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PAGE.

CRIMINAL LAW.-Continued.

ultimate facts must be alleged and proved-instruction that

every “material fact” need not be proved is not accurate. 283
verdict of guilty of murder is sufficient without words “in

manner and form as charged in the indictment”........ 283
mere averment that a constitutional question is involved

does not authorize a direct review of a conviction for
a misdemeanor

317
venue may be proved by circumstantial evidence—a ver-

dict of guilty of robbery need not fix a definite term
of imprisonment

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 it is

not error to strike words “the court instructs the jury,"
from instructions given

364
when weapons taken from the defendants' automobile are
• admissible.

364
regulation of speed of motor vehicles is a salutary exer-

cise of police power—a statute creating an offense must
be certain

449
section 10 of Motor Vehicle act not invalid for uncertainty. 449
defendant cannot question provisions of statute which do

not apply to his case—misnomer in information must be
pleaded in abatement....

449
when evidence is not sufficient to sustain a conviction for
practicing medicine without license....

535
the Parole law applies though minimum term is one year
or less .....

577
indeterminate sentence is for maximum term fixed by law.. 614
legislature has power to fix punishment for a crime-the

Parole law does not violate constitutional rights....... 614

CROSS-EXAMINATION.-See EVIDENCE.

DEBTOR AND CREDITOR.

lump sum award in Compensation act is not intended for
benefit of creditors of beneficiaries..

561

DECREES.-See JUDGMENTS AND DECREES.

DEEDS.

when transfers are within the Inheritance Tax act—when
transfer of life estates is taxable....

142
old age and disease do not necessarily incapacitate grantor

to execute a deed—what will invalidate deed..... 319
... 439
when a deed given for support of grantor will not be set

PAGE.

DEEDS.-Continued.

fact that third party suggests making deed does not affect

its validity-burden is on complainants to establish in-
validity of deed .....

.... 319
rule in Shelley's case is applied as a rule of law and not of
construction-when rule in Shelley's case applies......

340
what is a reservation in a deed—conveyance of present es-

tate to heirs of living person is void—when the word
"heirs" is a word of limitation....

340
to what extent intention of grantor may be considered in

determining the application of rule in Shelley's case.... 341
when quit-claim deeds by contingent remainder-men do not
convey their interests...

341
when a contingent remainder may be transferred-inter-

est conveyed by a deed must be in existence at the time
of delivery ...

341
when burden is on donee occupying fiduciary relation to

prove mental capacity of donor—when housekeeper oc.
cupies fiduciary relation to grantor.....

... 377
opinion of a non-expert witness on mental capacity must
be based on facts—when former decree in partition suit
is binding in suit to set aside deed......

... 377
what constitutes complete delivery of a deed in escrow-
when deeds are not testamentary in character...

400
difference between an exception and a reservation in deed. 400
effect of a provision that deeds shall not take effect during
lifetime of grantor and his wife.....

400
statutes of descent do not change character of an estate as
fixed by common law.....

400
estate pur autre vie is not an estate of inheritance and wife
has no dower therein.....

400
common law rule as to disposition of estate pur autre vie

before death of cestui que vie is not recognized......
when estate pur autre vie must be administered as intestate

personal property .....
general rule as to when equity will set aside deed given for
support of grantor

aside-equity will not set aside deed executed in moment
of indiscretion

... 439
when a deed from a wife to husband does not convey a
homestead ..

439
what undue influence is necessary to render a deed in-

valid-influence secured through affection will not in-
validate deed .....

443
when record does not present question of delivery of deeds. 443

401

401

DEEDS.—Continued.

PAGE.
Statute of Limitations does not run against remainder-
man or reversioner until after life estate....

490
when possession of grantees of mortgagee of homestead
becomes adverse to remainder-men....

491
administrator's petition to carry out deceased's contract to
convey is a statutory proceeding-appeal....

513

DEFENSES.-See ACTIONS AND DEFENSES.

DELIVERY.-See DEEDS.

DEPENDENCY.

who is a dependent-dependency is a question of fact.... 314

DESCENT.

statutes of descent do not change character of an estate as
fixed by common law..

400
estate pur autre vie is not an estate of inheritance...

400
common law rule as to disposition of estate pur autre vie

before death of cestui que vie is not recognized... ....... 401
when estate pur autre vie must be administered as intes-
tate personal property....

401

DESCRIPTION.

when words in description setting off homestead may be
rejected as surplusage.....

490
when a will will be given effect as testator intended not-

withstanding misdescription

516

DISBARMENT.

offensive conduct toward judges cannot be permitted-

an attorney will be disbarred for attempting to bring
court into disrepute

55

DOWER.

estate pur autre vie is not an estate of inheritance and wife
has no dower therein....

400

DRAINAGE.

amendment of 1915 to section 37 of Levee act authorizes

an assessment for obligations already incurred. ....... 68
due process of law is complied with by public hearing be-
fore authorities in charge of assessment....

68
amendment of 1915 to section 37 of the Levee act is not
unconstitutional ...

68

PAGE.

DRAINAGE.—Continued.

when procedure under sections 60 and 61 of the Levee act
is unavailing ...

165
what act of commissioners does not bar right of county
collector to writ of error....

454
what is a natural water-course—what does not justify an-
nexation of land to drainage district....

459
court's view of land is not, alone, sufficient to justify find-
ing that water-course is artificial......

... 459
tract to be annexed as a unit to drainage district is not
limited to ten acres under Levee act.....

459
when former holding by county court is not binding upon
Supreme Court ..

459
effect of striking objections from the files—one land owner

cannot object that property of another is misdescribed
in notice ...

528
what determines whether one land owner is assessed more

than his proportionate share..
court cannot make assessment payable as of a date prior

to confirmation
when commissioners may improve ditches constructed by

land owners- —what is original work and what is repair
work on a ditch......

.. 537
certificate of levy for repairs and for original work should
state amount required for each purpose...

537
tax-payer is entitled to know purpose and amount of tax. 537
quo warranto questions only jurisdiction in organizing dis-

trict-record of organization of district must show re-
quirements of statute......

584
land owners who file objections to petition and participate
in hearing waive objections to notice..

584
petition need not contain every matter of detail in descrip-

tion of the proposed district—when description of lateral
drains is sufficient...

584

528

528

DRAM-SHOPS.

section 10 of the Dram-shop act is not unconstitutional-

equity has jurisdiction to enforce lien under section 10
of Dram-shop act.....

595
when husband of owner of premises may testify in a pro-

ceeding under section 10 of Dram-shop act...... 595
when allegations of bill to enforce a lien under section 10
of Dram-shop act are sufficient...

595
provisions of section 10 of the Dram-shop act are included
in title ...

.... 595

PAGE.

EASEMENTS.

what is a natural water-course.

459

II

II

II

ELECTIONS.

when indictment against election judge sufficiently alleges

existence of election district.....
allegation as to qualification of candidates is immaterial in

indictment against election judge.....
when judge of election is guilty of fraud under section 86

of Election law ....
ballots are admissible in evidence in prosecution of judge

of election—what remark by accused before commission

of alleged offense is admissible......
when defendant cannot show that election was illegal-

when proof that ballots were legally cast is not essential

to conviction of election judge.....
only one proposition is presented to the voter at an elec-
tion for adoption of Detention Home act.....

503

I2

I2

EMINENT DOMAIN.

the time fixed for paying compensation cannot be changed

after its expiration
proceedings for condemnation for a cemetery must come

under Eminent Domain act..

201

201

EMPLOYMENT-See WORKMEN'S COMPENSATION.

EQUITY.

basis for equitable relief on ground of part performance.. 107
equity will not enforce contract entered into through mis-
apprehension of one of the parties....

267
when equity will restrain threatened trespass..

278
general rule as to when equity will set aside deed given

for support of grantor-equity will not set aside deed
executed in moment of indiscretion.....

439
party obtaining affirmative relief in equity must preserve
the evidence...

543
equity has jurisdiction to enforce lien under section 10 of
Dram-shop act

... 595

EVIDENCE.

ballots are admissible in evidence in prosecution of judge

of election—what remark by accused before commission

of alleged offense is admissible.......
when proof that ballots were legally cast is not essential to

conviction of election judge...

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