TOWNSHIP HIGH SCHOOLS.-See SCHOOLS.
TRACK ELEVATION.-See RAILROADS.
if accused is represented by able counsel it is not error
to permit licensed attorneys to assist State's attorney.. 44
when refusal to re-open case a second time to permit de-
fendant to offer further evidence is not an abuse of the
trial court's discretion......
State's attorney should not violate rule forbidding argu-
ment to jury of matters outside the record-when im-
proper conduct of State's attorney will not reverse.... 131
when question of propriety of counsel's remarks to jury
is not preserved for review on appeal..................
argument to jury is an important element of the trial, and
it is error to practically direct the jury to disregard the
arguments of counsel entirely..
when question if fire started by defendant was the main
cause of burning of plaintiff's buildings is one of fact.. 580
same rule applies as to directing verdict in contested will
case as applies in a suit at law-question of preponder-
ance of evidence is not considered.....
court should not direct verdict in will case if there is any
evidence tending to sustain claim of insanity...
what does not raise a resulting trust-promisor in written
agreement to devise land becomes trustee of the title
when promisee has fully performed his undertaking... 60
when an agreement to devise land is based upon valuable
consideration and may be enforced as against a subse-
quent voluntary grantee or devisee of the promisor.... 60
a court of equity is not bound by the limitations applicable
to actions at law but may restrict or enlarge them, ac-
cording to circumstances.....
when complainant is not barred from asserting rights in
land against devisees of a person who had agreed to
hold the title in trust for complainant.....
when dismissal of bill to establish title in complainant to
land held in brother's name is res judicata of subse-
quent bill for substantially the same relief......
what is not a fatal variance between indictment and proof
in prosecution for bribery in collecting protection money
from keepers of houses of ill-fame....
Chicago wheel tax ordinance is not unconstitutional be-
cause its violation may be punished by imprisonment.. 383
VENDOR AND PURCHASER.-See SALES.
right of a city to require railroad company to build via-
ducts-approach to viaduct is ordinarily part of viaduct. 319
a railroad company is not required to maintain as an ap-
proach to a viaduct that which is for every practical
purpose a street or highway...
VILLAGES.—See MUNICIPAL CORPORATIONS; TAXES.
when Supreme Court cannot say that question was waived
because not raised in the Appellate Court....
unconditional delivery of insurance policy is a waiver of
a provision requiring pre-payment of premium...
when judgment in ejectment is res judicata, not only as
to the title to land beneath a dam, but also as to the
ownership of the dam itself....
Chicago wheel tax ordinance is not unconstitutional be-
cause its violation may be punished by imprisonment.. 383
when bill attacking will cannot be maintained as a bill to
remove cloud from title, but is, in effect, a bill to con-
test a will.... . . .
force of probate of foreign will....
a foreign will can have force as a devise of lands in an-
other State only by virtue of some law of the State
where the lands are situated.....
right to contest a will in chancery is purely statutory.... 243
section 9 of Wills act authorizes letters of administration
to issue when a foreign will or authenticated copy is
filed with clerk of probate or county court.....
section 7 of the Wills act, authorizing contests of wills in
chancery, applies to all wills upon which letters of ad-
ministration are authorized to be issued....
effect of successful contest of foreign will.
a bill will lie to contest a foreign will, an authenticated
copy of which has been filed with the clerk of probate
or county court as provided in section 2 of Wills act.. 244
testator's intention cannot be given effect if it violates the
rule against perpetuities, but entire will must be con-
sidered in ascertaining such intention...
418
when rule that only those members of a class of devisees
in esse at time of distribution will take does not apply. 543
a remainder is vested if distribution is postponed merely
to let in a prior interest-will construed as to when re-
mainder is vested......
of two possible constructions of doubtful language the one
which will uphold the will is preferred......
when executors take as executors and not as trustees.... 418
when devise to executors does not violate the rule against
perpetuities...
rule of construction in determining whether a less estate
is limited by express words.....
courts are averse to construing a gift over so as to divest
property already vested in possession..
when a substitutionary gift should be limited to lands in
which a remainder, only, was devised.....
same rule applies as to directing verdict in contested will
case as applies in a suit at law-question of preponder-
ance of evidence is not considered......
court should not direct verdict in will case if there is any
evidence tending to sustain claim of insanity....
parties are not competent where opposite parties are suing
or defending as heirs-Supreme Court will not consider
their testimony though they testified without objection. 34
when ballot for a township high school election is am-
biguous....
word "non-resident" is not necessarily confined to persons
residing outside of State.....
word "non-residents," used in section 13 of the Practice
act, relating to suits against partnerships, means non-
residents of the county.....
place where miners' examining board "resides" means the
county for which the board is appointed..
Table OF CASES
COMPRISING THE FORMER DECISIONS CITED, COMMENTED UPON OR EXPLAINED IN THIS VOLUME.
Amboy, City of, v. Illinois Central R. R. Co. 236 Ill. 236.... 619 Amrine v. Hamer, 240 Ill. 572.
Applegate v. Lexington Mining Co. 117 U. S. 267.
Atlantic Coast Line R. R. v. Riverside Mills, 219 U. S. 186.. 579
Auburn, Village of, v. Goodwin, 128 Ill. 57.
Ayres v. City of Chicago, 239 Ill. 237.
Bailey v. Bailey, 115 Ill. 551.
Bailey v. Smith, 168 Ill. 84..
Bale v. Bale, 242 Ill. 519.
Beattie v. National Bank of Illinois, 174 Ill. 571..
Bee Publishing Co. v. Shields, 94 N. W. Rep. 1029.
Behrensmeyer v. Kreitz, 135 Ill. 591..
Belleville, City of, v. Stookey, 23 Ill. 441.
Beloit, Town of, v. Morgan, 7 Wall. 619.
Berkowitz v. Lester, 121 Ill. 99.
Best v. Jenks, 123 Ill. 447..
Bieber v. Porter, 242 Ill. 616..
Biggins v. Biggins, 133 Ill. 211.
Birge v. City of Centralia, 218 Ill. 503.
Blake v. People, 109 Ill. 504..
Bliss v. Seeley, 191 Ill. 461..
Bliss v. Ward, 198 Ill. 104.
Bloomington, City of, v. Ill. Cent. R. R. Co. 154 Ill. 539..324, 323 Board of Supervisors v. People, 110 Ill. 511....
Board of Supervisors v. Winnebago Drainage Co. 52 Ill. 299. 73
Bobel v. People, 173 Ill. 19.....
Boehm v. Hertz, 182 Ill. 154..
Bodman v. Lake Fork Drainage District, 132 Ill. 439.
Bogda v. Glos, 244 Ill. 575.
Booth v. Opel, 244 Ill. 317.
Boston v. Nichols, 47 Ill. 353.
Bowen v. Allen, 113 Ill. 53..
Bowen v. Chase, 98 U. S. 254.
Bowler v. Bowler, 176 Ill. 541...
Brewster v. Cahill, 199 Ill. 309.
Brown v. Brooks, 21 L. R. A. 255...........
Brown v. City of Aurora, 109 Ill. 165.....
Buchanan v. International Bank, 78 Ill. 500.
Buehler v. McCormick, 169 Ill. 269..
Bulliner v. People, 95 Ill. 394...
Bullis v. City of Chicago, 235 Ill. 472.
Burch v. Hubbard, 48 Ill. 164.
Burroughs v. Kotz, 226 Ill. 40.
Burton v. Perry, 146 Ill. 71..
Bush v. Shipman, 4 Scam. 186.
Bush v. Whitaker, 91 N. Y. 616...
Butler v. State, 34 Ark. 480...
Butz v. Kerr, 123 Ill. 659.....
Calkins v. Calkins, 220 Ill. III.
Cella v. Chicago and Western Indiana R. R. Co. 217 Ill. 326. 225
Champlin v. Champlin, 136 Ill. 309.
Chapman v. Cheney, 191 Ill. 574..
Chapman v. City of Staunton, 246 Ill. 394..
Cheney v. Teese, 108 Ill. 473..
Chicago, City of, v. Brownell, 146 Ill. 64..
Chicago, City of, v. Green, 238 Ill. 258..
Chicago and Alton R. R. Co. v. Harrington, 192 Ill. 9.
Chicago, City of, v. Cook, 204 Ill. 373.
Chicago, City of, v. Kenney, 35 Ill. App. 57.
Chicago, City of, v. Newberry Library, 224 Ill. 330.
Chicago, City of, v. Nodeck, 202 Ill. 257...
Chicago, City of, v. Milling Co. 196 Ill. 580.216, 203, 202, 201, 200
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