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ACTIONS AND DEFENSES.-Continued.

PAGE.

court will not assist either party to illegal transaction.... 525
when widow of a grantee in fee tail has interest subject
to partition

....

filing of præcipe is beginning of compensation case in cir-
cuit court

534

539

540

when an employee not engaged in hazardous occupation is
not entitled to compensation.....
proceeding to set aside a will is a suit in equity-a court of
equity will endeavor to avoid a multiplicity of suits...

ADMINISTRATION.

565

when circuit court may permit a certified copy of order of
probate court to be attached to record.....
when an order by the probate court determining heirship
is appealable ...

228

228

a proceeding for proof of heirship and widow's award is
statutory and an appeal lies to circuit court....
county courts may adopt equitable forms in probate mat-
ters-when petitioner for widow's award is not entitled
to jury in probate court....

228

229

petitioner for widow's award is not entitled to jury trial
in circuit court on question of heirship......

229

on appeal to circuit court, proceedings are of same char-
acter as in probate court.....

229

what must be proved by the party asserting a common
law marriage

229

ADMISSION TO THE BAR.

discretion of committee on character and fitness will not
ordinarily be reviewed.

263

AGENCY.-See PRINCIPAL AND AGENT.

ALIBI.-See CRIMINAL LAW.

ALTERATION.-See DEEDS.

AMENDMENTS.

defendant convicted of a crime must be sentenced under
act in force at time of offense....

91

council may amend the record of passage of ordinance in
accordance with the facts.....

133

when stipulation by city does not prevent amendment of
record of passage of ordinance....

133

when bill may be amended after evidence is in..

154

AMENDMENTS.—Continued.

when the pleadings may be amended after remandment to
make them conform to proof..................

general rule as to changing or repealing the charter of a
private corporation

APPEALS AND ERRORS.

judgment should be affirmed if an error complained of can
not affect result ......

an appellee may assign cross-errors.

statute prescribing form of review excludes other forms—
jurisdiction of the circuit court in compensation cases
is statutory

review of compensation case may be had only in circuit
court of county where any of the parties defendant may
be found ...

when Supreme Court cannot decide a case on merits......
Supreme Court takes judicial notice that Mississippi river
is navigable ....

when defendant should not be punished for contempt in re-
fusing to obey remanding order.

PAGE.

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when State may sue out a writ of error from decree reg-
istering title ...

148

when the Supreme Court will not interfere with verdict
of jury

when finding of the chancellor will be set aside......
order summoning a special grand jury is not part of rec-
ord of particular case....

175

191

210

appeal may be taken from decree dismissing petition un-
der section 94 of act concerning land titles......
when circuit court may permit a certified copy of order of
probate court to be attached to record.....
when order by probate court determining heirship is ap-
pealable meaning of term "suit or proceeding at law or
in chancery" ...

220

228

... 228

a proceeding for proof of heirship and widow's award is
statutory and appeal lies to circuit court......
on appeal to circuit court, proceedings in probate matters.
are of same character as in probate court....
when finding of chancellor will not be reversed for admis-
sion of incompetent evidence.....

228

229

256

discretion of committee on character and fitness of an ap-
plicant for license to practice law will not ordinarily
be reviewed ....

263

..: 291

duty of the trial court on remandment of a cause by the
Appellate Court

APPEALS AND ERRORS.—Continued.

PAGE.

when the pleadings may be amended after remandment to
make them conform to proof.......
defendant who is convicted of a bailable offense is entitled
to a stay of mittimus while applying for supersedeas-
acknowledgment

291

314

if statute violated is unconstitutional, judgment of convic-
tion must be reversed......
when alleged error is waived...

314

322

when no freehold is involved in suit to set aside deed..... 335
courts of appeal cannot take judicial notice of rules of
trial courts-how rules of trial court may be brought to
attention of court of review.....

....

when mandamus will lie to compel trial judge to certify
rules of trial court.....
when Appellate Court may award writ of mandamus-de-
nial of leave to file petition for a writ of mandamus is
subject to review....

......

370

370

371

executor represents all interests in defending a will and
may appeal from adverse decree....
377
when record in will contest case must be free from error.. 394
question cannot be raised for first time in reply brief..... 420
Supreme Court cannot determine preponderance of evi-
dence in compensation case.....

425

when counsel in compensation case cannot object to evi-
dence brought out by his cross-examination.....
when constitutionality of statute is involved...
when propositions of law are unnecessary.

435

454

469

circuit court cannot enter order affecting costs while ap-
peal is pending in Appellate Court....

483

finding of ultimate facts by Appellate Court in an action
at law is binding upon Supreme Court...

494

when objection that defendant's evidence cannot be con-
sidered comes too late in Appellate Court........
what objections must be specifically made at trial—waiver. 510
Supreme Court may examine Appellate Court's opinion
for reasons upon which judgment is based.....
when a cause will be remanded to Appellate Court to con-
sider proper assignments of error.....

510

510

when circuit court may direct alias writ of certiorari in
compensation case

510

... 540

when an alleged error in limiting cross-examination in a
condemnation case is harmless.....

556

when verdict of jury as to value of land in condemnation
case will not be disturbed..............

556

when a freehold is not involved in bill against trustee.... 571

APPEALS AND ERRORS.-Continued.

PAGE.

whether resolution of Chicago Board of Trade impairs ob-
ligations of contracts is not a constitutional question.... 585
what question asked of defendant on cross-examination in
criminal case is reversible error.....

....

when statement in argument of State's attorney will not
justify reversal of conviction....

ASSAULT.

591

600

what does not constitute one a principal in an assault..... 321
evidence of subsequent acts is competent to prove partici-
pation in assault..

322

ATTACHMENT.

money in hands of a bank collecting draft cannot be at-
tached by drawee to satisfy debt of drawer....
when propositions of law are unnecessary....
cases construing attachment act distinguished from com-
pensation case as to when circuit court may direct alias
writs of certiorari and scire facias...

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ATTORNEYS AT LAW.

discretion of committee on character and fitness of appli-
cant for license will not ordinarily be reviewed........ 263

AUTOMOBILES.-See MOTOR VEHICLES.

BAIL.

defendant who is convicted of a bailable offense is entitled
to a stay of mittimus while applying for supersedeas—
acknowledgment.

BALLOTS.-See ELECTIONS.

BANKS.

314

indictment against banker for receiving deposits while in-
solvent need not specifically charge embezzlement..... 191
bank officer who "connives" with other officers to receive
deposits while bank is insolvent is within the terms of
the statute....

.....

191

191

when it is immaterial on the trial of a banker what un-
paid checks were issued by depositor...
when jury may be instructed that it is immaterial whether
co-defendant banker has been convicted or acquitted... 192
mere request to close bank does not relieve officer of re-
sponsibility for keeping it open after it is insolvent..... 192

BANKS.-Continued.

jury may be instructed not to fix the term of imprison-
ment if they find a banker guilty of receiving deposits
while insolvent ...

PAGE.

192

what instructions for defendant are improper in trial of
banker for receiving a deposit while bank is insolvent... 192
admissions of defendant banker cannot preclude introduc-
tion of competent evidence to prove essential elements
of the crime charged..

..... 193

bank taking draft as security for loan becomes holder in
due course-bill of lading......

... 468

a bank cannot be compelled to resort to depositor's bal-
ance instead of proceeds of draft given to secure loan
to depositor ....

bank collecting draft becomes debtor of bank from which
it received draft for collection....
money in hands of a bank collecting draft cannot be at-
tached by drawee to satisfy debt of drawer.....

468

463

468

BILLS AND NOTES.

right of surety to subrogation...

the doctrine of marshaling of assets stated-when propo-
sitions of law are unnecessary...

a bank cannot be compelled to resort to depositor's bal-
ance instead of proceeds of draft given to secure loan
to depositor

pledgee taking negotiable paper as security for a loan be-
comes holder for value in due course.....
money in hands of a bank collecting draft cannot be at-
tached by drawee to satisfy debt of drawer....

bank collecting draft becomes debtor of bank from which
it received draft for collection......

bank taking draft as security for loan becomes holder in
due course-bill of lading....

when it is immaterial on the trial of a banker what un-
paid checks were issued by depositor.....

154

191

468

468

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when bank takes title to goods described in bill of lading.. 468

BOARD OF TRADE.-See BROKERS.

BROKERS.

a broker's authority is limited to express instructions and
usages of trade......

494

customer giving an order to a broker is presumed to au-
thorize him to transact business according to custom... 494

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