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INDEX.

ACCESSORIES.-See CRIMINAL LAW.

ACTIONS AND DEFENSES.

PAGE.

when fact of a misjoinder of counts cannot be taken ad-
vantage of ......

52

when failure of consideration may be set up against as-
signee of trust deed......

85

the defense that writ of error is barred by the Statute of
Limitations must be raised by plea.....

238

when equity will restrain threatened trespass-when an in-
junction will issue against commissioner of highways... 278
when intervening cause will not defeat an action for neg-
ligent driving of car.......
defendant's affidavit of merits in a suit on contract for
money due must show nature of defense under his plea.. 416
when defendant's affidavit of merits shows nature of de-
fense and does not state conclusions......

...

359

416

it is not necessary to show fraud to defeat suit for spe-
cific performance

423

a defendant cannot question provisions of statute which do
not apply to his case-misnomer in information must be
pleaded in abatement

449

quo warranto questions only jurisdiction in organizing a
drainage district

584

ADMINISTRATION.

when the estate pur autre vie must be administered as in-
testate personal property.....

401

administrator's petition to carry out deceased's contract to

convey is a statutory proceeding-appeal.....

513

ADMINISTRATORS.-See EXECUTORS.

AGENCY.-See PRINCIPAL AND AGENT.

AMENDMENTS.

amendment of record after term cannot rest in recollec-

PAGE.

tion of judge....

154

when Appellate Court is without jurisdiction to grant leave
to amend record.....

500

APPEALS AND ERRORS.

when it is a question of fact in Appellate Court whether
injured employee was in charge of work.

34

the weight of conflicting evidence is for the jury.
when the verdict of a jury in a criminal case will not be
disturbed. ...

40

80

when Supreme Court has jurisdiction although mechanics'
liens do not exceed $1000......

84

bill of exceptions presents only proceedings not a part of
record-general rule in case of conflict between record
and bill of exceptions....

... 154

....

objection that one juror was not sworn comes too late on
writ of error...
judgment confirming award under Compensation act but
erroneously ordering execution may be modified in the
Supreme Court ....

155

168

what order by Public Utilities Commission is appealable.. 184
matters not properly part of the record cannot be consid-
ered though copied therein by the clerk......
executor who has been removed cannot prosecute a writ of
error-who may prosecute a writ of error......
defense that writ of error is barred by the Statute of Limi-
tations must be raised by plea......

... 206

206

238

when denial of motion to find for defendant presents ques-
tion of law for Supreme Court.....

248

when the Supreme Court will presume that the Appellate

Court considered evidence of title in third person in an

action of replevin...

248

an executor's appeal stays enforcement of order for his
removal. ...

294

mere averment that a constitutional question is involved
does not authorize a direct review of a conviction for
a misdemeanor ....
acts before entry of decree do not release errors-one who
accepts benefits of decree releases errors......
acceptance of legacy after decree dismissing bill to contest
will is a release of errors.....

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on controverted questions of fact in action for negligence
the Supreme Court must assume what evidence for the
plaintiff tends to prove....

359

APPEALS AND ERRORS.-Continued.

when plaintiff in error cannot complain of refusal to give
an instruction-when bill of exceptions is filed in re-
quired time ....

.......

PAGE.

359

364

record need not recite, in terms, that indictment was re-
turned in open court and what officers were present..... 364
when abstract must show all instructions given..
when constitutional question is not involved....
when freehold is not involved in suit between partners in
real estate business....

......

372

374

423

when finding of chancellor in suit for specific performance
will not be reversed......
Supreme Court is bound by finding of trial and Appellate
Courts on question of fact in action for negligence.... 431
when record does not present question of delivery of deeds 443
misnomer in information cannot be raised for first time by
assignment of errors.....

... 449
replication to plea of release of errors admits facts not de-
nied-release of errors must be by party entitled to writ. 454
when compliance with judgment or decree does not operate
as a release of errors....

454

failure to appeal from decree does not constitute release of
errors-injunction.

454

what act of drainage commissioners does not bar right of
county collector to writ of error.....
when former holding by county court in drainage proceed-
ing is not binding upon Supreme Court.....
when Appellate Court is without jurisdiction to grant leave
to amend record.....

... 454

459

500

.... 500

when Supreme Court must affirm judgment of the Appel-
late Court dismissing appeal...
administrator's petition to carry out deceased's contract to
convey is a statutory proceeding-appeal......
513
meaning of the term "in any suit or proceeding at law or
in chancery," in section 8 of Appellate Court act.... 513
party obtaining affirmative relief in equity must preserve
the evidence

.......

543

writ of error in compensation case may be prosecuted un-
der act in force when final judgment was rendered...... 562

ATTORNEYS AT LAW.

offensive conduct toward judges cannot be permitted-
an attorney will be disbarred for attempting to bring
court into disrepute.

AUTOMOBILES.-See MOTOR VEHICLES.

55

BAILMENTS.

when liability for loss is that of a carrier and not of a
warehouseman

BANKRUPTCY.

bankruptcy of original contractors does not defeat liens
of sub-contractors.

BILLS OF EXCEPTIONS.

PAGE.

bill of exceptions presents only proceedings not a part of
record-general rule in case of conflict between record
and bill of exceptions....

149

84

154

when bill of exceptions is filed within required time....... 359

BRIDGES. See TAXES; HIGHWAYS.

BURDEN OF PROOF.

burden is on plaintiff in action of replevin to prove right
to property....

248

burden is on complainants to establish invalidity of deed.. 319
when burden is on donee occupying fiduciary relation to
prove mental capacity of donor.....

377

burden is on claimant under Compensation act to show in-
jury was accidental......

555

burden is on defendants in will contest case to prove attes-
tation in presence of testatrix....

609

CARRIERS.-See RAILROADS.

bill of lading is construed most strongly against the car-
rier-when liability for loss is that of a carrier and not
of a warehouseman..

149

CEMETERIES.

proceedings for condemnation for a cemetery must come
under Eminent Domain act......

CITIES. See MUNICIPAL CORPORATIONS.

CONDEMNATION.-See EMINENT DOMAIN.

CONFLICT OF LAWS.

omitted taxes of deceased owner of property are due at the
place where he resided......

201

191

CONSPIRACY.

what is sufficient to sustain charge of conspiracy to steal
automobiles. ...

when error in permitting witness to testify as to his previ-
ous good conduct is not prejudicial.....

PAGE.

74

74

the actions of one conspirator in furtherance of conspiracy
may be proved against the others....

74

when witnesses may testify to contents of letter written by
a defendant

74

CONSTITUTIONAL LAW.

due process of law is complied with by public hearing be-
fore authorities in charge of drainage assessment....
amendment of 1915 to section 37 of the Levee act is not
unconstitutional. ...

the Search and Seizure act is not invalid as giving prefer-
ence to religious denominations-due process of law re-
quires notice ....

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when judgment in summary hearing is not binding-when
property may be destroyed without judicial proceeding.. 121
provision of the Search and Seizure act for destruction of
property is invalid ...

presumptions are in favor of validity of statute.....
legislature has power to make Compensation act applicable
without election by employer.....

Compensation act does not deny constitutional right to jury
trial-Compensation act is not invalid in creating liabil-
ity without fault.....

121

167

168

Compensation act does not delegate judicial powers to In-
dustrial Commission .....

168

168

168

restriction upon freedom of contract imposed by the Com-
pensation act is authorized by police power............
extent to which courts will review exercise of rate-making
power-when an order of Public Utilities Commission
fixing rates cannot be set aside.......
mere averment that a constitutional question is involved
does not authorize direct review of a conviction for a
misdemeanor. ....

... 209

317
when constitutional question is not involved in appeal.... 372
regulation of speed of motor vehicles is a salutary exercise

of police power-statute creating offense must be certain 449
section 10 of the Motor Vehicle act is not invalid for
uncertainty...

.....

defendant cannot question provisions of statute which do
not apply to his case..

449

449

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