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title to grain does not pass to warehouseman merely be-
cause no receipts are given.....

64

64

title to grain stored in warehouse is not determined by as-
sessment for taxes..

BANKS.

funds of insolvent private bank in hands of receiver are
taxable as "money on hand"..

....

insolvency does not affect insolvent's property in matter
of taxation

funds of insolvent bank awaiting distribution by receiver
should not be taxed in names of depositors.....

money deposited as credit with other banks is not "money
on hand"

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when a bank takes draft as a holder in due course........ 103

BILLS AND NOTES.

when party issuing a bogus money order is guilty of con-
fidence game ...

construction of Negotiable Instruments act-effect of ac-
ceptance of draft by drawee-when bank takes draft as
holder in due course....

103

...

451

BILLS OF EXCEPTIONS.

motion for continuance must be included in the bill of
exceptions..

532

BLUE SKY LAW.-See SECURITIES.

BONDS.

the statute authorizes officers of villages to act as agents
in signing municipal bonds.....

20

20

indictment for forgery of municipal bond need not show
authority of officers of village to issue bond......
contract of surety must be strictly construed-when joint
obligees cannot sue separately on injunction bond...... 526
surety on recognizance in criminal case should not be re-
quired to testify that he had signed other bonds for
the defendant ..

533

BURDEN OF PROOF.
burden is on the defendant in a suit for breach of build-
ing contract to prove that stipulated damages provide
for a penalty.....
complainant seeking to enjoin collection of tax has bur-
den of proof......

burden is on complainant suing for specific performance

to prove the contract and that he is ready, able and will-
ing to perform....

PAGE.

II

33

115

.. 119

when railroad company has burden of proving that it is
not under Compensation act.....
vendor seeking to enforce contract for conveyance must
prove he has a good title......

145

....

party seeking performance of a contract to convey must
show performance on his part...

180

complainant suing for specific performance has burden of
proving existence of contract..

273

party assailing statutory classification has burden of show-
ing that it is arbitrary...

426

CITIES. See MUNICIPAL CORPORATIONS.

COLLATERAL ATTACK.-See JUDGMENTS AND DE-
CREES.

CONFIDENCE GAME.

when party issuing a bogus money order is guilty of con-
fidence game

what proof is sufficient to establish venue-what evidence
of similar transactions is admissible in prosecution for
confidence game ....

451

451

CONSPIRACY.

each party to a conspiracy is a party to all acts in further-
ance of the common design.....

92

when parties agree to commit a felony, which is consum-
mated, all are guilty.....

92

CONSTITUTIONAL LAW.

act of Congress for control of railroads did not deprive
States of power to assess franchise tax......
franchise tax of interstate railroad is not a burden on in-
terstate commerce ....

54

section 3 of Compensation act of 1917 is a valid exercise
of police power...

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CONSTITUTIONAL LAW.-Continued.

PAGE.

sections 10 and 12 of article 5 of constitution refer only
to State offices.

193

what is an "office" within meaning of term as defined in
the constitution

193

Governor has power of appointment and removal of all
public officers not otherwise selected......
public administrator is an officer within the meaning of
the constitution

193

.. 194

when ordinance requiring license for distribution of ad-
vertisements is void.....

214

an ordinance which discriminates in favor of residents of
city is void.....

214

a school district must levy tax sufficient to pay bonded
indebtedness. ...

..312, 290

legislature may restrict or prevent transaction of business
by foreign corporations in Illinois...

324

the State may regulate right to use streets and highways
for travel

340

ordinance which limits natural rights must be reasonable
as well as constitutional... . . . .

340

section 43 of the Levee act is not invalid in not provid-
ing for notice to other land owners of petition to abate

assessment. ...

350

Parole law does not violate Federal constitution.....
arbitrary violation of principle of uniformity in taxation.
is an invasion of constitutional right........
constitution limits right of legislature to legislate on ques-
tion of tax exemption.....

390

399

408

a municipality must have legal or complete equitable title
for property to be exempt from taxation-when pro-
posed park is not exempt.....

purpose of constitutional provision that act shall embrace
only one subject ......

408

425

title of the Securities act does not embrace different sub-
jects-Securities act is an exercise of police power..... 425
the legislature must determine whether an evil exists and
adopt the means for its prevention....

425

party assailing statutory classification must show it is ar-
bitrary when a classification is not arbitrary.

legislature has authority to determine a reasonable basis
for statutory classification....

objects of legislation may be classified for the purpose in-
tended without including all the evils to be remedied.... 425
when, only, may the courts interfere with legislative clas-
sification. ...

426

426

426

CONSTITUTIONAL LAW.—Continued.

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the right to engage in a lawful business is subject to po-
lice power

Securities act does not provide unreasonable classification
nor confer special privileges.....

PAGE.

426

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paragraph 3 of section 5 of Securities act does not grant
special privileges in violation of constitution............................... 427
classification of securities in class "C" of the Securities
act is reasonable--Securities act may classify securities
as "speculative"

..... 427

when tax exemption provision in a special charter must be
construed with constitution of 1848.......
when building ordinance does not give arbitrary power
to mayor

478

513

when constitutionality of act of 1921 to prevent destruc-
tion of future interests will not be considered......... 521
when right to question validity of statute is waived—when
objection to constitutionality of Workmen's Compensa-
tion act is waived......

551
legislature cannot set aside or change judicial decision... 583
CONSTRUCTION.-See CONSTITUTIONAL LAW.

of section 30 of Revenue act, as to what is "money on
hand" in a bank.....

....

of section 105 of Corporation act, as to whether a pub-
lic utility corporation may be taxed on full amount of
authorized capital stock.....

.......

of section 105 of Corporation act, as to whether corpora-
tion in hands of receiver is subject to franchise tax.....
of act of Congress for control of railroads, as not depriv-
ing States of power to assess franchise tax.....
of Negotiable Instruments act, as to effect of acceptance
of draft by drawec.........

33

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... 103

of section 6 of Compensation act, as not applying to lia-
bility of third parties....

...

of section 29 of the Compensation act, as to when an in-
jured employee may bring action against a third party
causing the injury..

119

... 119

....

of section 8 of Divorce act, as not applying where cause
is heard on bill and cross-bill...
statutes creating mechanics' liens must be strictly con-
strued. ....

134

140

of will, as to effect of devise to life tenant with remain-
der to her living children or their descendants.....
of section 7 of Chancery act, as applying only to "un-
known heirs or devisees" in being.....

145

147

statute cannot be construed if it is unambiguous..

167

CONSTRUCTION.-Continued.

of section 5 of Compensation act, as to who is included in
term "employee" ...

PAGE.

.. 167

of section 10 of Statute of Descent, as to when marriage
of testator revokes his will....

175

of sections 18 and 46 of Administration act, as to when
court must grant letters to public administrator........ 194
of amendment of 1891 to the School law of 1889, as mak-
ing the limitation of taxation under the general law ap-
plicable to special districts......

218

of amendment of 1919 to limitation of taxation in School
law of 1909, as applying to special districts......
court will so construe will as to dispose of all testator's
property, if possible.....

218

242

of will, as to when provision to prevent lapse does not dis-
pose of after-acquired property...

243

of will, as not disposing of after-acquired real property
unless intention affirmatively appears....

243

of section 121 of Revenue act, requiring amounts of tax
for different purposes to be stated separately.....
of will, as to when words will not be given technical mean-
ing when devisee takes fee simple as heir of body of
life tenant...........

251

... 269

269

of will, as to when words "heirs of the body" are words
of purchase ....

of will, as to meaning of the word heirs-as to when de-
vise to "surviving heirs" is not subject to the rule in
Shelley's case

of will, as to when executors take an estate in fee.....
of will, as to when the remainder vests at death of a life
tenant and is not cut down to base fee-the law favors
vested estates

302

303

335

of section 12 of Motor Vehicle law of 1915, as prohibiting
regulation of speed of motor vehicles by ordinance..... 340
of section 43 of Levee act, as to when land owner may
petition to have assessment reduced.......

...

350

of act of 1909, as requiring vote on ordinance to issue im-
provement bonds for amount of public benefits......... 368
of Detention Home act, as leaving method of levying tax
to the provisions of the Revenue law-meaning of the
word "establish" .....

of Securities act, as to its purpose...

415
426

of section 37 of Securities act, as to what is a sufficient
allegation as to class of securities sold...

....

427

of section 9 of Securities act, as requiring statement to be
filed by issuer of securities-pleading....

427

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