BILLS AND NOTES.-Continued.
a joint warrant of attorney does not authorize confession
of judgment against the surviving maker of a note, even
though the note is joint and several................
561
when judgment by confession on note is properly vacated. 561
due diligence must be shown in order to sustain a bill of re-
view for newly discovered matter........
what will not sustain a bill to review partition decree..... 123
when Appellate Court has no power to dismiss appeal, of
its own motion, for defects in appeal bond.
101
objections to appeal bond are waived by joinder in error.. 101
commercial paper issued by a municipal corporation with-
out statutory authority is void, even in the hands of an
innocent holder for value before maturity..... ....
act of 1865, relative to the issue of refunding bonds by coun-
ties and cities, construed.......
power of a municipal corporation to issue original bonds
does not imply power to issue refunding bonds.... ... 355
when quit-claim deed and bond for re-conveyance do not
amount to a mortgage......
what will not work forfeiture of bond for deed....
when obligor in bond for deed is chargeable, on accounting,
with the rent reserved in a lease of the premises........ 398
ordinance passed by Sanitary District of Chicago, provid-
ing for an issue of bonds, the proceeds to be used for
"corporate purposes," is sufficiently definite.......
eleventh issue of bonds by the Sanitary District of Chicago
is within its limit of indebtedness....
purchaser of bonds is a necessary party to a bill to cancel
the bonds and have the sale declared fraudulent....
when bill to enjoin suit on appeal bond will not lie...................
BRIDGES.-See ROADS AND BRIDGES.
contractor may declare in indebitatus assumpsit upon a build-
ing contract which is fully performed..
when contractor may sue on common counts though he has
not obtained the architect's certificate
provisions of building contract respecting the architect's
certificates, written orders for alterations, etc., may be
waived by the parties
BUILDING SOCIETIES.-See LOAN ASSOCIATIONS.
BURDEN OF PROOF.
improvement board's recommendation is prima facie evi-
dence that engineer's estimate was made at its date, and
objectors have the burden of showing the contrary.... 104
in quo warranto the burden is on the respondent to prove his
title as pleaded or so much as is traversed...................
contestants in will case have the burden of overcoming the
affirmative testimony of the subscribing witnesses and
the legal presumption in favor of sanity..........
CASES CONTROLLED BY OTHERS.-See FORMER CASES.
Chicago City Railway Co. v. Olis, (ante, p. 514,) controls Cicero
and Proviso Street Railway Co. v. Woodruff....
Arms v. Ayer, (ante, p. 601,) controls Smith v. Ayer.....
Holden v. City of Chicago, 172 Ill. 263, and Lundberg v. City of
Chicago, 183 id. 572, control Hulings v. City of Chicago...... 625
CERTIFICATE OF IMPORTANCE.-See PRACTICE.
discretion of court as to granting change of venue..........
order, entered in vacation, denying petition for change of
venue may be set aside by the court at following term..
right to insist on change of venue because of the prejudice
of the judge is taken away by the substitution of another
judge at the trial.....
CITIES.-See MUNICIPAL CORPORATIONS.
complainant must prove possession if alleged in bill....... 72
allegation of possession at time of filing bill not proved by
evidence of possession by tenant up to within two years
before the bill was filed...
in chancery, allegations not admitted or denied must be
proved.....
COMMERCIAL PAPER.—See BILLS AND NOTES.
CONDEMNATION.-See EMINENT DOMAIN.
condonation of cruelty is avoided where the forgiven party
is subsequently guilty of such conduct as to lead the other
party to believe the offense will be repeated.......... 439
what evidence does not establish that condonation of of-
fense of cruelty was avoided......
a joint warrant of attorney does not authorize confession
of judgment against the surviving maker of note, even
though the note is joint and several.......
when judgment by confession is properly vacated....
it is the duty of courts to so construe statutes as to uphold
their validity, if it can reasonably be done.....
if proper construction of a statute is doubtful, the doubt
should be resolved in favor of its validity....
Fire-escape act of 1897 is not unconstitutional, as delegat-
ing judicial or legislative power to inspector of factories. 601
title to Fire-escape act of 1897 is sufficiently explicit.. ... 601
Fire-escape act of 1897 is not unconstitutional, as being a
local or special law....
of word "unavoidably," as used in a declaration charging
that defendant's engine was "unavoidably run or driven
upon the said track”..
of language of will, as not creating a precatory trust..... 51
of contract to re-pay money advanced and take up cer-
tificate of sale, as being a contract to convey, and not a
mortgage.
of deed to grantees “and their bodily heirs"..
of plea of former adjudication, as being prima facie suffi-
cient in its averments of jurisdiction over person of com-
plainant as an unknown defendant to the former suit.... 314
of the act of 1865, relative to the issue of refunding bonds
by counties and cities, as limited to counties and cities
theretofore indebted......
of the language "contiguous territory, not exceeding two
square miles," as used in section 5 of article 11 of the
City and Village act, concerning village organization... 377
of will, as to power of executors to sell land.......
445
of section 56 of Improvement act of 1897, concerning dis-
missal of assessment proceedings and vacation of judg-
ments, as not applying to judgments rendered before act
took effect......
punctuation of will may be disregarded if the meaning of
the will is thereby rendered more obvious and certain... 541
of will, as to who are beneficiaries thereunder..................... 541
of amendment of 1897 to Eminent Domain act, concerning
petitioner's payment of defendant's costs, as applying to
condemnation suits begun before its adoption........... 579
it is the duty of courts to so construe statutes as to uphold
their validity, if it can reasonably be done..
if proper construction of a statute is doubtful the doubt
should be resolved in favor of its validity..........
of Fire-escape act of 1897, as being constitutional....
of Fire-escape act of 1897, as making it primarily the duty
of the owner of building to erect fire-escapes, regardless
of notice from the inspector of factories
of Appellate Court's finding of facts...
when contempt proceeding is criminal and not remedial... 473
in criminal contempts alleged to have been committed out
of the presence of the court, if the defendant's sworn
answer is sufficient he is entitled to be discharged....... 473
CONTESTED ELECTIONS.-See ELECTIONS.
right to plead in abatement is waived by appearing and
having the cause continued......
affidavit for a continuance upon the ground of absent wit-
ness must show due diligence in issuing subpoena ........ 176
when affidavit for continuance for an absent witness shows
that his testimony is not material.........
CONTRACTS.-See BUILDING CONTRACTS.
when right to insist upon time as of the essence of a con-
tract to re-pay money advanced and take up a certificate
of sale is waived
if the interest of a party in property is expressed in a
written contract, it will be presumed that the actual
and entire interest is so expressed.....
when contract to re-pay money advanced and take up a
certificate of sale is not a mortgage.....
when agreement is not a contract to assign all inventions
"in gross"....
agreement to form a partnership or corporation not void
for want of mutuality because one of the parties contrib-
utes his skill and gifts of invention instead of money.... 138
invention becomes, in equity, the property of the invent-
or's employer, if the inventor has, for a consideration,
contracted to that effect......
a specific performance will not be granted if the enforce-
ment of the contract will work injustice.....
... 138
conversations between husband and wife, in presence of a
third party, with reference to her loaning money to hus-
band's firm, are direct evidence of the contract.... .... 283
when partner's promise to re-pay loan is binding on firm.. 283
Statute of Frauds is no defense to executed contract
evidence of prior conversations is inadmissible to vary,
contradict or modify a written contract..
party cannot, by instruction, limit the purpose for which
excluded evidence was offered so as to render the court's
ruling in excluding it erroneous.......
equity will refuse its aid to either party to a contract to
compromise a criminal offense, except in some cases
where the parties are not in pari delicto.......
what must be shown to justify equity in lending its aid to
the less guilty party to an illegal contract ....
when conveyances made as security for money borrowed to
settle defalcation will be enforced........
if a contract, by its terms, binds the agent, extrinsic evi-
dence is not admissible to show it was intended to bind
the principal......
CONVEYANCES.—See DEEDS; MORTGAGES.
conveyance by debtor to hinder certain creditors will not
be set aside if the creditors secured by such conveyance
were not parties to the fraud.....
when quit-claim deed and bond for re-conveyance do not
amount to a mortgage...
what does not work forfeiture of bond for deed..
when obligor in bond for deed is chargeable, on account-
ing, with rent reserved in lease of premises....
when conveyances made as security for money borrowed
to settle defalcation will be enforced.....
CORPORATIONS.-See MUNICIPAL CORPORATIONS; RAIL-
when loan association is not estopped to deny liability for
deposits made with its secretary and embezzled by him.. 128
when holders of matured stock in an insolvent loan associa-
tion are not entitled to priority as preferred creditors.. 128
agreement to form partnership or corporation not void for
want of mutuality because one party contributes his skill
and gifts of invention instead of money..............
.... 138
license given by ordinance to a telephone company to use
streets becomes a contract after acceptance and user.. 307
effect of filing information in quo warranto against corpo-
ration by its corporate name is to admit the existence
of the corporation......
liability of assignor of stock for unpaid balance to pay the
debts of the corporation....
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