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 violation of ordinance is not a bar to claim for compensa- 84 201 .... 355 legality of acts of board of education cannot be tested in 587 when an action is pending-when defendant is not entitled 620 ADMINISTRATORS.—See EXECUTORS. AFFIDAVITS. demurrer to answer to petition for mandamus cannot be 52 227 affidavit of city tax collector need not be attached to re- 538 ALIMONY.-See DIVORCE. AMENDMENTS. when it is not error to allow amendment of a bill after .... 143 when jurat to commissioner's affidavit in a confirmation 227 AMENDMENTS.-Continued. clerical errors in recital of judgment of confirmation may what does not authorize amendment of record of a meet- .... 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 what is not a finding of facts in Appellate Court's judg- when the Supreme Court has no jurisdiction to determine when a freehold is involved on appeal in a road obstruc- 43 43 110 . 143 143 what is necessary before Supreme Court will consider new . 181 181 objection that a bill is multifarious must be made below.. 188 218 when judgment of ouster in a quo warranto proceeding ... 244 when a former decision is conclusive on second appeal... 257 259 259 a foreign judgment cannot be impeached as erroneous... 259 300 when punishment fixed by the jury for murder will not be 300 when a division of compensation awarded for taking prop- APPEALS AND ERRORS.—Continued. PAGE. 414 when perfecting of an appeal will not waive a motion to verdict in criminal case will not be set aside merely be- 486 490 511 when appellant need not present bill of exceptions in spe- when cross-errors cannot be considered without a bill of decision of commissioner in a special assessment proceed- 568 568 569 freehold is involved where complainant claims homestead. 595 620 APPROPRIATIONS. courts take judicial notice of legislative appropriations— 390 391 when appropriation to pay salary lapses. ATTESTING WITNESSES.-See WILLS. ATTORNEYS' FEES. purpose of section 19 of Workmen's Compensation act of 218 BAILMENTS. degree of care required of a safety deposit company-what 44 what is sufficient statement of cause of action against a 44 BALLOTS.-See ELECTIONS. BENEFIT SOCIETIES. accident policy construed as insuring against sunstroke- a Masonic lodge is a charitable institution. BILLS AND NOTES. PAGE. ..... 431 it is not fraud for holder of judgment note to enforce it 431 246 mortgage notes .. 246 BILLS OF EXCEPTIONS. when appellant need not present bill of exceptions in spe- 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 311 441 CARRIERS. practice before Public Utilities Commission is substantially . 181 181 State may regulate intra-State commerce of inter-State 405 what use of land by railroad company does not make it a 452 |