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5. Report by guardian.-Where a guardian made report to the
6. School directors.-A township treasurer, by consent and direction
BURDEN OF proof.
1. Promissory note.-Under a plea that the note in suit was indorsed
2. Recitals in municipal bonds.-The recitals of officers invested with
3. Setting aside tax sale.-In a proceeding to set aside a tax sale and
5. Conversations between husband and wife.--Conversations between
6. Fraud.-Evidence that a conveyance of land and the execution of
7. General reputation to prove title.-Testimony of a witness that he
one Dr. L. owned the land in dispute, is inadmissible to prove title to the land. Munford v. Miller, 62
8. Heirs competent, when.-In a proceding by an administrator to establish a personal claim against his intestate's estate, the heirs of the intestate are not incompetent as witnesses. Estate of Douglass v. Fullerton, 102
9. Husband and wife.-A husband is a competent witness in behalf of the administrator of his deceased wife, in proceedings relating to her separate property. Ledford, et al. v. Weber, 87
10. Poverty of plaintiff in actions for injuries.-Evidence of means support and early struggles with poverty is not admissible for the plaintiff in actions for damages occasioned by the negligence of the defendant. City of LaSalle v. Thorndike, 282
11. Proceedings in county court.-The judgment of the county court had in proceedings for judgment for delinquent taxes, offered in evidence by the complainants, does not find that any of the illegal items complained of were included in the city tax, and such judgment appears to have been entered without objection by complainants. Objections to such tax, made by others, cannot avail the complainants as proof of the averments in their bill. Gage v. Busse et al., GENERALLY.
12. Justice's docket-Interlineations.-The docket of a justice of the peace is not within the rule applicable to private writings between individuals which requires explanation of erasures and interlineations. Thatcher v. Maack,
13. Statement of facts in opinion of Supreme Court.-A statement of facts in an opinion of the Supreme Court made in another case, between other parties, though relating to the same levy, cannot be used by complainants in support of the averments of their bill. Gage v. Busse et al. 433
14. Not to impeach judgment.—Where the record affirmatively shows that the court has jurisdiction of the person and subject-matter, and the judgment is not the result of fraud, oral testimony cannot be admitted to impeach the judgment. Koren v. Roemheld,
15. To falsify record.-Parol evidence is not admissible to falsify a record by showing that an alteration whereby the record is made correct, was improperly made. Thatcher v. Maack, SECONDARY.
16. Justice's record.-Justices of the peace are required by law to keep a record of their proceedings and judgments, and such judgments cannot be proved by secondary evidence without first showing the loss or destruction of the record. Comisky v. Breen, 369
17. Objection to.-Objections to evidence on the ground that it is secondary, should specifically state the ground of the objection, so that the opposite party may have an opportunity of removing it. A mere general objection is not sufficient. Board of Education v. Taft,
18. What is not.-There is no provision of the statute making the
19. Malicious prosecution.—In such actions the plaintiff must show
20. Title under execution sale.-In an action upon a replevin bond
21. Setting aside tax sale.-Where the only proof in support of the
22. Competency.-The widow of a mortgagor, and legatee under his
23. Impeaching a witness-Conviction of crime.--In an action for de-
24. Interest.-Interest in the event of a suit does not necessarily de-
25. Renunciation of interest.-A son of a mortgagor who had been
EXCEPTIONS.-See BILL OF EXCEPTIONS-PRACTICE.
1. Justifying under.-Although an execution is fair upon its face, yet when a constable seeks to justify under it, as against a strange to the judgment, he must show that the execution is supported by a valid judgment. Thatcher v. Maack,
2. Manual caption.-It is not necessary, to constitute a valid levy upon property that the officer should remove it or touch it. It is enough that having the property in view and where he can control it, he does assume dominion over it with the expressed purpose of holding under the writ. Gaines v. Becker,
3. What subject to.-Where a farm is leased upon shares, if the relation of landlord and tenant exists, the property in the crop is in the tenant until division, and until division the landlord's part cannot be levied upon; but if the parties are tenants in common of the crop, the landlord, before division, has such an interest as may be levied upon. Hansen v. Dennison et al.,
4. When does not attach.-Where a sale was made in June, conditional upon the property proving satisfactory, and payment by cash and notes and mortgage was not made until July, the title of the property remained in the vendors until the latter date. The sale and making of the notes and mortgage were simultaneous acts, and between them there was no point of time when an execution lien against the vendee would attach to the property. Pitt's Sons Mfg. Co. v. Poor, 24 PARTIES.
5. Must follow judgment.-An execution, as to parties, must follow the judgment upon which it is based, notwithstanding that some of the parties may have been discharged from liability by matters arising after judgment. Brinton v. Gerry, 233
EXECUTOR.-See ADMINISTRATION OF ESTATES
1. Selling exempt property.-While a judgment in trespass against an officer for selling exempt property is conclusive against him as well as against the execution creditor, as to the trespass committed, it is not conclusive that the officer and execution creditor knew of the condition of the debtor's property, or that they intended to commit a willful trespass. Stanton v. McMullen,
1. Expression of opinion.-Whether a plaintiff can get no more or is likely to recover no more by an action at law, than is offered to her in settlement, although made in the form of a positive representation, is after all but the mere expression of opinion, and is not a representation
upon which the party has a right to rely. Am. Ins. Co. v. Crawford, 29
3. Must be of material matter.-Where the position of the parties is
FINAL ORDER.-See APPEALS.
FRAUD.-See FALSE REPRESENTATIONS.
1. Presumption.-There is no presumption of law that a mortgagor
FRAUDULENT CONVEYANCE.-See CONVEYANCES.
FRAUDULENT SALE.-See SALE.
FREEHOLD.-See APPEALS COURTS.
1. As applied to jurisdiction of Appellate Court.-In a proceeding
2. Creditor's bill.-Where a bill in chancery is filed, alleging that
GARNISHMENT.-See ATTACHMENT AND GARNISHMENT.
GOOD-WILL IN BUSINESS.-See EMINENT DOMAIN.
GRAND JURY.-See CRIMINAL LAW.
GROWING CROPS-See CHATTEL MORTGAGE-LANDLORD AND TENANT.
GUARANTY See PROMISSORY NOTE.