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deed. The right of appellee to perfect his title by entry was not affected by this sale and redemption.

Appellant contends further that the decree should not have been entered because of the condition of the pleadings. Appellee had procured the appointment of a guardian ad litem for such of the unknown defendants as may have been minors or suffering from disabilities. The bill did not allege, and it did not appear from the proof, that there were any minors or persons suffering from disability whose rights were in any way involved. The guardian ad litem answered the original bill but filed no answer to the bill as amended. Appellant is not in a position to raise any question as to this situation as he was in nowise affected thereby. Appellee failed to file a new replication after the order allowing the answer of appellant to the original bill to stand as his answer to the bill as amended. The failure to file a replication cannot be taken advantage of after the taking of proof and a determination of the issues raised on the bill and answer. We have repeatedly held that under such circumstances the issues will be treated as having been regularly joined.

Finding no error in the record the decree of the circuit court is affirmed. Decree affirmed.

INDEX.

ACTIONS AND DEFENSES.

PAGE.

52

demand and refusal not necessary before filing petition to
compel performance of public duty...
mandamus is proper remedy to compel expunging of void
order of release entered in habeas corpus proceeding.... 53
when a contractor has his remedy under Mechanic's Licn
law as an original contractor...

violation of ordinance is not a bar to claim for compensa-
tion under Workmen's Compensation act....

84

201

.... 355

legality of acts of board of education cannot be tested in
quo warranto proceeding...
question whether a corporation holding real property has
acquired it for authorized use must be raised by State... 452
when a decision by the Supreme Court construing a will is
not res judicata as to heirs....

587

when an action is pending-when defendant is not entitled
to raise question of double jeopardy....

620

ADMINISTRATORS.—See EXECUTORS.

AFFIDAVITS.

demurrer to answer to petition for mandamus cannot be
carried back to reach defect in affidavit......
when jurat to commissioner's affidavit in a confirmation
proceeding may be signed by notary on application by
collector for judgment for taxes....

52

227

affidavit of city tax collector need not be attached to re-
turn at time of filing with county collector..

538

ALIMONY.-See DIVORCE.

AMENDMENTS.

when it is not error to allow amendment of a bill after
proofs are taken

.... 143

when jurat to commissioner's affidavit in a confirmation
proceeding may be signed by notary on application by
collector for judgment for taxes..

227

AMENDMENTS.-Continued.

clerical errors in recital of judgment of confirmation may
be corrected on application by county collector for judg-
ment for taxes ..

what does not authorize amendment of record of a meet-
ing of highway commissioners to show approval of road
tax levies

....

PAGE.

227

311

when court should allow amendment to objection to tax.. 500

APPEALS AND ERRORS.

the Appellate Court reversing a judgment for error of
fact without remanding must make a finding of facts
in its judgment

what is not a finding of facts in Appellate Court's judg-
ment-when the Appellate Court is presumed to have
found facts same as trial court....

when the Supreme Court has no jurisdiction to determine
validity of an ordinance....

when a freehold is involved on appeal in a road obstruc-
tion case

43

43

110

. 143

143

what is necessary before Supreme Court will consider new
objection as to want of necessary parties.............
courts cannot pass upon weight of evidence in rate cases
heard by Public Utilities Commission......
when Supreme Court cannot modify order of Public Utili-
ties Commission ....

. 181

181

objection that a bill is multifarious must be made below.. 188
Supreme Court will interfere where trial court's discre-
tion in denying motion to set aside default is abuscu.... 218
when the circuit court cannot review decision of the In-
dustrial Board .....

218

when judgment of ouster in a quo warranto proceeding
must be reversed

...

244

when a former decision is conclusive on second appeal... 257
when question of constitutionality of a statute of another
State cannot be raised in Supreme Court....
what errors, only, can be considered by the Supreme Court
on an appeal from Appellate Court....

259

259

a foreign judgment cannot be impeached as erroneous... 259
no freehold is involved in a suit concerning lien of judg-
ment-when a constitutional question is not involved.. 286
a judgment of conviction will not be reversed merely be-
cause evidence is conflicting..

300

when punishment fixed by the jury for murder will not be
changed by reviewing court....

300

when a division of compensation awarded for taking prop-
erty by condemnation cannot be made on appeal...... 414

APPEALS AND ERRORS.—Continued.

PAGE.

414

when perfecting of an appeal will not waive a motion to
vacate order dismissing petition for division of compen-
sation in condemnation suit.....
jurisdiction of lower court ceases when appeal is perfected 415
objection that a third attesting witness was not called on
probate of will cannot be first raised in Supreme Court. 474
courts of review in Workmen's Compensation cases can
not pass upon the weight of evidence heard by the In-
dustrial Board ....

verdict in criminal case will not be set aside merely be-
cause evidence is conflicting...
when drainage district continues as a de facto corporation
after the decision of the Supreme Court that organiza-
tion is invalid.............

486

490

511

when appellant need not present bill of exceptions in spe-
cial assessment proceeding.....

when cross-errors cannot be considered without a bill of
exceptions.

decision of commissioner in a special assessment proceed-
ing as to public benefits cannot be reviewed by the Su-
preme Court

568

568

569

freehold is involved where complainant claims homestead. 595
case is not ended in an appellate court until a rehearing
is denied ....

620

APPROPRIATIONS.

courts take judicial notice of legislative appropriations—
payment of salary cannot be compelled after appropria-
tion therefor has lapsed.... . .

390

391

when appropriation to pay salary lapses.

ATTESTING WITNESSES.-See WILLS.

ATTORNEYS' FEES.

purpose of section 19 of Workmen's Compensation act of
1913, authorizing attorney's fees for entering judgment
in circuit court.

218

BAILMENTS.

degree of care required of a safety deposit company-what
is meant by ordinary diligence...

44

what is sufficient statement of cause of action against a
safety deposit company-when presumption arises that
loss was due to bailee's negligence....

44

BALLOTS.-See ELECTIONS.

BENEFIT SOCIETIES.

accident policy construed as insuring against sunstroke-
a policy of insurance should be liberally construed in
favor of the insured......
whether notice of an accident is given within a reasonable
time is a question for the jury.....

a Masonic lodge is a charitable institution.

BILLS AND NOTES.

PAGE.

..... 431

it is not fraud for holder of judgment note to enforce it
as the law permits.....

431
480

246
consideration for installment notes may be shown by parol 246
when purchasers are not relieved from paying interest on

mortgage notes ..

246

BILLS OF EXCEPTIONS.

when appellant need not present bill of exceptions in spe-
cial assessment proceeding

568

when cross-errors cannot be considered without a bill of

exceptions.

568

BILLS OF REVIEW.

what questions are open for examination on bill of review 574

BRIDGES.-See TAXES.

BURDEN OF PROOF.

burden is on party denying existence of highway to show
uninterrupted use by public was under license.....143, 130
burden is on property owner in county collector's suit for
taxes to show irregularities in levy of tax...
party desiring to contest election must show that ballots
have been kept intact...

311

441

CARRIERS.

practice before Public Utilities Commission is substantially
same as before Inter-State Commerce Commission.... 181
courts cannot pass upon weight of evidence in rate cases
heard by Public Utilities Commission.......
when Supreme Court cannot modify order of Public Utili-
ties Commission

. 181

181

State may regulate intra-State commerce of inter-State
carrier-extent of the State's power where commerce is
both intra-State and inter-State.....

405

what use of land by railroad company does not make it a
public utility...

452

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