when custom in business cannot be proved....
weight of conflicting evidence is for the jury-evidence
as to why prosecutrix employed an attorney is not ad-
missible in rape case..........
hotel clerk may testify in rape case that prosecutrix made
complaint to him
when error in permitting witness to testify as to his previ-
ous good conduct is not prejudicial......
actions of one conspirator in furtherance of a conspiracy
may be proved against the others.....
when witnesses may testify to contents of letter written
by a defendant
what testimony as to condition of witnesses at preliminary
hearing is improper......
what does not tend to disprove intent to rob....
when letter-heads used by an agent are admissible to show
extent of his authority......
fact of agency and extent of authority may be proved by
parol or circumstantial evidence.....
when evidence of property in third person in action of re-
plevin amounts to plea......
evidence determines issues in fourth-class action under
Municipal Court act....
a deputy sheriff should not testify that defendant “admit-
ted" certain things ....
defendant's statement that he had planned to commit an-
other crime is not admissible......
what circumstantial evidence of undue influence will in-
validate will .....
proof of undue influence in other transactions is immate-
rial in will contest......
what newly discovered evidence is not ground for a new
trial to contest will.....
burden is on complainants to establish invalidity of deed.. 319
venue may be proved by circumstantial evidence-when
weapons taken from the defendants' automobile are ad-
missible.
when burden is on donee occupying fiduciary relation to
prove mental capacity of donor.....
opinion of a non-expert witness on mental capacity of the
grantor must be based on facts.....
when attempt to impeach witness by reference to testimony
at inquest should be allowed....
when court may refuse to admit in evidence employee's
application for employment in action for negligence.... 431
when it is not error to overrule motion to continue because
of prejudicial evidence which was stricken......
burden is on claimant under Compensation act to show in-
jury was accidental ......
when error in admitting coroner's verdict in compensation
case is not prejudicial..
evidence of oral contract to convey must be convincing to
justify specific performance....
fact that injury to deceased employee arose out of and in
course of employment need not be established by direct
evidence in compensation case....
when husband of owner of premises may testify in a pro-
ceeding under section 10 of Dram-shop act...
burden is on defendants in will contest case to prove at-
testation in presence of testatrix......
wife cannot testify in compensation case as to husband's
statement as to cause of injury resulting in his death... 616
EXECUTORS AND ADMINISTRATORS.
statute for assessment of property does not regard admin-
istrator as the "owner" of property omitted from assess-
ment in lifetime of his intestate....
executor who has been removed cannot prosecute a writ
of error .....
an executor's appeal stays enforcement of an order for
his removal .........
administrator's petition to carry out deceased's contract to
convey is a statutory proceeding-appeal.....
definition of words "wage," "salary" and "earnings"-the
word "earnings" ordinarily does not mean net earnings.. 408
section 243 of Revenue act and section 21 of Fees and Sal-
aries act should be construed together.....
section 243 of Revenue act, as amended in 1917, did not re-
peal section 21 of Fees and Salaries act.
FIDUCIARY RELATIONS.-See DEEDS; WILLS.
People v. Gordon, 194 Ill. 560, and People v. Kane, 288 id.
235, followed, as to what is not treatment by mental or
spiritual means
Garrity v. People, 70 Ill. 83, and Turley v. People, 188 id.
628, distinguished, as to when verdict need not include
finding as to intent...
FORMER CASES.-Continued.
People v. Doras, 290 Ill. 188, followed, as to when defend-
ants are not entitled to have term of imprisonment fixed
by the jury
Ayres v. City of Chicago, 239 Ill. 237, and People v. Sar-
gent, 254 id. 514, distinguished, in holding traffic ordi-
nance not in violation of Motor Vehicle act of 1917.... 188
Peterson v. Manhattan Life Ins. Co. 244 Ill. 329, adhered
to; contrary expression in People v. Evans, 262 id. 235,
following International Bank v. Jenkins, 104 id. 143,
overruled, as to how defense that writ of error is barred
by Statute of Limitations must be raised......
Ward v. Ward, 134 Ill. 417, distinguished, as to whether
acceptance of legacy after decree dismissing bill to con-
test will is a release of errors....
Elmore v. Carter, 289 Ill. 560, distinguished, as to effect
of accepting beneficial provision of will....
Wells Bros. Co. v. Industrial Com. 285 Ill. 647, distin-
guished, as to whether same injury warrants compensa-
tion for disfigurement and loss of earning capacity.... 355
People v. Dennis, 246 Ill. 559, followed, as to whether rec-
ord must recite that the indictment was returned into
open court
Chicago and Alton R. R. Co. v. Industrial Com. 288 Ill.
603, followed, as to compensation for injury to watch-
man at crossing used by interstate trains....
O'Connor v. Board of Education, 288 Ill. 240, distin-
guished, in holding only one proposition is presented to
voter at election to adopt Detention Home act......... 503
Stevenson v. Stevenson, 285 Ill. 486, distinguished, as to
when a will will be given effect notwithstanding mis-
description.
Kolmer v. Miles, 270 Ill. 20, distinguished, as to when de-
vise over after devise to donee and heirs of her body
is indestructible
Shea v. Sweitzer, 285 Ill. 465, followed, as to whether posi-
tion in county hospital filled by appointment is a consti-
tutional office
Helliwell v. Sweitzer, 278 Ill. 248, followed, in holding the
County Pension Fund act of 1915 does not violate prop-
erty rights
People v. Doras, 290 Ill. 188, and People v. Connors, 291
id. 614, followed, as to when Parole law applies......
People v. Doras, 290 Ill. 188, followed, in holding Parole
law does not violate rights guaranteed by Federal or
State constitution
when judge of election is guilty of fraud under section 86
of Election law ....
mere fact of over-valuation for taxation will not estab-
lish fraud ....
when suspension of rule by the board of equalization is
not fraudulent .....
it is not necessary to show fraud to defeat suit for spe-
cific performance
when frechold is not involved in a suit between partners
in real estate business.....
GAS COMPANIES.-See PUBLIC UTILITIES.
HIGHWAYS.-See TAXES.
when an injunction will issue against the commissioner of
highways....
regulation of speed of motor vehicles is a salutary exer-
cise of police power....
section 10 of Motor Vehicle act not invalid for uncertainty 449
HOMESTEAD.
when a deed from a wife to husband does not convey a
homestead. ..
a homestead becomes a life estate after assignment-when
words in description may be rejected as surplusage..... 490
when possession of grantees of mortgagee of homestead
becomes adverse to remainder-men..
when a deed from a wife to husband does not convey a
homestead.....
deceased partner's will cannot deprive widow of her rights
in his estate-when widow renouncing deceased part-
ner's will must give up insurance money...
when husband of owner of premises may testify in a pro-
ceeding under section 10 of Dram-shop act.....
wife cannot testify in compensation case as to husband's
statement as to cause of injury resulting in his death.... 616
word "child" in a statute, deed or will means legitimate
child unless a contrary intention is manifested......... 334
the Compensation act of 1915 does not protect illegitimate
children of deceased employee....
when an indictment sufficiently alleges existence of elec-
tion district ....
allegation as to qualification of candidates is immaterial in
indictment against election judge......
what is a sufficient showing as to organization of court—
when fact of misjoinder of counts cannot be taken ad-
vantage of ......
in absence of a motion the court is not obliged to require
State to elect.......
ultimate facts must be alleged and proved...
when an information charging violation of Medical Prac-
tice act is sufficient...
misnomer in information must be pleaded in abatement... 449
when transfers are within the Inheritance Tax act-when
transfer of life estates is taxable.....
motion to. dissolve temporary writ admits material allega-
tions of bill ....
when equity will restrain threatened trespass-when an in-
junction will issue against commissioner of highways... 278
obedience to decree enjoining collection of drainage as-
sessment does not operate as a release of errors..
what act of drainage commissioners does not bar right of
county collector to writ of error to review injunction
against collection of assessment...
INJURIES.-See WORKMEN'S COMPENSATION.
when the refusal to give instructions is not ground for
reversal......
instructions not supported by evidence need not be given.. 65
when an error in modifying instruction does no harm to
the defendants ....
when court should not give peremptory instruction that de-
fendant is not bound by act of its agent.... . . .
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