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CONTRACTS.-Continued.

PAGE.

454

what contracts are protected by constitutional provision
against impairing their obligations.....
franchise to corporate agent of State is not protected by
provision against impairing obligations of contracts.... 454
evidence of custom or usage is admissible to explain terms
of contract

494

......

whether preliminary negotiations shall be binding depends

on intention of parties......

494

contracts in ordinary course of business are subject to cus-
tom or usage of trade.....

494

acceptance must conform to the offer...

494

what agreement is a waiver of provisions of Compensa-
tion act

524

settlement of a claim for compensation must be in ac-
cordance with the provisions of Compensation act..... 524
employer cannot relieve himself of liability under Com-
pensation act by contract with employee.....

courts will not assist either party to illegal transaction.... 525
when prohibition of laws impairing obligations of con-
tracts does not apply....

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524

584

what enactments are subject to prohibition of laws im-
pairing obligations of contracts...

584

members of the Chicago Board of Trade are subject to
its by-laws ....

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whether resolution of Chicago Board of Trade impairs ob-
ligations of contracts is not a constitutional question... 585

CONTRIBUTORY NEGLIGENCE.-See NEGLIGENCE.

CONVERSION.-See WILLS.

CONVEYANCES.-See DEEDS.

CORPORATIONS.-See MUNICIPAL CORPORATIONS.
when judgment against a stockholder is res judicata in a
suit by his assignee-laches....

....

a consolidated corporation is liable for obligations of the
corporations of which it is composed......
general rule as to changing or repealing the charter of at
private corporation

....

94

113

307

subsequent legislatures, in exercise of police power, may
enact laws affecting previous grants to corporations.... 307
application of section 15 of act of 1915 for organization
of mutual insurance corporations...

307

CORPORATIONS.-Continued.

when whole of capital stock of a foreign corporation is
represented by property located and business transacted
in Illinois.

PAGE.

387
when license fee based on entire capital stock of foreign
corporation is not a tax on interstate commerce........ 387
franchise to a corporate agent of the State is not protected
by provision against impairing obligations of contracts. 454
the Chicago Board of Trade has no political or govern-
mental power

.....

584

585

members of Chicago Board of Trade are subject to its by-
laws-what is included in grant of power to corporation
to adopt by-laws ....
whether resolution of Chicago Board of Trade impairs ob-
ligations of contracts is not a constitutional question.... 585

COSTS.

specific items cannot be taxed as costs without statutory
authority. ...

454

drainage commissioners' expenses cannot be taxed as costs
on petition to abolish district......

when clerk must tax master's fees as costs-circuit court
cannot enter order affecting costs while appeal is pend-
ing in Appellate Court.....

CO-TENANCIES.

454

483

partition by a co-tenant is a matter of right-estoppel.. 265
when each tenant in common has cross-remainder in share
of the other or others.....

553

COUNTIES.

the tax for a tuberculosis sanitarium may be levied by
percentage.

COURTS.-See APPEALS AND ERRORS; PRACTICE.
when the circuit courts have special jurisdiction-special
jurisdiction is limited to language of statute-review...
the county courts may adopt equitable forms in probate
matters....

419

62

229

on appeal to circuit court, proceedings in probate matters.
are of same character as in probate court....
under section 27 of Municipal Court act defendant may be
prosecuted on information by individual.......
when Appellate Court may award writ of mandamus..... 371

229

314

CREDITORS.-See DEBTOR AND CREDITOR.

CRIMINAL LAW.

when a signed statement is admissible as a dying decla-
ration-judgment should be affirmed if an error com-
plained of cannot affect result.....
instruction that proof of insanity must raise reasonable
doubt of guilt is not erroneous...

PAGE.

.. 33

....

when instruction defining malice aforethought is not er-
roneous as ignoring a defense....

defendant must be sentenced under act in force at time of
offense-when a verdict is sufficient to justify sentence
to reformatory

3332 333

333

... 191

..... 91
general motion to quash raises only questions as to sub-
stantial defects in indictment......
indictment against banker for receiving deposits while in-
solvent need not specifically charge embezzlement...... 191
question of legality of summons of grand jury cannot be
raised by general motion to quash indictment.....
order summoning a special grand jury is not part of rec-
ord of particular case.

.......

191

191

bank officer who "connives" with other officers to receive
deposits while bank is insolvent is within the terms of
the statute ...
when it is immaterial what unpaid checks were issued by
the depositor

..... 191

191

when jury may be instructed that it is immaterial whether
co-defendant has been convicted or acquitted.......... 192
mere request to close bank does not relieve officer of re-
sponsibility for keeping it open.....

when an instruction on question of reasonable doubt is
proper-when jury may be instructed not to fix term
of imprisonment ..

192

192

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

what is necessary to acquittal on the ground of insanity—
when the Supreme Court will not interfere with verdict
of jury

.....

when discharging a deadly weapon is an unlawful act-
when People are entitled to instructions defining man-
slaughter in murder trial.....

193

210

211

when verdict will not be set aside as against weight of
evidence when character of accused is important..... 274
the defendant's character is presumed to be good until
contrary is proved-impeachment.

274

CRIMINAL LAW.-Continued.

PAGE.

..... 274

counsel for People cannot comment on failure of accused
to prove good character.....
what remark by trial judge during preliminary examina-
tion of witness is prejudicial error....

274

to be guilty of confidence game defendant must have ob-
tained property by means of confidence reposed in him.. 304
when the defendant is not guilty of confidence game..... 304
under section 27 of Municipal Court act defendant may
be prosecuted on information by individual.....
definition of the word "traffic"-section 4 of act of 1881,
relating to deadly weapons, is unconstitutional as not
within title of act....

314

314

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

314

if statute violated is unconstitutional, judgment of con-
viction must be reversed.....

314

what does not constitute one a principal in an assault-
evidence otherwise admissible is not incompetent because
it discloses other offenses.....

.....

321

when jury may consider negative conduct of spectator in
connection with other circumstances....

321

when evidence of subsequent robbery is admissible in mur-
der trial-evidence of subsequent acts is competent to
prove participation in assault..

322

when the person assisting principal male factor is guilty.
of murder-when an alleged error is waived........ 322
general rule as to electing on which count the State will
prosecute...

382

...

confidence game-when State should be required to elect-
alibi need not be proved beyond a reasonable doubt.... 382
what necessary to conviction for confidence game-when
Confidence Game statute does not apply.....
430
swindling operation is not necessarily confidence game... 430
what is not evidence of motive-the proof must be of con-
clusive nature for conviction on circumstantial evidence 591
what question asked of defendant on cross-examination is
reversible error ...

duties of attorney for prosecution do not authorize him to.
prejudice rights of defendant......

591

.... 591

threat to kill another person is not admissible in a murder
trial to show malice toward the deceased....
what is meant by aiding, abetting or assisting in a crime.. 600
defendant need not take active part in crime to be a prin-
cipal if he assents to a common design....

591

600

CRIMINAL LAW.-Continued.

when evidence is sufficient to prove defendant a principal

PAGE.

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

600

600

CROSS-EXAMINATION.-See EVIDENCE.

CROSS-REMAINDERS.-See WILLS.

DAMAGES.

what damages are recoverable for removal of sand and
gravel from bank of river.....

113

DEADLY WEAPONS.-See CRIMINAL LAW

section 4 of act of 1881, relating to deadly weapons, is un-
constitutional as not within title of act....

314

DEBTOR AND CREDITOR.

.....

154

proof that deed to member of family is not in fraud of
creditors must be clear and satisfactory.....
relationship of parties may be considered with other evi-
dence as to whether deed is in fraud of creditors...... 154
when creditor's bill may be amended after evidence is in.. 154
when creditor's bill may be amended after remandment to
conform to proof.....

291

the doctrine of marshaling of assets stated...

money in hands of bank collecting a draft cannot be at-
tached by drawee to satisfy debt of drawer..
bank cannot be compelled to resort to depositor's balance
instead of the proceeds of a draft given to secure loan
to depositor...

pledgee taking negotiable paper as security for loan be-
comes holder for value in due course....

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 a decree should not subject homestead property to
complainants' judgment

.....

291

468

468

468

468

468

469

DECREES.-See JUDGMENTS AND DECREES.

DEEDS.

when deeds executed by a testator are admissible in a
will contest

13

bed of stream may be divided and conveyed as other land.. 112

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