CONSTITUTIONAL LAW.-Continued.
a contract calling for payment from money to be collected
in the future creates a debt.....
ordinance authorizing mayor to borrow money for pur-
chase of fire apparatus is void if city is in debt up to the
constitutional limit........
section 25 of Municipal Court act, requiring petit jurors to
be drawn from body of county, does not violate sections
5 and 9 of article 2 of the constitution....
provision of section 25 of Municipal Court act requiring
county to bear part of jury expense for municipal court
does not violate the constitution....
legislature cannot exempt from taxation church property
not used exclusively for religious purposes...
the act of 1905, exempting church parsonages from taxa-
tion, is unconstitutional....
ordinance granting street privileges to corporation for in-
definite time is a grant for the life of the corporation,
and is not unconstitutional as an irrevocable grant..... 261
clause 1 of section 2 of Municipal Court act, giving juris-
diction in actions on contracts, express or implied, where
the amount claimed exceeds $1000, is constitutional..... 312
a citizen has a right to insist that his rights shall be de-
termined by the same rules of law which settle and de-
termine similar rights of other citizens...
provision of Practice act of 1907 providing for review of
facts by Supreme Court is unconstitutional...
power of legislature to change remedies or give new ones. 617
of section 59 of Levee act, as to what lands may be legally
included in a sub-district.
of act of 1903, relating to telephone companies, as not giv-
ing them right to occupy streets without city's consent. 262
of section 55 of Levee act, for assessing benefits where a
drainage ditch benefits a road, as applying to road dis-
tricts in counties not under township organization..... 303
term "f. o. b. cars" furnishes no implication as to which
party shall furnish cars, and proof of the construction
adopted by the parties is competent. . . . .
of provision of contract excusing performance in case of
strikes, as meaning strikes which were the proximate
cause of defendant's default....
of deed, as conveying entire interest of grantor though
such interest is not correctly described.....
of act of 1907, increasing fees of State's attorneys, as not
applying to those in office when act took effect......... 519
presence of re-entry clause is important in determining
whether provision is a covenant or condition subsequent. 594
of provision of deed, as not being a condition subsequent. 594
in construing a will and codicil the provisions of the will
should not be disturbed further than is necessary to give
effect to the codicil.......
what may be considered in construing will..
of codicil, as not giving testator's second wife power to sell
the fee or as revoking a prior codicil...........
CONSTRUCTIVE NOTICE.-See NOTICE.
time to raise question of legal capacity of labor union is in
the original suit for injunction, and not on appeal from
a contempt proceeding for violating the injunction..... 402
appeal from decree granting injunction does not suspend
the injunction, and violations thereof may be punished
as a contempt of the court granting the injunction..... 402
power to punish for contempt is in the court whose order
is disobeyed, whether proceeding is civil or criminal... 402
court cannot punish for contempt, pending appeal, if in-
junction is mandatory, but may punish for contempt,
pending appeal, if the injunction is merely prohibitory. 402
court has no power to appropriate to complainant's use a
fine for contempt in violating the injunction....
contract for street lighting at a monthly rental per lamp
creates a debt, and is illegal if the city is indebted up to
the constitutional limit....
contract calling for payment by city from money to be col-
lected in the future creates a debt.....
a court of equity will not enforce a judgment entered on a
contract which violates the Anti-trust law.......
what does not remove the taint of illegality in bond trans-
action incident to the carrying out of an agreement vio-
lating the Anti-trust law...
what is included within the term "implied contracts"..... 312
implied contract of safe carriage exists between carrier
and passenger, and an action lies for breach of such con-
tract in case of injury to passenger...
term "f. o. b. cars" furnishes no implication as to which
party to contract shall furnish the cars...
evidence showing construction placed by parties upon the
term "f. o. b. cars" is competent in an action for breach
of contract to deliver coal......
what provision of contract for sale of coal merely limits
the rights and obligations to the needs of the purchaser
and is not a gambling option.....
evidence of market price of coal for term covered by con-
tract is competent in action for breach for non-delivery. 326
provision of a contract excusing performance in case of
strikes construed as meaning strikes which were the
proximate cause of defendant's default......
defendant to bill for specific performance cannot take ad-
vantage of departures from the contract he has suggested
or acquiesced in....
when party having a beneficial interest in a contract may
maintain bill for specific performance and will not be
required to resort to a remedy at law......
a contract to pay a real estate broker a commission to in-
troduce a person to whom a sale shall be made is not
against public policy......
agreement by broker to introduce a person to whom a sale
is made is not an undertaking to make a sale nor find a
purchaser ready and willing to buy....
party having option on land for speculative purposes must
act promptly after accepting option-when delay in clos-
ing deal will defeat specific performance...
when trust is created by parol agreement of grantee in a
voluntary deed absolute in form.....
what objection to item in abstract of title is valid...........
when defect in abstract of title is not aided by rule of evi-
dence relating to ancient documents.....
equity will not enforce unconscionable contract.
CONTRIBUTORY NEGLIGENCE.-See NEGLIGENCE.
CONVEYANCES.-See DEEDS; MORTGAGES.
CORPORATIONS.-See RAILROADS; MUNICIPAL COR-
PORATIONS.
stockholders are not entitled to sue out writ of error in
name of corporation without its consent....
when quo warranto is proper remedy to determine whether
a corporation has violated its license and whether such
violation is of a vital matter....
ordinance granting street privileges to corporation for in-
definite time is a grant for life of corporation and not an
unlawful grant of special privileges and immunities........ 261
failure of ordinance to limit life of license does not create
a license at will of the city-when ordinance granting li-
cense to corporation cannot be repealed................
obligations imposed on corporation by the ordinance grant-
ing its license cannot be released by the subsequent enact-
ment of a statute.....
corporations, including those not for pecuniary profit, may
adopt by-laws for expelling members.
equity will not enjoin expulsion of member from corpora-
tion not for pecuniary profit.....
a railroad company may acquire fee of land required for
right of way by warranty deed-if deed has no restric-
tions company may sell land when no longer needed.... 581
COURTS.-See APPEALS AND ERRORS; EQUITY.
section 25 of Municipal Court act, requiring petit jurors
to be drawn from body of county, does not violate sec-
tions 5 and 9 of article 2 of the constitution...
provision of section 25 of Municipal Court act requiring
county to bear part of jury expense for municipal court
does not violate the constitution...
objection to the jurisdiction of subject matter cannot be
waived and may be first raised on appeal or error...... 120
correct practice where a decree overthrowing a will is re-
versed for error in not directing a verdict..
when the Supreme Court may direct what decree shall be
entered......
court may consider equitable interests in distributing con-
demnation money among the various defendants.
courts take judicial notice of their own records....
mistakes of the clerk in writing the record may be cor-
rected by the court at any time to conform to the facts. 248
provision of Municipal Court act giving jurisdiction of ac-
tions on contracts, express or implied, covers action for
injury to passenger, as a breach of implied contract.... 312
power to punish for contempt is in the court whose order
is disobeyed, whether the proceeding is civil or criminal. 402
court cannot punish for contempt, pending appeal, if the
injunction is mandatory, but may punish for contempt,
pending appeal, if injunction is merely prohibitory..... 402
court has no power to appropriate to complainant's use a
fine for contempt in violating injunction....
it is the duty of the court to prevent counsel's abuse of wit-
nesses and parties, and this duty is not always performed
by sustaining objections to counsel's remarks.....
Appellate Court may find facts different from those found
by trial court though defendant introduces no evidence,
and may incorporate such finding in its judgment...... 568
CREDITORS.-See DEBTOR AND CREDITOR.
paragraph 444 of Criminal Code, authorizing court to fix
time of solitary confinement of murderer, was not re-
pealed by section 6 of act of 1893, concerning wardens. 416
tenant who renews lease knowing how another's interfer-
ence with drainage has damaged crops cannot recover
for such damage during the period of renewal......... 361
what evidence is not admissible in an action for injury to
crops caused by defendant's interference with drainage. 361
when cross-bill to establish trust and for partition is prop-
erly dismissed, as not germane....
when motion for leave to vacate partition decree and to
amend answer and cross-bill is properly denied.......
DAMAGES.-See EMINENT DOMAIN.
when action will lie against casualty insurance company
for procuring plaintiff's discharge by employer.......
question of actual damages sustained by tort is one of fact,
upon which Appellate Court's judgment is final......
proof that owner of building has done all he can to prevent
violation of smoke ordinance is admissible to guide jury
in assessing the penalty.....
what evidence is competent in rebuttal of testimony tend-
ing to show that plaintiff had earned as much wages
since his injury as before....
evidence of market price of coal for term covered by con-
tract is competent in action for damages for non-deliv-
ery-effect of alleged "corner" of market....
in an action for damages for injury to plaintiff's crops the
evidence must be confined to the damages for which the
defendant is liable
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