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CERTIORARI.

when parties who cannot maintain certiorari in their in-
dividual capacity may act as relators.....
People should prosecute certiorari suit not involving pri-
vate rights-who may be relators....

PAGE.

399

399

when record of highway commissioners will be quashed. 399

CHANCERY.-See EQUITY.

CIRCUMSTANTIAL EVIDENCE.-See EVIDENCE.

CITIES. See MUNICIPAL CORPORATIONS.

CLOUD ON TITLE.

decree should not set aside tax deed except as to premises
described in bill-when finding of facts in decree is not
sufficient to sustain it on appeal....

COLLATERAL ATTACK.

an order granting letters of administration is not open to
collateral attack upon ground that deceased was a non-
resident and administrator was a stranger....

COMMERCIAL PAPER.-See BILLS AND NOTES.

CONDEMNATION.-See EMINENT DOMAIN.

CONSPIRACY.

when party who introduces principal actors in conspiracy
is guilty-party who aids and encourages forming of a
conspiracy is guilty of conspiracy...........

what constitutes a conspiracy to prevent competition in
letting a public contract-loss to public is not a material
element of such offense....

concurrence in a conspiracy is sufficient without any prior
agreement to concur

CONSTITUTIONAL LAW.

a primary election is within the meaning of section I of
article 7 of the constitution-a primary election law
must uphold constitutional rights of voters......
section 44 of Primary Election law of 1908 is invalid-
the proviso to section 44 does not cure the invalidity of
such section

9

238

888

279

279

the invalidity of sections 44 and 11 of the Primary Elec-
tion act of 1908 renders entire act void....

280

CONSTITUTIONAL LAW.-Continued.

section II of the Primary Election act of 1908, relating to
voting for candidates for representatives in the General
Assembly, is invalid ....

PAGE.

280

after an election is held, the title of the successful can-
didates to their offices is not affected by holding the
law under which they were nominated invalid..... 280
act of 1907, concerning high school privileges for eighth
grade graduates, is invalid for discrimination in mat-
ter of tuition

....

a constitutional question must be fairly debatable to be
ground for direct appeal to Supreme Court. . . . . .
what facts do not raise any question of denial of due pro-
cess of law or equal protection of the law.....

CONSTRUCTION.

of section 34 of Local Improvement act, requiring notice.
of passage of ordinance to be sent, as applying only to
sidewalk ordinances ...

409

413

413

18

of section 39, relating to establishing sewer districts, as
not applicable to paving ordinance providing for sewer
pipes to drain surface of streets to be paved................
a deed and a contract executed contemporaneously are to
be construed as one instrument.....

18

143

....

of town collector's bond, as not being merely a common
law obligation

160

an accident policy construed as covering injuries received
from burning of contents of building as well as from
burning of building itself......

same word used in different clauses of a statute will ordi-
narily be given the same meaning.

... 205

338

of clause 95, section 1, article 2, of the City and Village
act, as not giving city express power to direct location
of junk and second-hand stores.....

338

of section 35 of article 5 of the School law, as authorizing
the transfer of pupils to high schools as well as grade
schools ...

409

of pledge agreement, as covering existing and future per-
sonal indebtedness of the pledgor.............

454

of will, as to when rule in Shelly's case applies to a devise
in trust and gives beneficiaries an equitable fee........ 492
of will, as to when trustees have power to pay over part
of principal to the beneficiaries..

493

of will, as to when residue of trust fund must be divided
as directed by the will-when limitation as to residue
applies only to certain item.....

585

CONTRACTS.-See BUILDING CONTRACTS.

in a suit on a compromise agreement it is not pertinent to
inquire into merits of contentions of parties over the
original contract ....

PAGE.

25

25

225

when contract between manufacturing concerns is a con-
tract of sale and not a license to manufacture............
attorney is not incapacitated from contracting with client,
although such contracts will be closely scrutinized and
must be shown by attorney to be fair.....
when letter of acceptance is sufficient signing to take con-
tract out of Statute of Frauds......
when a contract not to be performed within one year is
taken out of the statute by part performance.......... 25
delivery of policy is not ordinarily essential to validity of
insurance when contract will run from date of policy
and not from date of delivery......

25

115

45

45

when notice that premium is due is not necessary to right
to forfeit the policy-when New York statute requiring
such notice does not control.....
an insurance policy may itself provide that acceptance of
policy shall be notice that every payment is due and
that further notice is waived by insured.....
when loan must be regarded as made by president of cor-
poration individually, and not by corporation................... 118
when lessees of coal mine may recover substantial dam-

45

.... 152

ages for breach of contract with railroad company re-
sulting in flooding of mine and destruction of coal..... 152
proper measure of damages for breach of railroad com-
pany's contract to so construct its road-bed that plain-
tiff's mine would be properly drained.....................
wife may, by contract with husband, release to him all her
right in his estate, including dower-fact that they are
living apart does not invalidate contract....
mere fact that post-nuptial contract is inequitable is not
ground for setting it aside, in absence of fraud, misrep-
resentation or concealment

330

330

when fact that attorney for wife explained meaning of a
contract a certain way does not fix its meaning that way
nor affect its binding force.....
when provisions of an ante-nuptial contract are not abro-
gated by post-nuptial contract...

.....

330

330

wife is not entitled, under the law, to recover for services
for care and attention to husband while they were liv-
ing together

331

the mere fact that a party has made a bad bargain is not
ground for setting contract aside

433

CONTRACTS.-Continued.

....

...

PAGE.

what testimony does not tend to show that contract was
an option on mining stock and not an unconditional
sale-right to commissions
the terms of a pledge agreement may cover present lia-
bilities and future advances-agreement is to be taken
in sense it was understood by the parties...
a person contracting by his adopted trade name is bound
as effectually as though he had contracted in his own
proper name
pledge agreement made by sole owner of unincorporated
savings bank construed as covering his present and fu-
ture personal indebtedness to pledgee.....
agent's contract to sell land should be in writing, as well
as his authority to make the contract....
when defense of Statute of Frauds is not waived by put-
ting refusal to perform on other grounds.....
when contract between land owner and railroad company
is binding though not executed by the proper official of
the company

....

...

391

454

454

454

554

554

567

when fact that land owner's covenant to maintain right of
way fence may be personal does not give the grantee a
right to sue for damage to live stock.....
effect of fencing contract made under act of 1855-the act
of 1874 does not abrogate fencing contracts made under
the act of 1855................
CORPORATIONS.-See RAILROADS; MUNICIPAL COR-
PORATIONS.

507

567

when loan must be regarded as made by president of cor-
poration individually and not by corporation.......... 118

COSTS.

tender is necessary to sustain an award of costs against
defendant on setting aside tax deed.....
statutory requirement as to apportionment of solicitor's
fees in partition-what is not a failure to correctly set
forth the interests of the parties......

9

472

what is not a ground for refusing to apportion solicitor's
fees in a partition suit ....

472

costs of proper bill by trustees to construe a will are prop-
erly chargeable against the estate..

586

COURTS.-See APPEALS AND ERRORS; EQUITY.
attorney who imposes on court by signing a person's name
to an appeal bond without such person's knowledge or
consent may be disbarred.....

96

CONTRACTS.-See BUILDING CONTRACTS.

in a suit on a compromise agreement it is not pertinent to
inquire into merits of contentions of parties over the
original contract ...

PAGE.

25

25

25

when contract between manufacturing concerns is a con-
tract of sale and not a license to manufacture......... 25
attorney is not incapacitated from contracting with client,
although such contracts will be closely scrutinized and
must be shown by attorney to be fair.....
when letter of acceptance is sufficient signing to take con-
tract out of Statute of Frauds.....
when a contract not to be performed within one year is
taken out of the statute by part performance..
delivery of policy is not ordinarily essential to validity of
insurance when contract will run from date of policy
and not from date of delivery......

25

... 45

... 45

when notice that premium is due is not necessary to right
to forfeit the policy-when New York statute requiring
such notice does not control......
an insurance policy may itself provide that acceptance of
policy shall be notice that every payment is due and
that further notice is waived by insured...........
when loan must be regarded as made by president of cor-
poration individually, and not by corporation......... 118
when lessees of coal mine may recover substantial dam-

45

.... 152

ages for breach of contract with railroad company re-
sulting in flooding of mine and destruction of coal..... 152
proper measure of damages for breach of railroad com-
pany's contract to so construct its road-bed that plain-
tiff's mine would be properly drained......
wife may, by contract with husband, release to him all her
right in his estate, including dower-fact that they are
living apart does not invalidate contract.....
mere fact that post-nuptial contract is inequitable is not
ground for setting it aside, in absence of fraud, misrep-
resentation or concealment

330

330

when fact that attorney for wife explained meaning of a
contract a certain way does not fix its meaning that way
nor affect its binding force....

330

when provisions of an ante-nuptial contract are not abro-
gated by post-nuptial contract.....

330

wife is not entitled, under the law, to recover for services
for care and attention to husband while they were liv-
ing together..

.. 331

the mere fact that a party has made a bad bargain is not
ground for setting contract aside.

433

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