INDEX.

ABANDONMENT.

PAGE.

what is necessary to constitute such abandonment of pub-
lic highway as will return property to abutting owner.. 573

ACTIONS AND DEFENSES.

specific performance cannot be demanded as of right.....
who need not be made parties to petition for order on ad-
ministratrix to inventory interest in land.....
lack of means is not sufficient answer to a petition against
administratrix for order to inventory interest of the de-
ceased in land ...

it is never too late to question the jurisdiction of the sub-
ject matter...

12

69

69

332

.... 333

when a cause of action for breach of official bond in taking
an insufficient appeal bond arises......
habeas corpus cannot operate as a writ of error-when
constitutionality of an act cannot be raised in a habeas
corpus proceeding...

... 350

there is a clear distinction between creating a cause of
action and providing a remedy....

563

limit of remedy in State court for cause of action under
Federal act...

...... 563

when Illinois court has no jurisdiction to enforce an action
under Federal Employers' Liability act...

564

ADMINISTRATION.

existence of other interests does not prevent sale of inter-
est in reversion in fee to pay debts of estate......
who need not be made parties to petition for order on ad-
ministratrix to inventory interest in land......
lack of means is not sufficient answer to a petition against
administratrix for order to inventory interest of the de-
ceased in land ......

69

69

69

when unpaid balance of subscription to capital stock can
not be allowed as a claim against subscriber's estate... 590

ADOPTION.

the right of adoption is statutory in its origin—the stat-
ute authorizes the adoption of such children, only, as
are minors...

PAGE.

505

when word "child" ordinarily means a minor-order of
county court ordering adoption of an adult is void..... 505
ADULTERY.

when information charging adultery will not be quashed
although facts stated are inconsistent......
wife of accused is not a competent witness to prove mar-
riage on charge of adultery-when it is not necessary to
prove whether woman is married or single.......
when judgment will not be reversed notwithstanding er-
rors in admission of evidence..

AFFIDAVITS.

346

346

346

when affidavit as to what was said in State's attorney's
closing argument must be accepted by Supreme Court.. 139
when an affidavit as to the use of intoxicating liquor by
the jurors does not show ground for new trial....

AGENCY.-See PRINCIPAL AND AGENT.

ALIBI.

140

proof of collateral offense may be admitted to show accused
was in vicinity when crime charged was committed.... 138
ALTERATION.

fact that parts of will are written in different colored ink
is not evidence of alteration.....

rule as to when evidence of alteration of a will requires
explanation ...

....

438

438
fact of alteration in a written instrument raises no pre-
sumption against its validity-party claiming benefit of
an instrument must explain alteration....

AMENDMENTS.

decree may be amended at any time to correct clerical er-
rors-what amendments of judgment may be made at
subsequent term

439

equity may, on filing of an original bill, correct clerical
error in decree.....

47

48

one seeking to amend judgment or decree must have rights
which are injuriously affected.

48

making divorced wife a party..

when date of a divorce decree may be corrected without

48

ANNEXATION.

PAGE.

what provision of special charter regarding annexation to
city is inoperative after organization under general law. 204
question whether objectors' property has been lawfully an-
nexed is properly raised on an application for judgment
for city taxes....

APPEALS AND ERRORS.

204

102

when judgment awarding writ of mandamus will not be
reversed although it is too late to enforce it as entered.. 58
judgment of Appellate Court reversing judgment of the
lower court and remanding the cause is not final...... 78
when instructions directing a verdict are erroneous.
fact that the evidence is admitted as directed by the Ap-
pellate Court does not preclude review of ruling...... 103
when appellant is not estopped on second appeal to ques-
tion instructions given on a former trial......
when question of error in admitting proof of independent.
crimes is properly raised in Supreme Court......
what is improper argument in brief before Supreme Court. 139
State's attorney's argument need not be taken down in
shorthand to entitle the defendant to object to it in the
Supreme Court ....

103

138

.... 139

when affidavit as to what was said in State's attorney's
closing argument must be accepted by Supreme Court.. 139
when alleged invalidity of statute is not ground for di-
rect appeal .....

177

.....

parties signing stay-bond are estopped from asserting in-
validity of statute under which it is given..................
when section 23 of Municipal Court act, providing man-
ner of delivering stay-bonds, must govern.
stay-bond need not be personally delivered by obligor to
obligee

177

......

177

177

perfected appeal stays further proceedings by the court
rendering judgment appealed from..

181

the court cannot, in its decree, expressly retain jurisdiction
after appeal has been perfected..

... 181

the Appellate Court may issue necessary writs to protect
its appellate jurisdiction....

181

when Supreme Court may look into evidence of adjudi-

cated case in United States court....

193

when a franchise is involved on appeal....

260

when judgment in criminal case will not be reversed.... 305
judgment of the Supreme Court is not void though case is
before it by certiorari instead of appeal.....

332

when a cause of action for breach of official bond in tak-
ing an insufficient appeal bond arises....

333

APPEALS AND ERRORS.—Continued.

PAGE.

when fact that judgment exceeds the amount of damages
stated in the summons cannot be availed of........... 333
acceptance of benefits under a decree operates as a release
of errors when acceptance of part of amount decreed
precludes writ of error...

when judgment will not be reversed notwithstanding er-
rors in admission of evidence.....
habeas corpus cannot operate as a writ of error-when
constitutionality of an act cannot be raised in a habeas
corpus proceeding...

...

342

346

350

353

no freehold is involved in bill to remove a judgment lien-
freehold not involved in pleadings where defendants ad-
mit complainant has title.....
when judgment will not be reversed although there is error 364
when action of county court in obeying mandate of the
Supreme Court cannot be reviewed.....

...

407

the right to raise constitutional objection to judgment is
waived by suing out writ of error from Appellate Court. 413
the Supreme Court cannot interfere in a proceeding under
the Workmen's Compensation act where the decision of
the Industrial Board is based on credible testimony.... 454
appellant will not be prejudiced by failure of judge to sign
bill of exceptions within required time....
signature of the judge to bill of exceptions authorizes the
bill to be filed......
when a freehold is not involved in controversy over con-
tract for sale of land.....
when abuse of discretionary duties by trial judge in crimi-
nal case will reverse...

APPROPRIATIONS.

....

490

490

621

.. 630

an ordinance setting apart a certain fund out of the gen-
eral resources for a particular purpose is an appropria-
tion ordinance

172

ASSAULT.

assaulted party may, testify that he heard the accused was
going to kill him.......

157

what evidence of threats cannot be admitted on trial for
assault with intent to commit murder......

157

• BASE FEES.

a devise will remain a base or determinable fee until the
condition happens which makes it a fee simple......
the executory devisees cannot, by grant of their interest,
change a base fee into a fee simple....

478

478