INDEX.

ABDUCTION.

PAGE.

it is not necessary that the taking away be accomplished
by force in contemplation of law a daughter's home is
with her parents......
.... 152
consent or co-operation of abducted female is immaterial. 152
consent of parents to abduction of their daughter is not
material-gist of offense of abduction under section I of
division of the Criminal Code......

it is not essential to the crime of abduction that illicit re-
lations be proved-accused is guilty of abduction though
concubinage was only in contemplation.
religious liberty does not carry with it freedom to violate
the laws of the land.....

ACCOUNTING.

153

... 153

when trustees are liable to account to cestui que trust only
for the price received for land and not for its alleged
subsequent increase in value....

153

221

'ACTIONS AND DEFENSES.

remote grantee of an heir has a right to file a bill to con-
test a will which will destroy his title.....
when failure of remainder-men to assert rights does not
constitute laches nor raise estoppel.....
grantee of life tenant does not hold adversely to remain-
der-men until the life tenant's death... . . . .
rule for determining whether land not actually taken for
elevated railroad is damaged-if such land is enhanced
in value it is not damaged......
when trespass vi et armis is a proper form of action-
when party is not liable for killing supposed burglar.. 164
admissibility of a coroner's verdict in evidence in a civil
action for damages...

II

12

... 13

.... 133

165

ACTIONS AND DEFENSES.—Continued.

doctrine of self-defense is applicable to an act in defense
of habitation-whether circumstances justified a resort
to violence is a question for the jury.....
when question of telegraph company's negligence in not
sending message promptly is for the jury...
writ of mandamus will not be awarded except in a clear
case-wrif will not be awarded to compel the doing of a
useless thing.....

....

mandamus will not issue to compel a city to grant dram-
shop license for an expired quarter..

PAGE.

16.4

238

273

.... 273

....

273

party has no right to writ of mandamus to determine an
abstract constitutional question...
limit of right to appeal from decision of the board of re-
view-when tax-payer's remedy is by injunction...... 316.
when party cannot be said to be guilty of laches in attack-
ing validity of sheriff's deed....
321
when oral agreement is within the Statute of Frauds.... 325
when rights or claims arising under the old law are saved
by the general saving statute though not expressly pre-
served by the new law.....

...

329

extent to which an increase or decrease in value of other
property may be considered in action for damages from
construction and operation of elevated railroad....... 352
a jury is not required to separate its finding of damages
into items-jury's view of premises, in action for dam-
ages to land, is not evidence.....

352

when neither laches, the Statute of Limitations nor the
Statute of Frauds is a defense to a suit to correct the
description in a deed.....

358

purpose of writ of mandamus-such writ confers no new
authority to act and only issues to compel action by the
unwilling

441

a writ of mandamus will not issue where its effect is to
create public disorder and confusion....
Supreme Court cannot compel the Governor to perform a
duty imposed upon him by his office....
Supreme Court has no power to compel State canvassing
board to issue a certificate of election...

441

441

442

when bill to reform a deed sufficiently alleges a mutual
mistake Statute of Frauds is no defense to a bill to re-
form a deed for mistake of fact.....

479

when recovery by physician for services in suit before a
justice of the peace does not bar a suit against him for
damages for malpractice....

... 515

ACTIONS AND DEFENSES.-Continued.

what does not show that defense of malpractice was inter-
posed in suit to recover fees.....

PAGE.

515

526

mere apprehension by stockholder of illegal action by di-
rectors is not ground for injunction......
when proceeding in equity against estate of deceased part-
ner will lie without pursuing a remedy at law......... 564
remedy of holder of unpresented contingent claim against
estate-when liability is contingent......
remedies given by Statute of Frauds to creditors against
heirs and devisees of deceased persons are cumulative
and not exclusive......

565

... 565

when claim against an estate may be enforced against the
legatees of such estate...

ADMINISTRATION.-See EXECUTORS.

ADVERSE POSSESSION.-See POSSESSION.

AFFIDAVITS.

an affidavit of non-residence may state places of residence
upon information and belief......

565

... 49

objection that claim for mechanic's lien was not properly
verified comes too late on appeal.............

ANTE-NUPTIAL CONTRACTS.

when ante-nuptial contract bars all of husband's rights-
when fact that an ante-nuptial contract is not acknowl-
edged is immaterial...........

APPEALS AND ERRORS.

107

404

when alleged error in admitting order of probate court in
evidence in will contest case will not reverse......
when alleged error in overruling motion for continuance
is waived.....

12

24

when giving instruction relating to master's duty to pro-
vide safe place to work is error...

28

when decree setting aside will for unsoundness of mind of
testator must be reversed......

49

when party cannot complain of incompetent evidence.... 92
section 81 of the Practice act, concerning the filing of a
præcipe for portions of record, construed-notice of fil-
ing of præcipe should be given to opposite party....... 193
failure to give notice of filing of præcipe for portions of
record is not ground for dismissing appeal-what should
be done by appellee in such case.....

193

APPEALS AND ERRORS.-Continued.

PAGE.

107

276

objection that claim for mechanic's lien was not properly
verified comes too late on appeal......
party cannot take advantage of error which does not in-
juriously affect his own rights-when party cannot take
advantage of errors respecting unknown owners...... 212
when the Appellate Court must remand to enable party to
make a motion for a new trial.....
what is necessary to give Supreme Court jurisdiction on
ground that a constitutional question is involved—when
constitutional question is not involved......
when the Supreme Court will not assume jurisdiction of
a direct appeal-validity of Attorney's Lien act is not
now a debatable question.....
general rule where a statute on which a suit is based is
repealed pending appeal-when rights are saved by the
general saving statute.............

reversal of judgment for defendants in an action for dam-
ages to land requires remandment of cause.
what is a final judgment-an order setting aside a default
judgment, on motion, to permit a defense to be made is
not a final judgment...

302

302

328

353

365

correct practice where plaintiff desires to question action
allowing motion to set aside default judgment......... 365
object of section 104 of Practice act, concerning certify-
ing questions of law-when statements of fact will not
be expunged from agreement.....

......

374

383

when it is not error to modify an instruction in prosecu-
tion for maintaining a nuisance.....
defendants who testify have a right to have a proper in-
struction given as to weighing their testimony.. .... 383
objection that the act upon which cause is based was not
properly passed cannot be raised on motion to set aside
the verdict or for a new trial......

........

389
when cause must be transferred to Appellate Court...... 389
when admission of a conversation in evidence in a mur-
der trial is not error-when effect of admitting evidence
subsequently stricken out is not prejudicial..
when instructions in murder trial are not erroneous.....
when instruction as to considering evidence of private de-
tective is incorrect......

...

430

430

463

examiner's finding of fact is conclusive upon the Supreme
Court if not excepted to..

when refusal of instruction as to what is not a violation
of Local Option act is not prejudicial...

468

555