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JUDGMENTS AND DECREES.-Continued.

when order of county court approving sale by surviving
partner does not bind the heirs....

PAGE.

341

when recital of a decree as to service of summons upon
minors must be accepted as true-right of minors to file
bill to impeach decree..

extent of minor's right to impeach decree-when suit by
minors to impeach decree must be determined as though
questions arose on writ of error...

JUDICIAL NOTICE.

whether office of city attorney is created by ordinance is
a matter for proof, as courts do not take judicial no-
tice of what offices are so created.........

424

425

597

JUDICIAL SALES.

clerk's certificate to delinquent list must be made on the
day advertised for the tax sale.....

82

when return of summons as set out in transcript is not
sufficient-when sheriff's deed is invalid, as based on a
void judgment......

when administrator de bonis non may petition to sell land
to pay unsatisfied claims-homestead may be sold after
homestead estate is extinguished...........

118

.. 317

.... 317

when no allotment of homestead is necessary to protect
estate from forced sale-effect where premises increase
in value after homestead limits are fixed.....
there is no fixed time for proceeding to sell land after the
homestead estate is extinguished-when the validity of
claims is res judicata on application for second sale.... 318
application to sell real estate is not a collateral proceeding

as against an heir-when prima facie case ordinarily
made by production of judgments is not made........ 318
when it is presumed that administrator sold decedent's

equity of redemption, only-heir may defeat further sale
to make good loss caused by administrator's neglect... 318
approval by court of report wherein administrator takes
credit for improper claims does not bind the heir..... 319
vested remainder is subject to sale but contingent remain-
der is not-when deed creates contingent remainder.. 406
when recital of decree as to service of summons upon in-
fants must be accepted as true-right of infants to file
bill to impeach decree...

purchaser has a right to rely upon decree of court having
jurisdiction-real estate may be sold to pay the widow's
award if personal assets are insufficient..

424

425

JUDICIAL SALES.-Continued.

PAGE.

an heir takes real estate subject to its being sold to pay
debts-homestead estate cannot be sold to pay debts.. 425
when infants are not entitled to relief against sale of the
premises to pay debts without protecting their home-
stead interest therein.....

one purchasing land after bill to set aside decree of sale
is filed takes subject to result of the suit.....

425

425

JURISDICTION.

the circuit court cannot be deprived of 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....

30

31

when return of summons as set out in transcript is not
sufficient-when sheriff's deed is invalid as based on a
void judgment.

118

when question of jurisdiction will be deemed to have been
waived-what does not show that the circuit court was
without jurisdiction of bill......

139

when Supreme Court cannot consider question of juris-
diction....

139

county court has jurisdiction to hear contest of an elec-
tion of park district trustees.

154

persons petitioning to dissolve drainage district must own
at least three-fourths of assessed lands, not only those
owned by adults but by minors...

.. 180

when bill to contest a will may include relief by way of
setting aside settlement agreement....

225

when failure to include all necessary parties in bill is not
a failure to invoke jurisdiction..

225

court may invoke its general chancery powers when nec-
essary to the exercise of its statutory jurisdiction to
entertain bill to contest a will.....

225

Federal court has jurisdiction to determine whether cor-
poration is of the class subject to Bankruptcy law..... 304
question whether corporation is subject to the Bankruptcy
act is a mixed question of law and fact...
when recital of a decree as to service of summons upon
minors must be accepted as true-right of minors to file
bill to impeach decree..

304

424

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..

617

JURY TRIAL.-See TRIAL BY JURY.

LACHES.

delay will not bar relief against a fraud of which the in-

jured party was ignorant..

the right to relief in equity is not dependent upon lapse of
any fixed period of time-when relief by way of setting
aside deeds is properly denied.....

laches is not imputed to one in peaceable possession...
when defense of laches must be set up by answer.

LAKES. See WATERS.

LEGISLATIVE POWER.

PAGE.

56

330
574

624

what is meant by legislative power-Parole law does not
delegate legislative power to board of pardons............. 524

LICENSE.

195

a license fee for regulation must not be so exorbitant as
to create a monopoly in a favored class....
"itinerant vendor" provision of the Medicine and Surgery
act is unconstitutional as respects patent medicines.... 195

LIENS. See MECHANICS' LIENS; MORTGAGES.
drainage assessment cannot be made a lien except upon
property benefited-provision of Levee act making as-
sessment a lien upon all property of railroad is invalid. 260

LIMITATIONS.

amended count setting out same cause of action in differ-
ent language and in more detail than the original count
is not barred by the statute...

LIS PENDENS.

one purchasing land after bill to set aside decree of sale is
filed takes subject to result of the suit.....

LUMBER YARDS.

city has express power to regulate piling of lumber with-
in fire limits-fact that ordinance is not expressly re-
stricted to fire limits does not render it invalid....

MASTER AND SERVANT.-See MINES.

when owner of a building is liable for failure to observe
provisions of act of 1907 for safety of persons in and
about buildings being constructed..

241

425

466

211

MASTER AND SERVANT.—Continued.

railroad company must use ordinary care to provide rea-
sonably safe hand-rail for switchmen.
when architect in employ of owner of building is not an
independent contractor.....

purpose of section 7 of act of 1907, for safety of persons
in and about buildings being constructed.
when declaration in action of tort against master need not
negative the relation of fellow-servants..
facts under which it cannot be said, as a matter of law,
that the defendant corporation was not negligent in not
making proper inspection of boiler flues....

MECHANICS' LIENS.

....

PAGE.

206

211

211

240

240

when waiver of lien is available to owner of building-
general waiver of lien must be enforced as made...... 394
mechanics' liens exist only by virtue of the statutes—such
statutes must be strictly construed...

394

prior to the act of 1903 no personal decree was authorized
where lien was not established-purpose of act.......394
laws allowing liens for labor and material are constitu-
tional but should be limited to the creation of liens and
provision for enforcing them....

394

provision of Mechanic's Lien act authorizing personal de-
cree where lien is not established is invalid.......... 395
constitution guarantees a jury trial in cases according to
the course of the common law and to a verdict which
is not merely advisory..

MEDICINE AND SURGERY.

395

effect of “itinerant vendor" provision of the Medicine and
Surgery act-such provision is unconstitutional as re-
spects patent medicines..

195

MENTAL CAPACITY.

when deeds will not be set aside for want of sufficient
mental capacity to make them......

330

impairment of memory by reason of old age does not, of
itself, show want of capacity-when a deed will not be
set aside for undue influence.

517

MINES.

section 18 of Mines and Miners act is not, when properly
construed, unconstitutional......

41

mine examiner is not required to mark dangerous places
in mine which are not working places...

41

MINES.-Continued.

when building track six inches from rib on one side of
hauling road is not a violation of section 21 of Mines
and Miners act.....

under section 21 mine owner has option of leaving a clear
space or making places of refuge-when recovery can.
not be had for want of places of refuge.....
a neglect of duty unconnected with the accident cannot
be relied upon as a ground of recovery... . . . . . .
a willful violation of the Mines and Miners act must be
something more than mere negligence....

PAGE.

41

42

42

42

the Mines and Miners act does not create a liability for
mere negligence-proof that the deceased left children
of various ages is competent in action by widow...... 42
evidence that the place where accident occurred was not a
"working place" is competent where a willful failure to
mark a working place is charged..........

MINORS. See INFANTS.

MISJOINDER.-See PARTIES.

MISTAKE.

equity will not reform a deed made without considera-
tion-when rendition of services by sister to brother is
a valuable consideration for deed........

42

359

rule where a description of land applies to two tracts—
a deed having two descriptions will be construed most
strongly against grantor-description construed....... 487

MOBS AND RIOTS.

all parts of Mobs and Riots act are within its title-sec-
tion 6 of Mobs and Riots act, authorizing Governor to
remove sheriff from office, is invalid.....
office of sheriff becomes vacant when Governor's removal
proclamation is issued-vacancy cannot be filled by ap-
pointment if unexpired term exceeds one year........

MONOPOLY.

12

13

a license fee for regulation must not be so exorbitant as
to create a monopoly in a favored class...
... 195

MUNICIPAL CORPORATIONS.-See SPECIAL ASSESS-

MENTS.

physical examination to determine fitness of a person for
discharging duties of policeman is not an unreasonable
requirement...

311

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