CRIMINAL LAW.-Continued.

PAGE.

451

a new trial will not be granted to obtain testimony which
is merely cumulative....
mere admission of incriminating facts is not confession—
instructions-apparent necessity will justify self-defense 471
jury should not be instructed that self-defense must be ap-
parently necessary from a normal process of reasoning.. 471
as a general rule a new trial will not be granted to im-
peach a witness-when a new trial will be granted for
newly discovered evidence.....

498

when written statements of witnesses on motion to vacate
judgment necessitate new trial......

reasonable doubt must be one arising upon the whole evi-
dence-alibi. ...

surety should not be required to testify that he had signed
other bonds for defendant....

when a special grand jury is legally impancled-motion
for continuance must be included in bill of exceptions.. 532
when conduct of the State's attorney on cross-examination
is prejudicial......

498

499

532

what testimony as to conversation with defendant is im-
proper in prosecution for rape...

533

533

rape-what testimony as to physical condition of prose-
cuting witness is incompetent....

533

......

when conviction for selling stock in violation of Securi-
ties act cannot be sustained.
definition of embezzlement-distinguished from larceny-
an intent to embezzle must be proved beyond reason-
able doubt ... . .

564

590

590

when a conviction of embezzlement cannot be sustained-
instruction should not single out facts to establish guilt
in disregard of other evidence.....
what remark by court is not prejudicial—the trial judge
should not conduct extensive examination of witnesses.. 601
trial judge should exercise care that his conduct does not
influence the jury..........

DAMAGES.

burden is on defendant, in a suit for breach of building
contract, to prove that stipulated damages provide for
a penalty

when parties may stipulate damages in building contract..
when amount stipulated for failure to complete contract
will be regarded as liquidated damages...

when stipulated damages will be regarded as a penalty...

601

II

II

12

12

DEBTOR AND CREDITOR.

creditors may avoid conveyance in fraud of their rights
regardless of form of transaction....

as to marital rights, wife is entitled to same protection as
a creditor

DECREES.-See JUDGMENTS AND DECREES.

DEEDS.-See TAX DEEDS.

no particular act is necessary to constitute delivery-when
deed of voluntary settlement is presumed to take effect

at once.....

PAGE.

618

618

what is not sufficient to overcome presumption of deliv-
ery of deed of voluntary settlement...

deeds of voluntary settlement, although retained by the
grantor, may be effective to pass title.......

46

46

46

mere fact of alteration raises no presumption as to when
it was made.....

suspicious alteration raises presumption against the in-
strument-when grantee is not entitled to reformation
of deed

when disposition of land must be in conformity with Stat-
ute of Wills-delivery is a question of intent-deed must
take effect upon delivery...

deed delivered to grantee is not an escrow-when deed is
void because not delivered with intention of giving title
to the grantee....

72

72

110

... IIO

134

when complainant is not entitled to have deed set aside
for duress...
what mental capacity is required to make a voluntary set-
tlement-when deed is not testamentary.....
deed of voluntary settlement is presumed to have been de-
livered when deed to religious corporation is void.... 206
when deed conveying land to unincorporated religious so-
ciety is void for want of grantee....
when conveyances are subject to tax as being made in
contemplation of death.....

....

206

206

373

agreement does not avoid inheritance tax where convey-
ance cannot be enforced prior to death of grantor...... 373
when deed given as part consideration for purchase of
farm property may be set aside for misrepresentations.. 540
acknowledgment of deed may be impeached by clear and
convincing evidence ..

....

doctrine of equitable conversion as applied to vendor and
vendee of real estate..

540

618

DEEDS.-Continued.

PAGE.

creditors may avoid conveyance in fraud of their rights
regardless of form of transaction..

618

when a conveyance before marriage is in fraud of mari-
tal rights

618

DESCENT.-See ADMINISTRATION.

when devise lapses and does not go to heirs of devisee-
when widow is not entitled to one-half the land covered
by lapsed devise...

557

DETENTION HOMES.-See COUNTIES.

DIVORCE.

section 8 of Divorce act does not apply where cause is
heard on bill and cross-bill-collateral attack.....

DOWER.

.... 134

when widow who renounces will is not entitled to one-half
the land covered by lapsed devise...

DRAINAGE.

557

when land owner may petition to have his assessment re-
duced under section 43 of the Levee act..
section 43 of the Levec act is not invalid in not provid-
ing for notice to other land owners of petition to abate
assessment .

350

. . . .

350

petition under section 43 of Levee act is not a collateral
attack on judgment of confirmation....

351

DURESS.

when a contract may be avoided for duress by threats-
whether contract was obtained by threats is a question

of fact-allegations

134

when complainant is not entitled to have deed set aside
for duress

134

EMBEZZLEMENT.

definition of embezzlement-distinguished from larceny-
an intent to embezzle must be proved beyond reason-
able doubt ....

590

when a conviction for embezzlement cannot be sustained-
instruction should not single out facts to establish guilt
in disregard of other evidence....

590

EMINENT DOMAIN.

PAGE.

... 577

statute authorizing taking of private property for public.
highway must be strictly construed.......
section 98 of Roads and Bridges act, as amended in 1919,
does not authorize taking of private property for pri-
vate road .....

when highway commissioner and justice of peace have no
jurisdiction of proceeding under section 98 of the Roads
and Bridges act-appeal.....

EMPLOYMENT.-See WORKMEN'S COMPENSATION.

EQUITY.

577

577

special replications in chancery are no longer used...... 110
section 7 of Chancery act applies only to "unknown heirs

or devisees" in being....

147

extent of the chancellor's discretion in decreeing speci-
fic performance ...

180

court cannot decree performance of contract which de-
fendant is unable to perform....

188

the complainant may dismiss his suit at any time prior
to decree ....
remedy for intentional diversion of funds levied for school
building purposes must be sought in equity...
when a court of equity will appoint a trustee....
when court will appoint trustee under prayer for general
relief although special relief must be denied...........
when bill to enjoin threatened trespass by highway com-
missioner is properly dismissed......

... 254

...

290

303

303

599

equity looks to the substance of a transaction and not to
form-doctrine of conversion as applied to vendor and
vendee of real estate.....

618

ESTOPPEL.

when an insurance company is estopped to deny that in-
jured employee was an employee of the insured........ 487

EVIDENCE.

burden is on defendant, in a suit for breach of building
contract, to prove that stipulated damages provide for
a penalty...

II

there is no presumption of law that forgery was commit-
ted where the forged instrument is disposed of........ 20
intent to defraud is not presumed until forged instrument
is uttered ....

21

PAGE.

EVIDENCE.-Continued.

complainant seeking to enjoin collection of tax has bur-
den of proof.....

when a deed of voluntary settlement is presumed to take
effect at once.....

33

46

46

what is not sufficient to overcome presumption of delivery
of deed of voluntary settlement.....
when witness in suit for specific performance cannot tes-
tify there was an agreement which was put in writing.. 72
evidence to support parol contract for conveyance of prop-
erty of deceased person will be carefully scrutinized... 72
mere fact of alteration of deed raises no presumption as
to when it was made......

a suspicious alteration raises presumption against the in-
strument. ...

when cross-examination of witness is not unduly restricted
in criminal case....
burden is on complainant suing for specific performance.

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

72

72

93

115

when railroad company has burden of proving that it is
not under Compensation act......

119

guilt may be established by circumstantial evidence-jury
must determine credibility of witnesses.

124

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

a deed of voluntary settlement is presumed to have been
delivered. ....

206

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

... 273

record of levy of road district taxes may be amended by
parol testimony

312

when new trial should be granted in criminal case to in-
clude testimony of another witness.....

361

when defendant may be cross-examined as to previous ar-

rest on another charge....

376

order of admission of testimony in criminal case rests in
discretion of trial court. . . . .

... 376

when evidence of possession of revolver by the defendant
when arrested is admissible....

376

when variance is not material in criminal case-question
of variance must be raised in trial court........
verdict of jury is not to be controlled by number of wit-
nesses testifying

376

377