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TAXES.-Continued.

PAGE.

when property of objector is not proportionately valued-
official returns are generally received in evidence...... 400
county court may determine question of tax exemption-
constitution limits right of legislature to legislate on the
question of exemption......

a municipality must have legal or complete equitable title
for property to be exempt-when a proposed park is
not exempt

408

408

... 415

.... 415

Detention Home act leaves method of levying tax to the
provisions of Revenue law.....
what may be included in tax levied to establish detention
home-meaning of the word "establish".....
amounts for establishment and maintenance of detention
home must be levied separately.....
legislature may change assessed valuation at any time.... 467
when tax rate needed to pay municipal bonds is not af-
fected by a subsequent legislative reduction of rate..... 467
when tax exemption provision in a special charter must be
construed with constitution of 1848......

....

415

478

laws exempting property from taxation are to be strictly
construed-application of rule..

478

when tax exemption provision may include property leased
for revenue...

... 479

what property of Chicago Home for Girls is exempt under
special charter

479

detention home tax may be levied in year in which the act
is adopted by election.....

519

when school tax levy may be made for building purposes
although no building has been erected..............
taxing authorities have power to make levies to meet ob-
ligations when they become due.............

611

when school board may make levy for building purposes
in addition to amount of bond issue....
school board may exercise its discretion if no limitation is
placed on character and cost of proposed building...... 611

... 611

.. 611

TOWNS.-See MUNICIPAL CORPORATIONS.

TRESPASS.

when bill to enjoin threatened trespass by highway com-
missioner is properly dismissed...

TRIAL.

court should avoid giving impression to the jury as to
the guilt of accused.....

599

92

TRIAL.-Continued.

PAGE.

when cross-examination of witness is not unduly restricted 93
when beginning trial on day court appoints counsel for de-
fendant is not error....

239

trial judge should exercise care to avoid influencing jury
in a criminal case-when limitation of argument of de-
fendant's counsel is unreasonable....
unreasonable limitation of an argument is ground for a
new trial ...

383

383

what questions are improper in examination of jurors-
argument of State's attorney must be based on evidence. 392
what argument of State's attorney is improper in a prose-
cution for perjury.....

...

when a special grand jury is legally impaneled-when the
conduct of the State's attorney on cross-examination is
prejudicial....

458

.... 532

opening statement by the defendant's counsel may amount
to an admission....

564

what remark by the court is not prejudicial in a criminal
case-trial judge should not conduct an extensive ex-
amination of witnesses......

601

trial judge should exercise care that his conduct does not
influence the jury............

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TRUSTS.

when a court of equity will appoint a trustee...

303

when court will appoint trustee under prayer for general
relief although special relief must be denied.................. 303
resulting trust arises only in favor of partics contribut-
ing to purchase of the property.....

408

VENUE.

venue in forgery need not be proved beyond a reason-
able doubt

there is no presumption of law that forgery was com-
mitted where the forged instrument is disposed of..............
what proof is sufficient to establish venue.

VERDICT.

....

20

20

451

377

verdict of jury in criminal case is not to be controlled by
number of witnesses testifying....
verdict cannot be sustained in criminal case if incompe-
tent evidence may have affected degree of punishment.. 422

VILLAGES.-See MUNICIPAL CORPORATIONS.

WAIVER.

PAGE.

when objection that an indictment charged two felonies
is waived ...
when right to have question of liability to a money judg-
ment reviewed upon the facts is waived......
when right to question validity of a statute is waived—
when objection to constitutionality of Workmen's Com-
pensation act is waived.....

239

551

551

WAREHOUSES.-See BAILMENTS.

WILLS.

when disposition of land must be in conformity with the
Statute of Wills...

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145

effect of devise to life tenant with remainder to her liv-
ing children or their descendants.....
decree construing will, although erroneous, is binding on
parties unless reversed or annulled in direct proceeding. 146
statement of the doctrine of representation-what is nec-
essary to application of doctrine of representation..... 146
when the interests of parties not in esse are represented—
when doctrine of representation does not apply. .... .............
both bill and decree should designate interests of parties
not in esse possibility of issue is not extinct until death. 147
when grandchildren of life tenant, both those in being and
those not in esse, are represented by guardian ad litem.
when heirs of testator are not necessary parties to suit to
construe devise

146

147

147

....

section 7 of Chancery act applies only to "unknown heirs.
or devisees" in being

147

when marriage of testator revokes his will.

175

right to pass property by inheritance or by will is a statu-
tory right

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widow who renounces will is entitled to one-third of per-
sonalty only after payment of debts.....

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court will so construe will as to dispose of all testator's
property, if possible.

242

when executor may sell undivided interest not disposed of
in the will......

242

when provision in will to prevent lapse does not dispose of
after-acquired property ..

243

real property acquired after making of will does not pass
unless an intention affirmatively appears.....

243

WILLS.-Continued.

PAGE.

when words will not be given technical meaning-when
devisce takes fee simple as heir of body of life tenant. 269
when words "heirs of the body" are words of purchase... 269
statement of the rule in Shelley's case-meaning of the
word "heirs" ...

rule in Shelley's case does not apply if the word "heirs" is
used as a word of purchase....

302

302

....

when devise to "surviving heirs" is not subject to rule in
Shelley's case

.....

302

rule in Shelley's case does not apply where life tenant has
interest only in income of estate.....

302

when executors take an estate in fee-when a court of
equity will appoint a trustee....

303

when court will appoint trustee under prayer for general
relief although special relief must be denied....
when freehold is not involved..............

303

320

when remainder vests at death of life tenant and is not
cut down to base fee-law favors vested estates...... 335
when remainder after a life estate is a base or determin-
able fee

508

distinction between a contingent remainder and a base fee. 508
when payment of income to a remainder-man cannot be
made until after death of life tenant.....
when devise creates a contingent remainder with double
aspect-merger. ...

508

521

the act of 1921 to prevent destruction of future interests
is not retroactive-constitutionality....

521

the intention to be given effect is that expressed in the
will-when surrounding circumstances may be shown in
construing will ....

557

when the word "heirs" is used as a word of limitation—
Shelley's case...

557

word "heirs" is presumed to be used in technical sense—
when devise lapses and does not go to heirs of devisee.. 557
when widow is not entitled to one-half the land covered by
lapsed devise

557

WITNESSES.-See EVIDENCE.

WORDS AND PHRASES.

what is an "office," within meaning of term as defined in
the constitution

193

when words "heirs of the body" are words of purchase.. 269
meaning of word "reliable," as applied to a purchaser... 273

WORDS AND PHRASES.-Continued.

PAGE.

meaning of the word "heirs"-rule in Shelley's case does
not apply if word "heirs" is used as a word of purchase. 302
when devise to "surviving heirs" is not subject to rule in
Shelley's case ....

meaning of the word "establish”.

302

415

Securities act may classify securities as "speculative".... 427
meaning of the word "having" or "hold," when applied to
property-meaning of the word "held" and of the term
"held by"

when the word "heirs" is used as a word of limitation-
the word "heirs," in a will, is presumed to be used in
technical sense

WORKMEN'S COMPENSATION.

....

when an employee is entitled to compensation notwith-
standing pre-existing disease.

employee may be compensated for acceleration or aggra-
vation of disease as a result of injury......
predisposing physical condition does not affect the right to
compensation-when award for total permanent inca-
pacity cannot be sustained.....

479

557

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... 28

death of an employee caused by pre-existing disease does
not arise out of employment....

87

where death results from the accident a pre-existing dis-
ease will not preclude an award................
when railroad company is subject to Compensation act-
when railroad company has burden of proving that it is
not under Compensation act......

87

119

... 119

....

when an injured employee may bring action against third
party causing injury..............
Compensation act divides employers and employees into
two classes

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119

.... 120

.....

167

when employee of third person may maintain action for
negligence against a railroad company......
section 3 of Compensation act of 1917 is a valid exercise
of police power
when recovery for death of traveling salesman killed by
railroad train must be under Compensation act......... 167
when injury and death of an employee do not arise out of
and in course of employment as custodian of property.. 346
when insurance company is bound by award of compen-
sation for death of employee...

487

when liability of insurance company is not limited to em-
ployees carried on pay-roll..

487

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