CONSTITUTIONAL LAW.-Continued.
urder the general law of contracts a misrepresentation
does not give rise to a criminal liability.....
parol executory contract is not within the criminal stat-
ute concerning false pretenses...
law should treat alike men engaged in ordinary business
transactions-discrimination.
act of 1899, prohibiting deception, false advertising and
misrepresentation in employing workmen, is invalid... 508
the police power does not authorize arbitrary discrimina-
tion in legislation...
act of 1899, to prohibit deception in employing workmen,
is not sustainable as a police measure......
it is no objection that title of act is more comprehensive
than the act itself-Parole law is not invalid because
title does not mention crimes excepted......
what is meant by "legislative power"-legislature may
authorize boards created by it to formulate rules...... 532
the Parole law does not delegate legislative power to the
board of pardons in violation of constitution.......... 532
the act of 1909, authorizing sale of Kaskaskia commons,
is valid....
constitution does not prohibit all special legislation con-
cerning schools but is restricted to subject of the man-
agement of schools....
the act of 1909, authorizing sale of Kaskaskia commons,
is not invalid as prohibited special legislation........ 579
legislature may prescribe rules governing transactions of
municipal corporations different from those which gov-
ern the transactions of individuals.....
act requiring notice to city of personal injury is not in-
valid because it applies to injury to servant of city.... 597
section 2 of the act requiring notice to city of personal
injury is within the title of the act....
of section 6 of Mobs and Riots act, authorizing Governor
to remove sheriff, as being valid--vacancy occurs when
Governor's removal proclamation is issued..
of will, as to when the daughters are vested with the fee
upon the father's death-word "or" may be construed
to mean "and"....
section 2 of Statute of Descent must be construed with
section I-purpose of statute allowing illegitimate chil-
dren to inherit from their mother....
of provision of Revenue act of 1909 exempting "property
of schools," as invalid-of provision exempting property
used for school and religious purposes, as valid...... 132
of the Revenue act of 1909, exempting property from taxa-
tion, as not having retrospective operation.....
effect of amendment of statute by a subsequent act-doc-
trine of ejusdem generis is applied only as an aid in as-
certaining the legislative intent.....
sections 97 and 98 of Election law should be construed
together-county court has jurisdiction to hear contest
of election of park district trustees....
section 98 of Election law applies to officers of a munici-
pal or quasi municipal corporation..
of State Reformatory act, as not being invalid because it
does not provide for an allowance of good time nor be-
cause it applies only to male offenders.....
it is not to be assumed, in construing a statute, that the
legislature intended to exceed its authority.
the act of 1907, relating to safety of persons in and about
buildings being constructed, is not invalid...
the act of 1907 applies alike to buildings being constructed
and to those being repaired or altered-the purpose of
section 7, requiring barriers around floor openings.... 211
of section 17 of Roads and Bridges act, as not compelling
land owner to accept town orders instead of money for
land taken for opening road.............
of provision of Mechanic's Lien act authorizing personal
decree where lien is not established, as being invalid.. 395
section 6 of the Conveyance act does not apply where
first taker has a life estate, only-technical words are
presumed to be used technically.....
deed construed as creating contingent remainder-proper
construction of section 6 of Conveyance act.......... 407
of act of 1909, prohibiting bill-boards or other advertis-
ing structures near parks and boulevards, as being in-
valid, as an arbitrary interference with private rights. 436
the rule where description of land applies to two tracts-a
deed having two descriptions should be construed most
strongly against grantor-description construed....... 487
of the act of 1899, prohibiting deception, false advertising
and misrepresentation in employing workmen, as being
invalid......
... 508
law does not favor repeal by implication-section 57 of
Municipal Court act has not repealed the various laws
concerning disposition of fines and penalties...
CONSTRUCTION.-Continued.
of residuary clause of will, as limiting previous devise of
fee simple to a life estate.
of section 57 of Municipal Court act, as not affecting lien
of State's attorney for fees.....
of section 13 of division 14 of the Criminal Code, as not
authorizing judgment for costs against State in case of
an unsuccessful prosecution of criminal case.... ... 554
of provision of section 48 of the Local Improvement act
concerning waiver of further controversy, as to when it
does not apply.....
effect of act of 1909, authorizing sale of Kaskaskia com-
mons-such act is constitutional.....
the rule in interpretation of statutes-construction is pre-
ferred which will sustain constitutionality of the act.. 596
the statute requiring notice to city of personal injury ap-
plies to personal injury to servant of the city..... 596
of act requiring notice to city of personal injury, as not
being invalid though applicable to injury to a person in
its employ occasioned by city's negligence....
CONTINGENT REMAINDERS.-See REMAINDERS.
it is not sufficient to aver fraud generally..:.
when agreement may be set aside though misrepresenta-
tion is as to a matter of law....
when allegations of fraud in making a settlement agree-
ment are sufficient to require an answer...
when it is necessary to allege and prove scienter in action
for fraud and deceit in sale of stock of corporation.... 354
when waiver of lien is available to owner of building-
general waiver of lien must be enforced.....
mechanics' liens exist only by virtue of the statutes-such
statutes must be strictly construed.....
provision of the Mechanic's Lien act authorizing personal
decree where lien is not established is invalid, as vio-
lating constitutional right to trial by jury..
when chancellor's finding that complainants in a bill for
accounting have parted with their interests for valuable
consideration will not be set aside......
alleged fraud in property trade must relate to existing
fact-mere promise. to perform an act is not a repre-
sentation....
when representations by alleged agent in property trade
are improperly allowed to be proven...
a written contract is presumed to embody all the agree-
ments of the parties-breach of a promise not a part of
the contract is not actionable.....
oral contracts relating to land must be clearly proved-
what does not justify court of review in disregarding
testimony of witnesses proving the contract.......... 501
declarations inconsistent with an oral contract, which are
made by one party in the absence of the other, are not
binding upon the latter...
CONVEYANCES.-See DEEDS; MORTGAGES.
CORPORATIONS.-See MUNICIPAL CORPORATIONS.
right of a corporation to rent real estate not immediately
needed-what question as to corporation's business can
not be determined on demurrer..
a corporation authorized to carry on a particular busi-
ness may do so through a lessee.
Federal court has jurisdiction to determine whether cor-
poration is of the class subject to Bankruptcy law.... 304
question whether a corporation is subject to the Bank-
ruptcy act is a mixed question of law and fact.......
trial court is invested by statute with discretion in taxing
examiner's additional fees as costs....
discretion of chancellor in awarding costs in a chancery
proceeding is subject to review-when the complainant
should not pay more than one-fifth.....
when complainant's solicitor's fees in partition suit should
not be taxed as costs....
judgment for costs must rest upon statute-section 13 of
division 14 of Criminal Code does not authorize costs
against State for unsuccessful prosecutions...... ... 554
what is meant by term "uncollected costs," as such term
is used in the Municipal Court act....
rule as to taxing of costs of preliminary examination in
municipal court where the accused is bound over to the
criminal court.....
costs in chancery case rest within discretion of court—
what is not an abuse of such discretion.
circuit court cannot be deprived of its jurisdiction over
trusts-extension of jurisdiction of county court would
not deprive circuit court of jurisdiction...
jurisdiction of probate courts is a limited one-probate
courts cannot be invested with jurisdiction over testa-
mentary trusts.....
the act of 1909, conferring jurisdiction upon probate and
county courts over testamentary trusts, is invalid...... 31
county court has jurisdiction to hear contest of an elec-
tion of park district trustees....
trustees of a park district do not have power of village
board of trustees over contested elections....
motion to vacate judgment stays final judgment until mo-
tion is overruled-a bill of exceptions may be tendered
and signed after judgment becomes final....
municipal court has power over its judgments for thirty
days-municipal court judgment does not become final
until motion to vacate is disposed of.....
when it is not improper, at subsequent term, to allow ex-
ception to denial of motion for new trial.....
right of attorney to accept retainer from insane person—
failure to use good judgment in dealing with an insane
client is not ground for disbarment.....
section 57 of Municipal Court act has not repealed the
various laws concerning disposition of fines and penal-
ties nor does it affect lien of State's attorney for fees.. 554
judgment for costs must rest upon statute-statute does
not authorize costs against State in criminal case...... 554
rule as to costs of preliminary examination in municipal
court where accused is bound over....
whether office of city attorney is created by ordinance is
a matter for proof, as courts do not take judicial notice
of what offices are so created..............
proceeding to contest election is purely statutory-county
court has no jurisdiction to hear contest of election on
proposition to levy tax to build hard road....
admissibility of new evidence where a creditors' bill pro-
ceeding is remanded, with directions to enter decree in
accordance with holdings of opinion...
State Reformatory act is not unconstitutional because it
does not provide for allowance of good time nor because
it applies only to male offenders.
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