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ORDINANCES.-See MUNICIPAL CORPORATIONS.

PARENT AND CHILD.-See DEPENDENCY.
when a father cannot be considered a dependent...

PARKS.

PAGE.

.... 367

when levy for park taxes may be in excess of limit pro-
vided in section I of article 8 of Cities and Villages act.. 419
when devise to city for park purposes is upon condition
precedent.

PAROLE ACT.-See CRIMINAL LAW.

PARTIES.

441

owner of a certificate of title is not a necessary party to
petition to compel registrar to file tax deed....
executor represents all interests in defending a will........... 377

PARTITION.

220

partition by a co-tenant is a matter of right—estoppel—
when giving power of sale does not effect conversion.. 265
equitable rights will be administered in suit at law for par-
tition-when decree dismissing bill to quiet title does not
bar subsequent suit for partition...

.... 337

when widow of a grantee in fee tail has interest subject
to partition

PLATS.

....

meaning or every word, figure and line must be consid-
ered in construing a plat-construction of plat bounded
by a river.....

PLEADING.-See INDICTMENTS.

534

... 113

decision of merits of cause of action or defense upon de-
murrer bars subsequent suit on same facts.....
when laches appears on face of bill a general demurrer
presents the merits of that defense....

94

94

whether declaration states cause of action must be deter-
mined from its language-sufficiency of declaration is
raised by motion in arrest.....

140

when allegation that defendant had elected not to be bound
by the Compensation act is surplusage in an action for
negligence.

140

when declaration in action for negligence does not show
that action is brought under section 29 of the Compen-
sation act

140

PLEADING.-Continued.

PAGE.
.... 154

when bill may be amended after evidence is in......
the allegations of a bill, the proof and the decree must cor-
respond when decree pro confesso should be set aside.. 169
when relief different from that specifically prayed for may
be granted under general prayer................
when the pleadings may be amended after remandment to
make them conform to proof.......

....

169

291

when it is not reversible error to hear cause without re-
quiring replications to plea or answers..

291

a will contest presents a single issue....
whether a bill is multifarious depends upon circumstances
of the particular case........

377

...

565

general rule as to what matters may be joined in one bill—
when bill to set aside will and to enforce trust agree-
ment is not multifarious........

565

POLICE.

amendment of 1913 to section 12 of act of 1903, providing
for fire and police commissioners, is void...

POLICE POWER.

515

subsequent legislatures, in exercise of police power, may
enact laws affecting previous grants to corporations... 307
business of insurance is subject to regulations in exercise
of police power-right to regulate insurance companies.
extends to mutual companies...

POWERS.

307

when giving power of sale does not effect a conversion-
whether will effects a conversion depends upon inten-
tion of testator....

265

general power of sale must be exercised within reason-
able time.....

.. 265

trustee is devised a fee when empowered to convey a fee.. 442

PRACTICE.

44

an appellee may assign cross-errors.
when the circuit courts have special jurisdiction-special
jurisdiction is limited to language of statute-review... 62
the circuit court, although it has no jurisdiction of subject
matter, may transfer cause under Venue act of 1891... 62
Venue act of 1891 applies although court has no jurisdic-
tion of subject matter...
62

when Supreme Court cannot decide a case on merits.... 63
sufficiency of declaration is raised by motion in arrest... 140

PRACTICE.-Continued.

when bill may be amended after evidence is in..
when decree pro confesso should be set aside.....
general motion to quash raises only questions as to sub-
stantial defects in indictment......

PAGE.

154

169

191

question of legality of summons of grand jury cannot be
raised by general motion to quash indictment......... 191
order summoning a special grand jury is not part of rec-
ord of particular case......

when circuit court may permit a certified copy of order
of probate court to be attached to record....
county courts may adopt equitable forms in probate mat-
ters-on appeal to circuit court proceedings are of same
character as in probate court.....

duty of trial court on remandment of a cause by the Ap-
pellate Court

191

228

229

291

..... 291

when the pleadings may be amended after remandment to
make them conform to proof........
technicalities should not be allowed to defeat justice-when
it is not reversible error to hear cause without requir-
ing replications ....

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

291

314

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.....

370

370

when Appellate Court may award writ of mandamus-de-
nial of leave to file petition for a writ of mandamus is
subject to review.....

371

issue in a will contest must be tried by jury.
general rule as to electing on which count the State will
prosecute. ...

377

382

when record in will contest case must be free from error.. 394
question cannot be raised for first timè in reply brief..... 420
Supreme Court cannot determine preponderance of evi-
dence in compensation case...

.....

425

when counsel, on appeal of compensation case, cannot ob-
ject to evidence brought out by his cross-examination... 435
specific items cannot be taxed as costs without statutory
authority. ....

454

when propositions of law are unnecessary...

469

judge should not absent himself from the court room with-
out suspending judicial proceedings....

475

PRACTICE.-Continued.

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

PAGE.

parties cannot defeat the master's fees by filing satisfac-
tion papers

483

484

......

484

494

when personal representative entitled to fee bill for col-
lection of master's fees.....
master's fees may be collected by fee bill within seven years
after judgment although recoverable in separate suit... 484
finding of ultimate facts by Appellate Court in an action
at law is binding upon Supreme Court.......
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 cause will be remanded to Appellate Court to con-
sider proper assignments of error..............
Compensation act permits adjudication of claims with as.
little delay as possible..

...

.....

510

510

510

539

filing of præcipe is beginning of compensation case in the
circuit court ...

.... 539

when circuit court may direct alias writs of certiorari and
scire facias in compensation case.

540

PRESUMPTIONS.

12

when the presumption of undue influence arising from a
fiduciary relation of devisee does not apply......
when it will be presumed will was signed when attested... 71
when court will not presume that the plaintiff and his em-
ployer are bound by Workmen's Compensation act..... 140
defendant's character is presumed to be good until con-
trary is proved-impeachment.........

274

350

when death is presumed to have been accidental........
customer giving order to broker is presumed to authorize
him to transact the business according to custom....... 494

PRINCIPAL AND AGENT.

mere request to close bank does not relieve officer of re-
sponsibility for keeping it open after it is insolvent.... 192
a broker's authority is limited to express instructions and
usages of trade..........

494

customer giving order to broker is presumed to authorize
him to transact the business according to custom....... 494
party dealing with a broker is bound to ascertain extent of
his authority

495

PROBATE.-See ADMINISTRATION; WILLS.

QUO WARRANTO.

the remedy by quo warranto is subject to exercise of judi-
cial discretion

PAGE.

278

when writ of quo warranto to question authority of city
over particular territory may be refused...........

278

RAILROADS.

whether a pedestrian is guilty of contributory negligence
in crossing track of street railway is for the jury...... 475

REAL PROPERTY.-See DEEDS; WILLS.

REGISTRATION OF TITLE.

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

effect of section 94 of act for registering land titles-ap-
peal may be taken from decree dismissing petition un-
der section 94 of act concerning land titles......
holder of tax deed may have same filed without surrender
of outstanding certificate of title......
owner of a certificate of title is not a necessary party to
petition to compel registrar to file tax deed..

RELIGIOUS SOCIETIES.

148

220

.. 220

what evidence is admissible to explain delay in carrying
out condition of devise-a devise to charity should be
given a reasonable construction..

REMEDIES.-See ACTIONS AND DEFENSES.

RES JUDICATA.

220

337

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

94

decision of merits of cause of action or defense upon de-
murrer bars subsequent suit on same facts..........
when decree dismissing bill to quiet title does not bar sub-
sequent suit for partition..

94

337

RIPARIAN RIGHTS.-See WATERS.

ROBBERY.

when evidence of subsequent robbery is admissible in a
murder trial ....

322

defendant need not take active part in crime to be a prin-
cipal if he assents to common design.....

600

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