PRINCIPAL AND AGENT.-Continued.

when instruction stating general rule as to what a real es-
tate broker must do to entitle him to recover a commis-
sion should not be given...

PRIORITY.—See NOTICE.

PROCESS.

process is unnecessary if party voluntarily appears.

PUBLIC POLICY.

.....

PAGE.

declaration of public policy in the constitution is conclu-
sive upon legislative and judicial departments..
the public policy of Illinois is against the forfeiture of es-
tate as a result of conviction of crime......
the legal execution of an insured for crime committed by
him is no defense to a suit on the policy by his legal rep-
resentative unless policy so provides...

a court of equity will not enforce a judgment rendered on
a contract which violates the Anti-trust law......
what does not remove taint of illegality in a bond trans-
action incident to the carrying out of a contract violat-
ing the Anti-trust law ....

....

a contract to pay a real estate broker a commission to in-
troduce person to whom the owner shall be able to make
a sale is not against public policy.....

QUO WARRANTO.

office of information in quo warranto is not to tender an
issue of fact but to require defendant to show his au-
thority for holding or exercising the privileges......
it is sufficient for an information in quo warranto to al-
lege, generally, that defendant is exercising the privi-
leges without lawful authority..
defendant to information charging usurpation in general
terms must disclaim or justify...

507

197

37

37

37

ΙΟΙ

ΙΟΙ

507

260

260

...

limits of rule that replication to plea in quo warranto can
not traverse matters of inducement....
effect where People take issue on traverse in plea to in-
formation in quo warranto....

260

260

People may set up by replication to defendant's plea new
matter which shows the invalidity of the defendant's ap-
parent title as made by his plea..............

260

demurrer to replication in quo warranto reaches back to
defects in pleas; but if there is one good plea and no
good replication, defendant is entitled to judgment..... 261

QUO WARRANTO.—Continued.

PAGE.

261

when plea by a telephone company in quo warranto pro-
ceeding by city presents a good defense...
what constitutes good replication to plea in quo warranto
proceeding by a city charging usurpation by telephone
company in general terms......
when quo warranto is a proper remedy for determining
whether telephone company has violated its license ordi-
nance and whether such violation is material.......... 261

RAILROADS.—See EMINENT DOMAIN.

261

when interurban conductor must be held to have assumed
risk of injury from crooked pole.

126

what is contributory negligence by interurban conductor. 126
what evidence is competent in rebuttal of testimony tend-
ing to show that plaintiff had earned as much wages
since his injury as before.....

136

when condemnation proceeding cannot be overthrown for
alleged disparity of names as between the owner of land
and the person to whom notice was given......
what is not adverse possession as against railroad......
what does not pass under foreclosure of trust deed covering
railroad property-when Statute of Limitations is a bar
to assertion of title by railroad company....
when railroad company has no right to partition of land. 232
extent to which location of sub-way in a track elevation
plan may be left to city officials by council.....
courts will not interfere with a city's plan for track eleva-
tion because some other plan may be better.....
what does not justify enjoining track elevation proceedings 293
the statutory duty of a railroad company to build fences
suitable to turn stock is an absolute one.
railroad company is not required to build such fences as
will keep small children off the track......
company's liability for death of small child does not rest
upon a non-compliance with its statutory duty to build
fences suitable to keep stock off track.....

224

224

232

292

292

....

446

446

446

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

REAL PROPERTY.-See WILLS; DEEDS; MORTGAGES.
party is not charged with constructive notice from record
of conveyances outside the chain of title......
when holders of trust deeds have equitable liens though
neither is a valid first lien...

.. 180

180

REAL PROPERTY.-Continued.

PAGE.

what is negligence by purchaser of trust deed-negligence
postpones priority as between equitable lienholders.... 180
notice of a specific claim is not notice of a different one.. 181
what evidence is sufficient to sustain decree refusing to set
aside deed for alleged incapacity of grantor..
when purchaser of land is estopped to deny right of grant-
or's wife to dower.

...

....

201

201

211

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.
resulting trust cannot be established by doubtful evidence. 373
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

RECORDING LAWS.-See NOTICE.

RELEASE.—See MORTGAGES.

RELIGIOUS SOCIETIES.-See CHURCHES.

REMEDIES.-See ACTIONS AND DEFENSES.

REMITTITUR.

when error is not cured by requiring remittitur..

RESIDENCE.-See ELECTIONS.

RES JUDICATA.

plea of res judicata is defective which fails to show a final
judgment by a court of competent jurisdiction.....
a judgment annulling an original special assessment is not
res judicata as to a new assessment..

474

37

169

when decree in a foreclosure case is no defense to a judg-
ment by confession on the mortgage note.

175

REVENUE.-See TAXES.

RIPARIAN RIGHTS.

when an upper proprietor is liable to lower proprietor for
damage caused by breaking of dam.

522

rights of riparian proprietors are relatively equal, and de-
pend upon the reasonableness of the use and the degree
of detriment to other proprietors....

522

RIPARIAN RIGHTS.-Continued.

when an instruction as to riparian rights need not contain
qualifications respecting the extent of the interruption
and degree of injury sustained..

ROADS AND BRIDGES.-See HIGHWAYS; TAXES.
SALARIES.-See FEES AND SALARIES.

SCHOOLS.

PAGE.

522

the rule as to college students voting-residence in college
town must be bona fide, without an intention of return-
ing to the parental home.....

when school directors have no remedy, in equity, to re-
cover alleged omitted taxes which were, by mistake, lev-
ied and paid in another school district...

SCIRE FACIAS.

55

322

what defenses available on scire facias to revive judgment 238
defendant cannot, under a plea of nul tiel record, deny ser-
vice of process as against a record showing service.... 238
when defendant is not entitled to jury trial.......
court may admit record of its judgment without proof that
it is the record of the court.....

238

238

when judgment in a scire facias proceeding to revive a
judgment is in proper form..

239

SENTENCE.

court has power to fix time of solitary confinement of a
person convicted of murder....

SHERIFFS.

416

when sheriff is not liable for interest on money held by
him

441

SIDEWALKS.

section 7 of Sidewalk act of 1905, requiring contract to be
let to highest bidder where the expense for the construc-
tion of the walk exceeds $500, is mandatory.....

587

SPECIAL ASSESSMENTS.

rule respecting necessity for estimate of cost of improve-
ment where a new assessment is levied......

169

what conditions authorize the levy of a new assessment
under section 58 of Local Improvement act...

169

SPECIAL ASSESSMENTS.-Continued.

the original estimate of cost has nothing to do with a new
assessment for the completed work....
effect where original assessment is annulled...
proceedings under sections 57 and 58 of Improvement act

are not to enforce the original assessment but to levy a
new and independent assessment...
judgment annulling original assessment is not res judicata

as to new assessment....

when special appearance is waived.....

when bill of exceptions may be considered as part of the
record though mistake was made in the order for appeal
as to the date for filing the bill of exceptions......
what is not a variance between delinquent list and publi-
cation notice as to names of owners...

PAGE.

169

169

169

169

242

242

242

a judgment and order of sale for a delinquent special as-
sessment should be spread of record in the tax, judg-
ment, sale, forfeiture and redemption record......... 242
judgment and order of sale should mention item of inter-
est if it is to be included, and it is not sufficient to simply
include the interest in the schedule.....
correct practice where the only error is in the form of the
judgment, is to remand the cause with directions to en-
ter a proper judgment.....

.... 242

....

242

561

rebate must be apportioned in accordance with judgment
of confirmation, without regard to whether some assess-
ments were reduced upon objection or not.......
appeal may be taken from order of county court in matter
of distributing assessment rebate.....
section 7 of Sidewalk act of 1905, requiring contract to be
let to the lowest bidder if cost exceeds $500, cannot be
evaded by making a contract for each contiguous lot... 587

SPECIFIC PERFORMANCE.

....

561

defendant to bill for specific performance cannot take ad-
vantage of a departure from the contract which he has
suggested or acquiesced in.....

when party having beneficial interest in contract has right
to maintain bill for specific performance.
when party to contract may resort to equity for specific
performance instead of pursuing remedy at law....
party having option on land for speculative purpose must
act promptly after accepting option-when his delay in
closing deal will defeat specific performance...
when defect in abstract of title is not aided by rule of evi-
dence relating to ancient documents...

488

e....

488

488

534

594