what does not justify enjoining track elevation proceedings. 293
when school directors have no remedy, in equity, to recover
alleged omitted taxes which were, by mistake, levied and
paid in another school district.....
chancellor's finding that the grantor had sufficient capacity
will be upheld on appeal unless clearly erroneous.
when deed should not be set aside for undue influence.
what is not ground for setting aside deed to coal rights.. 349
when equity may take and retain jurisdiction of contro-
versy over proper division of capital stock of corporation 353
equity will not enjoin expulsion of member from corpora-
tion not for profit, as his remedy, if any, is at law...... 458
courts of equity are inclined to uphold deeds of voluntary
settlement to persons having natural claims on grantor's
bounty ....
when the party having beneficial interest in contract may
maintain a bill for specific performance and is not re-
quired to resort to a remedy at law......
when court must grant injunction, regardless of any com-
parison between the benefit to the complainant and the
injury the injunction will cause defendant......
when improper use of premises may be enjoined without a
prior determination at law that such use is a nuisance.. 526
when conduct of business in offensive manner will be en-
joined ...
party having option on land for speculative purpose must
act promptly after accepting the option-when delay in
closing deal will defeat specific performance...
bill for partition need not embrace every distinct tract held
in co-tenancy by the parties, but must include the whole
of some one or more tracts....
when cross-bill to establish trust and for partition is prop-
erly dismissed, as not germane.
when purchaser of land is estopped to deny right of grant-
or's wife to dower....
EVIDENCE.-See EMINENT DOMAIN.
opening and counting of ballots on contest does not pre-
clude evidence that they have been tampered with.....
rule as to degree of evidence required to overcome pre-
sumption in favor of legality of votes...
a witness who has examined records may state fact that
they show nothing concerning a certain matter...
voter's intention as to his residence is admissible in evi-
dence but is not conclusive upon the court.....
proof that defendant has done all he could to prevent vio-
lation of the smoke ordinance is admissible to guide the
jury in assessing the penalty....
when proof that defendant changed the conditions after
the accident occurred is admissible....
when proof that crooked trolly-support pole was set closer
to track than others is proper....
what is not a proper question to put to witness...
what evidence is competent in rebuttal of testimony tending
to show that plaintiff had earned as much wages since
his injury as before....
rule as to how conviction of witness for a crime may be
proved-record of conviction must show matters essen-
tial to jurisdiction of the court.....
the identity of the witness with the person convicted of a
crime is presumed if the names are the same..
what evidence is sufficient to sustain decree refusing to set
aside deed for alleged incapacity of grantor....
evidence as to title is not competent on issue tried by jury
in a condemnation proceeding....
a warranty deed, without proof of possession or title in
grantor, is not proof of title in grantee; nor is a tax
deed, without a judgment or precept..
term "f. o. b. cars," used in a contract for sale of coal,
furnishes no implication as to which party should fur-
nish cars, and proof of construction adopted is proper. 326
evidence of market price of coal for term covered by con-
tract is competent in an action for damages for non-
delivery-effect of alleged "corner" on the market..... 326
what is not ground for setting aside deed to coal rights.. 349
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 .....
what evidence is not admissible in an action for injury to
crops caused by defendant's interference with drainage. 361
resulting trust cannot be established by doubtful evidence. 373
one who uses a crane in his business is not required to
subject the tackle to laboratory tests for latent defects. 412
what evidence is not admissible in action for injury from
breaking of hook when lifting a machine...
it is improper in condemnation to allow witnesses to in-
clude in their estimate of value of land taken, the dam-
ages resulting to the remaining land...
grantees in deeds are incompetent to testify as to delivery
when deeds are attacked by devisees of deceased grantor. 464
when widow of deceased grantor may and may not testify
as to delivery of deeds to grantor's sons.....
provision requiring the grantor's written consent to alien-
ation does not render deed testamentary.....
grantor's intention is of first importance in determining
whether voluntary deed was delivered....
when evidence of delivery of one deed affords a fair infer-
ence of delivery of another deed at same time......
when evidence of condition of roof of mine prior to acci-
dent is competent, as tending to show notice, though the
condition had changed at time of accident.....
when objection to question asked of witness testifying as
a mining expert is properly sustained...
in suit to recover a penalty for obstructing highway, the
proof must show that the obstruction exists as claimed
in the declaration and the notice.....
proof of donor's intention in dedicating is admissible, but
it cannot prevail over his acts inconsistent therewith... 511
when order of highway commissioners is not admissible to
show a statutory road......
what evidence is properly excluded in a proceeding to en-
join improper use of coal-hopper in coal yards, as inter-
fering with complainant's enjoyment of his premises... 526
what shows a valid delivery of a deed......
in case of a voluntary deed the presumption in favor of
delivery is stronger than in ordinary cases of a convey-
ance for a valuable consideration.....
what does not overcome evidence tending to show delivery. 553
when trust is created by parol agreement of grantee in a
voluntary deed absolute in form............
when defect in abstract of title is not aided by rule of evi-
dence relating to ancient documents....
purpose of rule relating to ancient documents...
what facts tend to show negligence by defendant and due
care by deceased, who was killed by sudden dropping of
load being lowered by a derrick..
EXECUTORS AND ADMINISTRATORS.
what is not a fatal objection to a petition for sale of land
to pay debts......
delay by creditors in seeking a sale of land while widow's
homestead continues is justifiable.
EXECUTORS AND ADMINISTRATORS.-Continued.
when a delay of four years after termination of widow's
homestead does not bar petition to sell land........... 622
what is not a fatal variance between the proof and the
averments of a petition to sell land.....
EXPERT TESTIMONY.-See EVIDENCE.
act of 1907, increasing fees of State's attorneys, does not
apply to those in office when act took effect, as the con-
stitution forbids change in compensation during term.. 519
fellow-servant rule may be invoked only by the common
master and not by third persons...
court has no power to appropriate to complainant's use a
fine for contempt in violating injunction........
FORECLOSURE.-See MORTGAGES.
FORFEITURE OF ESTATE.-See PUBLIC POLICY.
People v. Stookey, 98 Ill. 537, explained, as to its not be-
ing improper to require county to bear part of expense
for juries in city or municipal courts...
Peeples v. Peeples, 19 Ill. 269, and Parker v. Parker, 61
id. 369, overruled, as to what objection to jurisdiction of
divorce suit cannot be waived....
Gage v. Eddy, 167 Ill. 102, explained, as to the manner of
proving that a witness has been convicted of crime.... 150
Monticello Female Seminary v. People, 106 Ill. 398, distin-
guished, as to when a statute exempting property from
taxation is unconstitutional....
158
City of Chicago v. Galt, 225 Ill. 368, followed, as to rule
respecting the necessity for an estimate of cost where a
new assessment is levied..
Wadhams v. Gay, 83 Ill. 250, Noble v. Tipton, 222 id. 639,
Stiles v. Stiles, 167 id. 576, and Lindsay v. Lindsay, 226
id. 309, explained, as to when Supreme Court may di-
rect what decree shall be entered.....
City of Belleville v. Citizens' Horse Railway Co. 152 Ill.
171, distinguished, as to when quo warranto is a proper
remedy by city against corporation occupying streets.. 261
People v. Cregier, 138 Ill. 401, distinguished, as to when
ordinance making entire block, except one lot, no-license
territory is arbitrary and void.....
Doremus v. Hennessy, 176 Ill. 608, explained, as to break-
ing of existing contracts not being essential to make in-
terference with business unlawful.....
Mathewson v. Davis, 191 Ill. 391, followed, as to when a
sheriff is not liable for interest on redemption money
held by him
People v. C., V. & C. R. R. Co. 231 Ill. 438, followed, as to
when county tax is too indefinite....
Lloyd v. Catlin Coal Co. 210 Ill. 460, explained, as to when
court must grant injunction without comparing benefit
to complainant with injury the injunction will cause... 526
Pierson v. People, 204 Ill. 456, distinguished, as to provi-
sion of Sidewalk act of 1905 requiring contract to be let
to lowest bidder being mandatory....
when alleged fraud is no defense to note in hands of inno-
cent purchaser-what does not amount to fraud in the
execution of a note......
175
what is not ground for setting aside deed to coal rights.. 349
trustee named in deed of trust has power to release lien
though in violation of trust, but in equity the release has
no effect as to the parties or purchasers with notice.... 481
what facts do not charge purchaser of property with no-
tice of fact that note in hands of trustee is not the orig-
inal note secured by the trust deed...
481
when purchaser will be protected by trustee's release.... 481
when freehold is involved in action for injury to crops.. 360
section 55 of Levee act, for assessing benefits where drain-
age ditch benefits a highway, applies to road districts in
counties not under township organization...
commissioners of highways in road district are corporate
authorities, and may be compelled by mandamus to levy
tax for drainage benefits to highway..
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