as to excite sympathy......
instruction that jury may consider "present physical con-
dition of the plaintiff," without requiring such condition
to be the result of the injury, is misleading..
STREET RAILWAYS.-Continued.
great latitude should be allowed in cross-examining plain-
tiff if the extent of her disabilities is in dispute and her
symptoms may be feigned.......
when fact that defendant's servants were arrested after the
accident cannot be shown.....
fact that street car had right of way over wagon cannot be
considered by jury in determining whether the car was
negligently operated.......
when action against a street railway company for injury
from collision with wagon must go to jury. . . . .
right to construct and maintain a railroad, granted by city
ordinance, is a license-not a franchise....
determination of rights accruing under ordinance authoriz-
ing construction and maintenance of an elevated railroad
for a fixed period does not involve question of a freehold. 590
STREETS AND ALLEYS.-See MUNICIPAL CORPORA-
TIONS.
if unambiguous contract to convey lots is silent as to any
proposed dedication, a prior parol agreement to make the
dedication cannot be proved....
when dedication cannot be proved by acts and declarations. 87
rule in construing deed reserving a passageway over lots
where none has previously existed and without defining
its extent....
when width of alley-way reserved by deed is a question of
fact for testimony..
reservation of a sufficient "private alley-way" to be perpet-
ually maintained includes the right to unobstructed en-
joyment of light and air........
statutory plat, or a portion thereof, can be vacated only in
the manner authorized by statute.....
act of 1847, concerning vacation of plats, construed as pre-
cluding vacation after sale of lots unless all lot owners
joined in the writing....
the rights of a city in streets shown on a statutory plat are
not affected by unauthorized vacation of the plat....... 206
bill to remove tax deed as a cloud should allege in what re-
spect the deed is invalid.... . . .
clerk's certificate to delinquent tax list should be made on
the day advertised for the sale......
delinquent list should show that it was filed in the office of
the clerk of the county court, and not in the office of the
county clerk.....
when certificate of publication is defective.........
purchaser of tax deed after bill is filed to cancel it takes
subject to the decree, and the complainant need not make
the purchaser a party....
when decree should not direct tax deed to be delivered up
and canceled......
one entitled to file burnt records petition may seek incident-
ally to remove tax deed as a cloud on title..
defendant to burnt records proceeding who asserts validity
of his tax deed must prove his claim.....
tax deed is not evidence of amount paid therefor..
what not sufficient proof of amount paid for tax deed..
when tax deed is invalid.....
when failure to introduce tax deed in evidence is not fatal
to the decree setting it aside as a cloud.....
decree should not cancel tax deed as to an interest not pur-
ported to be conveyed by the deed under which the com-
plainant claims..
TAXES.-See SPECIAL ASSESSMENTS.
section 191 of Revenue act, concerning amendments, does
not authorize court to levy a tax where none has been
levied by the proper officers....
oral statement by city collector that he had been unable to
collect tax after demand is not a return, and cannot be
amended on application for sale........
procedure under section 253 of Revenue act, providing for
a foreclosure of lien for taxes, contemplates a judgment
in rem.....
in enforcing judgment in personam for taxes the sale must
be by the sheriff, and the right of redemption is the same
as in ordinary sales.....
voluntary transfers made in contemplation of death are
within the Inheritance Tax act, although grantee takes
possession before grantor's death................
extent to which amendments are allowable under section
191 of Revenue act...........
certificate of road tax may be amended, on application for
sale, to conform to the facts disclosed by the amended
record of the highway commissioners' meeting......... 518
section 119 of the Road and Bridge act does not require the
commissioners' certificate of levy of a road tax to spe-
cify the amounts needed for each purpose.
what does not relieve tax-payer from payment of tax.
certificate of road and bridge tax levy is sufficient if it dis-
closes the total amount to be raised...
right of court to give judgment for part of tax..
fact that county has collected full amount it could levy at
a legal rate does not prevent it from collecting from a
tax-payer taxes legally assessed.....
546
it is presumed a tax was legally levied, and the burden is
on the objecting tax-payer to show the contrary........ 551
one relying upon alleged insufficiency of a petition for an
election as defeating a tax should set out the petition in
abstract of record and show election was held under it.. 551
section 2 of act of 1897, authorizing assessor and county
clerk to assess a penalty for failure of a land owner to
clean stream, is unconstitutional....
TOWNS.-See MUNICIPAL CORPORATIONS.
TRIAL. See APPEALS AND ERRORS; EVIDENCE.
when sickness of counsel is not ground for continuance...
trial court has a reasonable discretion as to the time when
arguments and proceedings shall be had and the time
counsel shall occupy in argument. ....
statement in affidavit for continuance that a former judg-
ment was set aside, not stating on what ground, does not
show a meritorious defense.....
in actions for damages the instructions must be accurate,
if the facts are such as to excite sympathy.....
great latitude should be allowed in cross-examining plain-
tiff if the extent of her disabilities is in dispute and her
symptoms may be feigned.......
cross-examination of witness as to his domestic affairs and
private relations is not proper means of impeachment... 174
failure to prove an immaterial averment is not ground for
directing a verdict for defendant....
reading impeaching statement during cross-examination is
improper but will not reverse...
when opposite party is entitled to prove an admission..
declarations of witness corroborating his testimony are not
ordinarily admissible after he is discredited.....
when question whether it was negligence to ride on plat-
form of car is one of fact for the jury.....
when improper remarks of counsel will not reverse.
sustaining objection to improper remarks does not always.
purge record of error....
filing answer waives undecided demurrer.
when trustees of schools are liable for costs...
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