when instruction stating the rule of fellow-servants as an
abstract principle of law is properly given.................
admission of incompetent evidence in a criminal case can
not be assigned as error if the accused testified to the
same matter in his own behalf......
right to plead in abatement is waived by entering appear-
ance and having the case continued.......
in criminal case great latitude should be allowed in cross-
examining witnesses hostile to accused...........
accused has the right, on cross-examination, to fully ex-
pose the ill-will of the prosecuting witness....
what a proper question on cross-examination of prosecut-
ing witness in trial for assault with intent to kill........ 176
in giving instructions the court should apply the rules of
law to the evidence, so the jury may clearly understand
their relation......
right of People to call a witness whose name is not on the
indictment but who testified before the grand jury...... 291
when proper for plaintiff in personal injury case to state,
on re-direct examination, that defendant's offer to put
him to work was upon condition that he sign a release.. 328
plaintiff's motion to dismiss suit on note is properly denied
where defendant has filed a plea of set-off..........
one judge cannot permit another to finish performance of
duty begun by former, involving exercise of judicial de-
liberation upon facts known only to the former.......... 493
it is error for the judge who heard the evidence in a crimi-
nal case to allow another judge to hear the arguments,
give instructions and receive the verdict.......
facts under which the question of the degree of danger at-
tending performance of work is properly left to the jury. 509
whether the operation of machinery with a twisted belt
is dangerous is not a matter of such common knowledge
that it is error to hear expert testimony on the subject. 509
special interrogatories are properly refused which do not
relate to the ultimate facts or which assume an eviden-
tiary fact to be proven....
insertion of words “intentionally” and “corruptly” before
word "willfully," in instruction concerning right of jury
to reject testimony of false witness, is not improper.... 514
only ultimate facts are subjects for special findings.
514
party cannot, by instruction, limit the purpose for which
excluded evidence was offered, so as to render the ruling
of the court in excluding it erroneous.......
when testimony offered to cure insufficient description of
improvement is properly rejected.......
to create a trust by precatory words it is essential that the
testator clearly point out both the subject matter and
the objects of the trust
when trust is not created by use of precatory words...
VENUE.-See CHANGE OF VENUE.
laws governing municipal corporations are not in the na-
ture of private grants, in which parties may acquire a
vested right to have them remain unchanged........
VILLAGES.-See MUNICIPAL CORPORATIONS.
when right to insist upon time as of the essence of a con-
tract to re-pay money advanced and take up a certificate
of sale is waived.......
objections to appeal bond are waived by joinder in error.. 101
the right to plead in abatement is lost by appearance and
having the cause continued......
by replying to plea after overruling of a demurrer thereto
the right to question the sufficiency of the plea is waived. 307
provisions of building contract respecting the architect's
certificates, written orders for alterations, etc., may be
waived by the parties....
when stipulation of facts is a waiver of common counts... 445
WAREHOUSES.
public warehouse defined-what does not make a mill, gran-
ary or store a public warehouse.....
what evidence does not tend to prove the keeping of a pub-
lic warehouse.........
liability of mill owner who receives wheat for storage..... 270
WARRANT OF ATTORNEY.-See POWER OF ATTORNEY.
WILLFUL NEGLIGENCE.-See NEGLIGENCE.
to create a trust by precatory words it is essential that the
testator clearly point out both the subject matter and
the objects of the trust....
when trust is not created by use of precatory words...
will construed as to power of executors to sell land..
parties electing to take under a will cannot insist that pro-
visions in their favor be executed while those to their
prejudice shall be annulled.....
on bill to contest a will the evidence of contestants must
overcome the affirmative testimony of the subscribing
witnesses and neutralize presumption in favor of sanity. 528
question to be determined on appeal in will case, where the
jury were instructed to find for the proponents.......
prejudice against relatives is not ground for setting aside
a will unless it can be explained upon no other ground
than the presence of an insane delusion
harsh treatment of son does not show an insane delusion,
where it can be explained by the temper of the father
and the conduct of the son in provoking him............. 528
punctuation of will may be disregarded if the meaning of
the will is thereby rendered more obvious and certain... 541
will construed as to who are beneficiaries thereunder...... 541
conviction may be had on uncorroborated testimony of an
accomplice, if same is competent and sufficient to justify
a verdict of guilty if believed by the jury....
in a criminal case great latitude should be allowed in cross-
examining witnesses hostile to accused.....
right of People to call a witness whose name is not on the
indictment but who testified before the grand jury...... 291
insertion of words "intentionally" and "corruptly" before
word "willfully," in instruction as to right of a jury to
reject testimony of false witness, is not improper...................... 514
the word "unavoidably" construed, as used in declaration
charging that defendant's engine was “unavoidably run
or driven upon the said track"....
words "their bodily heirs" construed as used in deed.............
language "contiguous territory, not exceeding two square
miles," construed, as used in section 5 of article 11 of the
City and Village act, concerning village organization... 377
TABLE OF CASES
COMPRISING THE FORMER DECISIONS CITED, COMMENTED UPON OR
EXPLAINED IN THIS VOLUME.
Abraham v. North German Ins. Co. 40 Fed. Rep. 717..
Adcock v. City of Chicago, 160 Ill. 611..............
Adlard v. Muldoon, 45 Ill. 193.....
Anderson v. Olin, 145 Ill. 168..
Andrews v. People, 117 Ill. 195......
Anthony v. Anthony, 23 Ark. 479..
Archer v. Claflin, 31 Ill. 306....
Arms v. Ayer, 192 Ill. 601....
Ayers v. Chicago Title and Trust Co. 187 Ill. 42
Baltimore and Ohio Southwestern Ry. Co. v. Keck, 185 Ill. 400.. 520
Belleville, City of, v. Citizens' Horse Ry. Co. 152 Ill. 171.
Blake v. State Bank of Freeport, 178 Ill, 182..
Campbell v. Powers, 139 Ill. 128..
Canady v. Marcy, 13 Gray, (Mass.) 373..........
Carpenter v. Capital Electric Co. 178 Ill. 29..
Carper v. Crowl, 149 Ill. 465.......
Carrico v. People, 123 Ill. 198...
Carson v. Merle, 3 Scam. 168...
Catron v. Craw, 164 Ill. 20....
Channon v. Sanford Co. 70 Conn. 573 ...
Chapman v. Young, 65 Ill. App. 131..
Charles v. State, 4 Porter, 107....
Chase v. Dana, 44 Ill. 262....
Chase v. Ewing, 51 Barb. 597..
Chase v. McDonald, 7 Har. & J. 160..
Carterville Coal Co. v. Abbott, 181 Ill. 495....
Catholic Bishop of Chicago v. Bauer, 62 Ill. 188..
Centralia, City of, v. Wright, 156 Ill. 561..
Chicago and Alton R. R. Co. v. Fisher, 141 Ill. 614...........
Chicago and Alton R. R. Co. v. Maroney, 170 Ill. 520...
Chicago and Alton R. R. Co. v. Pearson, 184 Ill. 386..
Chicago and Alton R. R. Co. v. Sanders, 154 Ill. 531..
Chicago and Alton R. R. Co. v. Winters, 175 Ill. 293..
Chicago, Burl. and Quincy R. R. Co. v. Avery, 109 Ill. 314.
Chicago, Burl. and Q. R. R. Co. v. City of Ottawa, 148 Ill. 397.. 209
Chicago, Burl. and Quincy R. R. Co. v. Murowski, 179 Ill. 77.... 44
Chicago, Burl. and Quincy R. R. Co. v. Payne, 59 Ill. 534.
Chicago, Burl. and Quincy R. R. Co. v. Perkins, 125 Ill. 127 .... 19
Chicago, Burl. and Quincy R. R. Co. v. Schaffer, 124 Ill. 112.... 247
Chicago and Calumet Rolling Mill Co. v. Scully, 141 Ill. 408.... 100
Chicago, City of, v. Babcock, 143 Ill. 358.....
|