APPEALS AND ERRORS.-See INSTRUCTIONS.

it is the amount of the judgment, in actions sounding in
damages, which controls the right of appeal to Supreme
Court without certificate of importance...
allowance of solicitor's fees to executors in will case can
not be questioned for first time on appeal......
counsel should point out in his brief in what respects in-
structions are claimed to be erroneous.....
presence of incompetent evidence in record of chancery
case will not reverse if there is sufficient competent evi-
dence to sustain the decree.....

a party cannot complain of harmless error...
error cannot be predicated upon trial court's refusal of an
instruction cautioning jury to regard their answers to
questions asked on their voir dire.....

when county court's finding that property will be benefited
to extent of assessment must be upheld......
when action on motion in arrest of judgment cannot be re-
viewed on appeal .....

PAGE.

28

57

*57

87

143

164

201

209

234

the giving of cautionary instructions to the jury is largely
within the discretion of the trial court....
when giving instruction allowing jury to estimate damages,
though no witness has testified to amount, is not error. 253
one cannot complain, on appeal, of an instruction substan-
tially the same as his own.....

290

when refusal of instruction stating that jury would have
no occasion to consider damages if they found the plain-
tiff was not entitled to recover is not error....
when judgment will not be affirmed, on appeal, because of
want of definite proof of damages....

290

299

when rule that judgment will not be reversed to allow a
recovery of nominal damages does not apply.
motion to give security for costs must be made early..... 306
party bringing up a case must furnish printed abstract of
record sufficient to fully present the errors relied upon
for reversal .....

299

310
question of variance cannot be first raised on appeal..... 312
when questions of assumed risk and contributory negli-
gence are not open for review by Supreme Court...... 312
it is error for the trial court to arbitrarily refuse to re-
ceive and examine instructions ...

338

cross-error should be assigned upon Appellate Court's de-
nial of appellee's motion instead of renewing the same
motion in the Supreme Court.....

it must affirmatively appear that error was harmless or a
reversal must follow

338

338

APPEALS AND ERRORS.-Continued.

when allowance of appellee's motion to strike certain in-
structions from the bill of exceptions would require a
reversal of the judgment

.......

PAGE.

338
when decree dismissing bill for specific performance will
not be reversed as being against the evidence..... ... 351
when refusal to permit counsel to state his reasons for ob-
jecting to a question asked of a witness will not require
a reversal...
when provision of partition decree as to solicitors' fees is
interlocutory, only

... 361

374

one cannot take advantage, on appeal, of absence of proof
he has prevented being made.....

381

when an alleged error in refusing leave to file additional
counts is harmless

... 425

presumption, where the Appellate Court's judgment of re-
versal does not recite facts, is that the reversal was for
errors of law ...

446

contract against public policy will not be enforced though
parties have not raised the point on appeal.... . . .
section 100 of the Practice act of 1907 repeals the act of
May 13, 1907, by implication, and governs as to the time
for filing transcript of record on appeal...
improper ruling on motion for discharge of prisoner for
delay in trial should be saved by bill of exceptions..... 581
agreement to incorporate original bill of exceptions in the
record cannot rest in parol but must be in writing and
be made a part of the record.....

452

575

589

in absence of an agreement of record an original bill of
exceptions will be stricken, on motion.....
bill of exceptions must be taken at the term when rulings
excepted to were made or within time granted at such
term, whether ruling is appealable or not....

....

589

591

ARREST OF JUDGMENT.

what can be urged in arrest of judgment.

208

a motion in arrest of judgment cannot be sustained by mat-
ters dehors the record ...

208

a judgment cannot be arrested for a defect which may be
waived

208

ASSIGNMENTS.-See CONTRACTS.

ASSUMED RISK.-See MASTER AND SERVANT.

ATTACHMENT.

PAGE.

447

when attaching creditor has only such rights as the debtor
had when the attachment was levied.....
rights of bank under bill of lading and sight draft....... 447
ATTORNEY AND CLIENT.

rule as to privileged communications between attorney and
client-when communication is not privileged......... 87

ATTORNEYS AT LAW.

to warrant disbarment of an attorney the evidence of his
guilt as to the transactions charged in the information
must be clear ...

42

the practice of attorneys in a case testifying as witnesses
is not approved ...

115

when the apportionment of solicitors' fees in partition is
inequitable

374

BANKRUPTCY.

when trustee named in will has a vested interest which
passes to his trustee in bankruptcy...

318

in assumpsit, where defendant shows discharge in bank-
ruptcy, plaintiff has burden of proving that his claim is
not within terms of discharge

425

BANKS.

endorsement and delivery of bill of lading by shipper to
bank is a symbolical delivery of the goods and transfers
title to the bank ...

446

rights of bank under bill of lading and sight draft......

447

BASE FEES.-See WILLS.

BENEFIT SOCIETIES.

fund arising from benefit certificate is not assets of the es-
tate of deceased member nor is it subject to his debts... 630
subsequent marriage of a member does not, of itself, affect
the rights of the named beneficiary....
public policy does not preclude a member from designating
a stranger as his beneficiary, even to the exclusion of
his wife or relatives ...

when named beneficiary is entitled to fund...

BILLS AND NOTES.-See BANKS

630

630

630

at common law a judgment by confession and without no-
tice, upon a note and warrant of attorney signed by a
married woman, is void and open to collateral attack... 326

BILLS OF EXCEPTIONS.

PAGE.

improper ruling on motion for discharge of prisoner for
delay in trial should be saved by bill of exceptions..... 581
agreement to incorporate original bill of exceptions in the
record cannot rest in parol but must be in writing and
be made a part of the record....

in absence of an agreement of record an original bill of
exceptions will be stricken, on motion......
bill of exceptions must be taken at the term when rulings
excepted to were made or within time granted at such
term, whether ruling is final or not......
bill of exceptions to rulings on legal objections to special
assessment must be taken at term objections are heard
unless time is extended at that term...

BILLS OF LADING.-See CARRIERS..

589

589

..... 591

591

endorsement and delivery of bill of lading to bank is sym-
bolical delivery of the goods and transfers title to bank. 446
rights of bank under bill of lading and sight draft.................... 447

BOUNDARIES.

where description of boundaries in a deed is doubtful, the
construction adopted by the parties themselves is pre-
sumed to be correct

436

BRIDGES.-See ROADS AND BRIDGES.

BRIEFS.

counsel should point out in his brief in what respects in-
structions are claimed to be erroneous...

57

BUILDING CONTRACTS.

when contractor may sue and recover under the common
counts-contract may be read in evidence.....
secondary proof of lost final certificate may be made in ac-
tion by contractor under the common counts..... ... 360
a provision in a building contract requiring a written order
for changes may be waived ..

360

360

when a final certificate is conclusive evidence of the per-
formance of a building contract.....

361

substantial performance of the terms of a building contract
is all the law requires.....

361

interest is recoverable in an action under common counts
upon the final certificate issued under building contract. 361

BUILDING CONTRACTS.-Continued.

what provision of building contract is not a waiver of the
principal contractor's right to lien.....

PAGE.

when lien is not waived by taking other security.

when contractor is relieved of his obligation to furnish re-
leases of sub-contractors...

476

476

what does not constitute a new contract in which time for
completion and final payment is not fixed......
what evidence does not justify allowing an owner a credit
because of a judgment recovered against him by one of
the sub-contractors

476

476

476

BUILDING SOCIETIES.-See LOAN ASSOCIATIONS.

BURDEN OF PROOF.-See EVIDENCE.

CANALS.

statutes delegating powers to public officers are strictly
construed, and all parties interested must look to statute
for the grant of power ...

610

under act of 1891 the commissioners of Illinois and Michi-
gan canal had no power except to lease lands for not ex-
ceeding twenty years ....

610

the commissioners, of Illinois and Michigan canal have no
power to provide in lease that new lessee must pay old
lessee for improvements ....

610

what provision of a canal lands lease does not create an
equitable lien for lessee's improvements

... 611

CARRIERS.-See RAILROADS.

bill of lading construed as to meaning of the term "ready
for delivery"

121

when first carrier must pre-pay connecting carrier's charges 121

CASES CONTROLLED BY OTHERS.-See FORMER CASES.
Chicago v. Ogden, Sheldon & Co. 227 Ill. 595, controls
the decision in Chicago v. Page....

CHANGE OF VENUE.

all defendants to condemnation proceeding need not join in
petition for change of venue

215

... 261

what is not a waiver of alleged error in overruling petition
for change of venue

261

CITIES. See MUNICIPAL CORPORATIONS.