ASSOCIATIONS.

PAGE.

a private joint stock company not organized under any
statute is merely a partnership-the word "association"
does not necessarily mean a joint stock company..... 26
when averment that property embezzled is the property

26

274

of the "American Express Company, an association,” is
not a sufficient averment of ownership.....
while voluntary associations are ordinarily treated as
partnerships, yet courts will endeavor to give effect to
articles of association as far as possible......
association may have transferable shares, and the transfer-
ability of shares makes the association different from
partnership as to what will work a dissolution........ 274
articles of association cannot be canceled contrary to its
terms at the pleasure of any member....
effect of making shares of stock transferable........
when agreement between association and a corporation is
not contrary to public policy, as enabling the corpora-
tion to do indirectly what it could not do directly...... 275

ASSUMPSIT.

274

274

right of a contractor on unfinished township high school
building to recover for loss of profits when township
high school district is discontinued by vote of people.. 470

ATTORNEYS AT LAW.

a duly authorized agent and solicitor may file petition, un-
der section 19 of Chancery act, to open decree, and it
is not essential that petitioners shall appear personally. 95
attorney has no right to appropriate client's money, even
temporarily fact that client recovers judgment against
attorney for the money does not prevent disbarment... 393

BALLOTS.

ballots are best evidence of result of election if they have
been properly preserved-rule where evidence discred-
its ballots and returns-when returns are best evidence. 129

BANKS.

capacity of national bank to purchase land on foreclosure
can be questioned only by the Federal government.... 77

BENEFIT SOCIETIES.

when payment of assessments after member's death does
not revive the certificates-when question of waiver of
payment is settled by judgment of Appellate Court.... 202

BENEFIT SOCIETIES.-Continued.

term "insurance company," in its restricted sense, does
not include fraternal beneficiary societies......
Modern Woodmen of America is not strictly an insurance
company within meaning of question whether applicant
had ever been declined by any company...

BILLS OF EXCEPTIONS.

improper acts of parties litigant in open court can only be
shown by bill of exceptions....

BOARDS OF EDUCATION.-See SCHOOLS.

BUILDING CONTRACTS.

a contractor is entitled to mechanic's lien if he substan-
tially performs his contract-he is not responsible for
defects in architect's plans and specifications...
contract construed as not requiring contractor to improve
upon plans and specifications of heating system, so as
to make it a mechanically perfect system....

BUILDING LINES.

PAGE.

329

329

239

494

494

equity will not enjoin the breach of a building line re-
striction which has been abandoned or waived-what
contitutes a breach of a building line restriction...... 88
parties who violate a building line restriction cannot en-
join a greater violation thereof by another party..... 89

CASES CONTROLLED BY OTHERS.

Ritchie & Co. v. Wayman, (ante, p. 509,) controls case of
People v. Bowes-Allegretti Co...

CHANCERY.-See EQUITY.

CITIES.-See MUNICIPAL CORPORATIONS.

CLOUD ON TITLE.

557

estoppel to vacate a plat may be based upon the making
of long-term leases-when deed of vacation and trust
deed may be set aside as a cloud upon title of lessees.. 148
finding in decree canceling tax deed that complainant "is
the owner" of the premises is a finding of fact-what
findings in decree are sufficient to sustain it.... ... 575
what must appear in affidavit made under section 36 of
the Conveyances act.....

627

CLOUD ON TITLE.-Continued.

what must be shown in affidavit to lay foundation for ad-
mission of abstract of title in evidence under section 24
of the Records act......

CONFIDENCE GAME.

PAGE.

627

what constitutes confidence game-indictment need not
set out means resorted to to obtain victim's money.... 176
proof of an uncompleted attempt to obtain money from
another person is competent upon question of intent... 176
prosecuting witness may testify that he relied upon the
false statements made by the defendant...........

CONSIDERATION.

...

when agreement by city in track elevation ordinance is not
without consideration-when city may agree to release
damages as consideration for track elevation...
marriage is good consideration for a conveyance.

CONSPIRACY.

176

221

297

conspiracy to prevent creditors from redeeming by using
largely satisfied judgment at its original amount in sell-
ing on execution may be shown by acts of parties..... 344

CONSTITUTIONAL LAW.

221

when release of damages by city in track elevation ordi-
nance is not a donation to railroad company, such as is
forbidden by separate section 2 of constitution......
section 8 of article 8 of the constitution does not confer
power on county boards to levy taxes-a county can
only levy taxes when so authorized by legislature..... 317
amendment of 1909 to act relating to reduction of tax rate
by county clerk does not violate section 8 of article 9
of constitution, nor is it special legislation..
what does not render a law regulating county or township
affairs a local or special law.....

317

... 317

....

317

318

a classification of municipalities by population does not
necessarily render an act local or special...... . ...
issuing of tax anticipation warrants by municipal corpo-
ration is not an incurring of indebtedness...
the amendment of 1909, relating to reduction of tax rate,
does not purport to violate obligation of contracts.... 318
a limit upon amount of taxes to be raised may be applied
by legislature to all corporate authorities in aggregate. 318
amendment of 1909, relating to reduction of tax rate, is
not an unlawful delegation of taxing power..

318

CONSTITUTIONAL LAW.—Continued.

PAGE.

when law is not void, as impairing obligation of contract. 318
legislature may prohibit or regulate traffic in intoxicating

liquor-section 10 of Dram-shop act does not take prop-
erty of owner of building without due process of law.. 456
property rights may be regulated under the police power
of the State-legislation limiting the number of hours
women shall work in a day is within police power.... 509
Woman's Ten Hour law of 1909 is a valid police measure,
and not arbitrary discrimination as between women in
different employments or as between women and men. 509
classification of municipalities used in the Revenue law
amendment of 1909 is valid-such amendment does not
improperly delegate taxing power......
551
the amendment of 1909 does not give rise to different tax
rates in different parts of same school district...... 551
what is a mere device by city to evade constitutional pro-
vision against incurring indebtedness......
when municipal corporation does not create indebtedness
by purchasing electric plant..

CONSTRUCTION.

.....

596

.. 596

40

of general Election law and County Seat Election law, as
requiring suit to contest a county seat election to be
brought within thirty days after result is determined..
of amendment to section 16 of Levee act in 1909, as su-
perseding the old law in cases where appeals had not
been perfected or writs of error sued out.....
of amendment of 1909 to Levee act, as removing the dis-
qualification of land owners to act as commissioners.. 115
of words "die without issue," used in a will, as meaning
die without having had issue....

....

68

138

317

329

of amendment of 1909, relating to reduction of tax rate by
county clerks, as not being unconstitutional. . . . . . . . .
of questions and answers in application for life insurance,
as not showing ground for forfeiture....
the general meaning of the words "doing business" or
"transacting business," as used with reference to for-
eign corporations..

354

of section 1 of the act concerning foreign corporations.. 354
of section 10 of Dram-shop act, as being valid..
rules applicable to construction of contracts apply to con-
struction of leases-preliminary negotiations may be
considered in construing language of lease..
term "demised premises" construed as meaning the entire
premises and not the portion exclusively used by lessee. 532

... 456

532

CONSTRUCTION.-Continued.

when devisees take a life estate under section 6 of the
Conveyances act-a complete sentence in a will must be
construed as such.....

CONTESTED ELECTIONS.-See ELECTIONS.

CONTRACTS.-See BUILDING CONTRACTS.

PAGE.

623

misnomer of corporation in contract of guaranty not fatal. 184
when contract of guaranty is continuing one-when evi-
dence tending to show counter-claim is not admissible
in action on contract of guaranty......
184
when verbal contract to convey should be specifically en-
forced-when exclusive possession of land is not essen-
tial to take verbal contract out of Statute of Frauds.. 214
when declarations of a land owner are not admissible to
show that verbal contract to convey was not made... 214
when agreement between association and a corporation is
not contrary to public policy, as enabling a corporation
to do indirectly what it could not do directly......... 275
doubtful language of application for insurance is inter-
preted most strongly against the company.

329
an insurance company cannot insist upon forfeiture for a
cause within its knowledge, as shown by application.. 329
party who contracts for a good title of record will not be
compelled to accept title depending upon the Statute of
Limitations, though it is a good title...

... 363

363

a proposed purchaser cannot rightfully object to title be-
cause it may possibly prove defective.....
what should be shown in abstract of title-when obliga-
tion to furnish abstract showing good title is fulfilled.. 363
presumption is against validity of contract if fiduciary re-
lation is shown-burden of proof-actual fraud not nec-
essary to invalidate contract if fiduciary relation exists. 413
right of a contractor on unfinished township high school
building to recover for loss of profits when township
high school district is discontinued by vote of people.. 470
what contract by city is a mere device to evade constitu-
tional provision against incurring indebtedness......
contract for street lighting is extinguished by city's pur-
chase of the plant....

596

597

CORPORATIONS.-See MUNICIPAL CORPORATIONS.
misnomer of corporation in contract of guaranty is not
fatal-when amendment giving correct name of corpo-
ration plaintiff in suit on contract of guaranty proper. 184