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There is no evidence from which it can be ascertained how much or what proportion either of the $50 or of the $90 was used for the support and maintenance of the mother. The $40 from the husband's income was at least a partial support. The additional $50 was a general benefit to the family, but there is no basis in the evidence for determining what proportion of it was used for the support of the mother and what proportion for general family expenses. There is therefore no basis for the finding that her dependency was fifty-six per cent of total dependency. The finding of partial dependency, whatever its degree, entitled the claimant to the minimum award of $1650.
The facts found were sufficient to constitute the basis for a proper decision, and the judgment of the circuit court is therefore reversed and the cause is remanded, with directions to enter an award for $1650, payable in installments, if the claimant shall elect to accept such award, otherwise to remand the cause to the Industrial Commission for another hearing.
Reversed and remanded, with directions.
ACTIONS AND DEFENSES.
relieve against a continuing trespass where there is no
what must be proved by an administratrix who petitions
to sell real estate-equity does not favor stale claims... 532
to—when a debt is presumed to have been paid-fee in
homestead interest can be assigned under petition for
sale to pay debts—amendment...
AGENCY.-See PRINCIPAL AND AGENT.
to admit truth of defendant's affidavit for continuance
levy of a park district tax may be amended if extended
upon copy of original tax levy ordinance—what amend-
ment may be made to sustain park district tax... 392
APPEALS AND ERRORS.
objections to trial court's rulings on evidence not raised
in the Appellate Court are waived. .....
peal from order assessing inheritance tax....
probate-section 14 of Wills act only requires appellant
nomer of defendant in one count....
joinder of defendant raised for first time on appeal.... 367
when Appellate Court may reverse judgment for de-
Supreme Court .
APPEALS AND ERRORS.-Continued.
turbed unless palpably against the weight of evidence.. 383
final judgment-when judgment or decree is final and
cannot be said that Appellate Court found facts same
ATTORNEY AND CLIENT.
testimony of an attorney conducting a case will be given
AUTOMOBILES.-See MOTOR VEHICLES.
owner of an automobile is not liable for the negligence of
Supreme Court takes judicial notice that banks allow in-
terest on time deposits....
cluded in the term “deposit"...
of bank's own certificate of deposit.....