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.

W.CB
10/2/191

INDEX.

ACTIONS AND DEFENSES.

PAGE.
when filing claim against estate will not defeat suit for
specific performance

213
when tax-payers may maintain a bill in equity against a
public officer and his sureties....

225
when an immunity order is no protection against prose-
cution for sale of intoxicating liquor....

238
the maker of an accommodation note to bank may recover
from bank if obliged to pay it....

266
vendor's lien may be enforced although an action at law
lies upon notes....

469
when objection of remedy at law is waived-equity will

relieve against a continuing trespass where there is no
adequate remedy at law....

544

ADMINISTRATION.

what must be proved by an administratrix who petitions

to sell real estate-equity does not favor stale claims... 532
a judgment is a good claim although not originally sworn

to—when a debt is presumed to have been paid-fee in
homestead descends to heirs.....

532
widow's award may be waived or estopped by laches,

homestead interest can be assigned under petition for

sale to pay debts—amendment...
when laches will not prevent filing a petition to sell real
estate-notice .

533

532

ADMINISTRATORS.-Sce EXECUTORS.

AGENCY.-See PRINCIPAL AND AGENT.

AFFIDAVITS.

PAGE
when trial court does not err in refusing to compel State

to admit truth of defendant's affidavit for continuance
in criminal case

196

AMENDMENTS.

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
petition to sell real estate may be amended to ask for as-
signment of homestead interest..

532

12

19

87

APPEALS AND ERRORS.

objections to trial court's rulings on evidence not raised

in the Appellate Court are waived. .....
record must show question authorizing direct appeal to the

Supreme Court
when a freehold is not involved in right to use streets of
city-estoppel.

19
facts should not be mis-stated or exaggerated in briefs... 43
when Appellate Court should make a finding of facts.. 81
what questions may be determined by county court on ap-

peal from order assessing inheritance tax....
what is not a judgment by consent in Appellate Court... 124
executor may appeal from order of county court denying

probate-section 14 of Wills act only requires appellant
to have an interest in will.....

176
what question cannot be raised for the first time in court
of review

205
when judgment in criminal case must be reversed for mis-

nomer of defendant in one count....
what issues of fact are not open for review in the Su-

266
when Supreme Court will not disturb verdict on question
of negligence ...

307
when non-joinder of defendant in equity may be raised for
first time on appeal......

367
when, only, will decree be reversed on objection to non-

joinder of defendant raised for first time on appeal.... 367
Supreme Court may examine Appellate Court's opinion-

when Appellate Court may reverse judgment for de-
fendant and enter judgment for plaintiff.....

375
appeal in an election contest may be transferred to the

Supreme Court .
party appealing from an election contest must preserve
the evidence

383

238

preme Court

382

APPEALS AND ERRORS.-Continued.

PAGE.
finding of lower court in election contest will not be dis-

turbed unless palpably against the weight of evidence.. 383
incorrectness of court's rulings must appear affirmatively
in election contest...

383
when order of circuit court in compensation case is not a

final judgment-when judgment or decree is final and
appealable .

407
interlocutory order cannot be reviewed upon certificate of
judge of circuit court.

407
burden of proof on an appeal from order of Public Utili-
ties Commission

412
when appeal is prematurely taken from order of Public
Utilities Commission

447
when Appellate Court should not dismiss appeal as being
in a criminal proceeding.

459
when cause will be remanded to Appellate Court for judg-
ment on errors assigned. ....

459
when a freehold is involved in a proceeding to sell real
estate to pay debts of intestate...

532
opinion of Appellate Court may be examined—when it

cannot be said that Appellate Court found facts same
as trial court

559
when judgment of conviction will not be reversed. 607

ATTORNEY AND CLIENT.

testimony of an attorney conducting a case will be given
but little weight...

.. 468

AUTOMOBILES.-See MOTOR VEHICLES.

BAILMENTS.

owner of an automobile is not liable for the negligence of
borrower.

420
owner is not liable if bailee for special purpose uses prop-
erty for a different purpose....

574
when driver is not agent of owner of a hired vehicle..... 574

66

BANKS.

Supreme Court takes judicial notice that banks allow in-

terest on time deposits....
what does not change a deposit into a loan—what is in-

cluded in the term “deposit"...
bank is not bound to receive deposits-deposit may consist

of bank's own certificate of deposit.....
what evidence is admissible in a proceeding against surety

66

66

67