PAGE.

9

... 580

....

....

580

HOMESTEAD.
when question of homestead cannot be injected into oil
lease litigation after remandment, with directions.....
when deed to homestead premises from husband to wife
is void-purpose of allotment of homestead is to fix the
boundaries of the estate....
rule as to valuing property where homestead premises are
worth more than $1000-value is to be determined as
of time of allotment....
when allotment is necessary before homestead estate can
be conveyed separately from fee-if premises are worth
less than $1000 no allotment is necessary.....
after boundaries of homestead estate are fixed the rights
of the parties are not affected by changes in value.... 581
when homestead is to be valued on basis of difference be-
tween value of premises and an encumbrance......... 581
the release of homestead is only operative with respect to
some estate conveyed-when the widow's deed conveys
nothing.....

HUSBAND AND WIFE.

when deed to homestead premises from husband to wife
conveys nothing-the fee in such case descends to hus-
band's heirs subject to widow's rights..

INDICTMENT.

581

581

580

ownership of property embezzled must be alleged with ac-
curacy when averment that owner was the "Ameri-
can Express Company, an association," is not sufficient. 26
when question whether indictment should allege names of
members of association whose property was embezzled
does not arise......

26

.. 386

in drawing indictments attention must be paid to rules of
law which bind courts in determining their sufficiency. 27
confidence game indictment need not set out the various
means resorted to to obtain the victim's money....... 176
defendants may be alleged to be principals in one count
and principal and accessory in another.....
principal and accessory after the fact may be joined in
one count having but one conclusion...
statute providing different punishment for principal and
accessory after the fact does not prevent their being
joined in one count and tried together....
when an indictment for murder is not fatally defective in
failing to use word "unlawfully"-word "feloniously"
includes the element of unlawfulness.

... 386

386

444

PAGE.

INDICTMENT.—Continued.
endorsement "a true bill" may be printed on back of in-
dictment or written with pen by any person-statute is
complied with if foreman signs endorsement.......... 444
when indictment for murder may charge one defendant as
principal and another as an accessory before the fact
in the same count...

INHERITANCE TAX.

the county court in an inheritance tax proceeding by the
People should compel executor and surviving partners
to file the inventories required by law...

INJUNCTION.

603

.. 502

88

equity will not enjoin the breach of a building line re-
striction which has been abandoned or waived......
parties who violate a building line restriction cannot en-
join a greater violation thereof by another party...... 89
when bill should not be dismissed on motion for prelimi-
nary injunction-motion to dismiss the bill for want of
equity is treated as a demurrer...

429

an averment that land in drainage district is classified too
high or too low is a mere conclusion....

429

429

a land owner has a complete remedy at law by appeal if
classification of lands is unfair....
equity will not take jurisdiction to make a new drainage
classification even though the bill alleges that the com-
missioners acted fraudulently from selfish motives.... 429
when injunction against city should be limited to paying
mortgage debt on electric plant from the net income of
the property....

596

when decree cannot be entered against bondholders made
parties by publication, though they defaulted......... 595

INJURIES.-See NEGLIGENCE.

INSANE PERSONS.-See MENTAL CAPACITY.

INSTRUCTIONS.

when instruction that a sale of liquor by the defendant's
agent is a sale by defendant is justified by evidence... 239
when an instruction that testator must know that will dis-
poses of property as he intended is not improper..... 484
jury may be instructed that they may consider provisions
of will itself, with other evidence, in determining ques-
tion of testator's mental capacity.....

484

INSTRUCTIONS.—Continued.

....

it is not necessarily reversible error to refuse to instruct
the jury that verbal declarations of the testator are not
evidence of their truth......
what instructions for defendant in a will case are objec-
tionable-party cannot complain of refusal of instruc-
tion if a more favorable one is given.....
court is not bound to give instructions of its own motion,
either in a civil or criminal case....
party cannot complain that court did not give an instruc-
tion which was not requested.....

...

PAGE.

484

485

... 603

603

when instruction upon subject of malice is not erroneous. 603

INSURANCE.

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

strongly against company-term "insurance company,"
in its restricted sense, does not include benefit societies. 329
the Modern Woodmen of America is not strictly an in-
surance company, within meaning of question whether
applicant had ever been declined by any company..... 329
a question and answer concerning whether applicant had
ever had rheumatism in any form, construed.....
an insurance company cannot insist upon a forfeiture for
a cause within its knowledge, as shown by application. 329
an insurance company may waive responsive answer to
question-what answer is wholly unresponsive........ 330
what is necessary to show a breach of warranty that ap-
plicant for insurance had not been sick...

INTEREST.

when decree in mechanic's lien proceeding may allow in-
terest from date of master's report....

INTOXICATING LIQUORS.-See DRAM-SHOPS.

JUDGMENTS AND DECREES.

329

330

494

68

as distinguished from an appeal, a writ of error brings up
for review all orders or judgments in the cause.....
a final order or decree is essential to an appeal, and no
appeal lies from a mere interlocutory order, such as one
overruling a demurrer to the bill.....
when second mortgagee must redeem under section 18 of
Judgments and Decrees act, and not as decree creditor. 77

... 75

...

PAGE.

77

JUDGMENTS AND DECREES.-Continued.
redemption by creditors-who may redeem under section
20 of Judgments and Decrees act-execution is not nec-
essary if the decree orders a sale of the premises....
a decree creditor cannot redeem under section 20 of the
Judgments and Decrees act unless decree orders a sale
of the premises...
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
a decree in a proceeding to. register title should require
reimbursement to holders of tax deeds before title is
registered....

...

....

.....

77

208

extent to which decree pro confesso is conclusive—a de-
cree must correspond with averments of the bill...... 265
when a decree in specific performance may provide for a
sale of defendant's interest-when decree is erroneous
in ordering clerk to issue execution for any deficiency. 364
the only parties concluded by a decree are adversary par-
ties-a proceeding may become an adversary one as be-
tween co-complainants or co-defendants....
when decree is res judicata between co-complainants as
to question of ownership of stock in corporation...... 402
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....

JUDICIAL SALES.

402

575

344

payment by master in chancery to creditor is a pro tanto
extinguishment of debt-creditor cannot disregard pay-
ment and seek to collect whole debt.....
when remedy by motion to stay execution does not pre-
clude bill charging conspiracy in an execution sale and
praying for an injunction and accounting....
conspiracy in using largely satisfied judgment at its origi-
nal amount to prevent bidding by creditors who might
redeem may be shown by acts of parties......
who are not necessary parties to bill to enjoin sheriff from
paying over redemption money and re-selling property. 345

JURISDICTION.

344

344

what objection to collector's application for judgment and
order of sale is not a jurisdictional one...

121

a publication notice gives jurisdiction of person........ 121
when constitutional question is not involved so as to give
Supreme Court direct appellate jurisdiction.....

200

JURISDICTION.-Continued.

PAGE.

when a freehold is involved in a proceeding by an admin-
istrator to sell lands to pay debts of intestate........ 234
county court has no jurisdiction to decide a question of
the title to land in an action for damages for injury to
the land, arising out of a boundary line dispute....... 545

JURY.

when new trial should be granted in murder case for al-
leged misconduct of one of the jurors.....

LABOR.

....

47

509

legislation limiting number of hours women shall work in
a day is within police power of the State.....
Woman's Ten Hour law of 1909 is a valid police measure,
and not an arbitrary discrimination as between women
in different employments or as between women and men. 509

LANDLORD AND TENANT.-See LEASES.

LEASES.

9

when question of homestead cannot be injected into oil
lease litigation after remandment, with directions.....
an estoppel to vacate a plat may be based upon the mak-
ing of long-term leases-when a deed of vacation and
trust deed may be set aside as cloud upon title of lessees. 148
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
lots and not the portion exclusively used by lessee... 532
rules governing appraisements are not the same as rules
governing arbitrations...

532

532

532

532

party knowing of alleged favoritism of appraiser should
object to him before appraisement is returned...................
when appraisement of leased premises for purpose of fix-
ing amount of rent will not be set aside......
when a lease made by widow under power given by will
does not extend beyond termination of her life estate.. 558
when ninety-nine year lease cannot be reformed in equity
so as to make it convey the fee.....

617

LIENS.-See MECHANICS' LIENS; MORTGAGES.
one knowingly leasing a building for dram-shop consents
that building shall be surety for a judgment recovered
against occupant under section 10 of Dram-shop act... 456