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the filing of the objections, the question of the right to include interest in the assessment is before us. Interest can be charged only where it is especially authorized by statute. The statute authorizes interest on deferred installments of special assessments, but this provision only applies to installments of the assessment which the court by its order confirms. The section of the statute under which the supplemental ordinance in question here was passed authorizes a new special assessment or special tax "to pay for the cost of the improvement so constructed." The cost is the amount actually paid for the improvement. It does not refer to interest paid as the price of the extension of time. of payment. The ordinance improperly included interest on the deferred installments of the original assessment.

The judgment will be reversed and the cause remanded to the county court, with directions to sustain the objections to the interest and to confirm the assessment for the amount of the original assessment.

Reversed and remanded, with directions.

INDEX.

ABSTRACT OF RECORD.

the Supreme Court will rely on abstract of record and not
search the record to supply omissions.....

ABSTRACTS OF TITLE.

what not sufficient evidence to overcome a certificate to
copy of an abstract of title...

when abstract of title made by recorder of Cook county
is admissible under section 18 of Torrens law.........
what does not render abstract of title inadmissible upon
ground that no authority for certain deeds made by a
loan association is shown....
when abstract of title is not admissible in a proceeding to
register title to land......

PAGE.

151

390

390

391

567

ACKNOWLEDGMENT.-See DEEDS.

ACTIONS AND DEFENSES.

when owner of building is entitled to recover for damage
to building from construction of tunnel in street.....34, 27
when rule precluding relief against mistake in a written
description in deed does not apply......
adverse possession, though interrupted, is sufficient if con-
tinued for twenty successive years thereafter......
change of possession may be proved by parol-continuous
adverse possession is a question of fact....

4I

117

117

a decree in partition is final as to one who does not join
in appeal....

117

an estoppel to deny existence of streets and alleys does
not apply to one claiming by adverse possession and not
under any deed or grant..

117

tax-payers may maintain a bill to prevent the misapplica-
tion of public funds-suit may be against State Treas-
urer and State Auditor..

304

ACTIONS AND DEFENSES.-Continued.

PAGE.

279

mandamus will not issue to compel a street railway com-
pany to do what it has no power to do....
coroner's verdict is admissible in action for damages for
causing the death-when instruction as to considering
coroner's verdict is erroneous....
general rule as to enforcing a building line restriction-
when purchaser is bound by building restriction....... 520
defense of Statute of Limitations to a writ of error must

504

be set up by plea-what is not a plea to jurisdiction.... 547

ADVERSE POSSESSION.-See LIMITATIONS.

AMENDMENTS.

the plaintiff is not estopped by the averments of his dec-
laration to amend it......

461

an amendment of a declaration need not necessarily state
the same cause of action as the original...
filing amendment stating a new cause of action is the be-
ginning of new suit-Statute of Limitations....

461

461

ANNEXATION.

effect of annexation upon street railway ordinance—one
municipality cannot regulate street railways of another. 278

ANTE-NUPTIAL CONTRACTS.

when burden is on the wife to show she was not fully in-
formed as to intended husband's property...
when widow is not competent to testify under the third
exception to section 2 of the Evidence act.....

83

83

APPEALS AND ERRORS.

when individuals are proper parties to bill to enjoin ob-
struction of highways-when a decree will not be re-
versed for misjoinder of parties....

rule where the Appellate Court reverses with a finding of
facts-a finding of an ultimate fact may require appli-
cation of rules of law.....

what is a proper finding of an ultimate fact...

45

55888

when judgment in action for damages to land will not be
reversed on ground that damages are excessive....... 108
when misconduct of counsel will not reverse....
instructions should not tell jury what credit they should
give the witnesses.....

how far court may go in admonishing witness.

109

150

208

APPEALS AND ERRORS.-Continued.

.....

PAGE.

151

the Supreme Court will rely on abstract of record and not
search the record to supply omissions..
proper instruction as to damages for wrongful death when
evidence shows where deceased's earnings went...... 208
participation in the trial waives right to insist, on appeal,
that the cause was not at issue.....
Supreme Court cannot review facts in suit at law..
when the rules of a lower court are involved they should
be preserved in the record....

239

252

253

what is not a waiver of the right to raise a constitutional
question in action for personal injury.............

275

......

when a freehold is involved in an attachment suit..... 298
original practice concerning writ of error-modern prac-
tice-rule where a certified transcript is filed with clerk
before writ of error issues...

defense of Statute of Limitations to writ of error must be

547

610

set up by plea-what is not a plea to the jurisdiction... 547
a severance cannot be had before parties are in court.... 547
the legislature may provide a special method of reviewing
a purely statutory proceeding...
legislature may say whether appeal in a purely statutory
proceeding shall lie to Appellate or Supreme Court.... 610
provision of Workmen's Compensation act for reviewing
decision of industrial board is valid.....

610

writ of certiorari provided for in Workmen's Compensa-
tion act of 1915 is not the common law writ.....
when former appeal in special assessment proceeding does
not prevent raising question on second appeal.
effect where a judgment is reversed and the cause is re-

611

646

manded generally-the court may permit filing of addi-
tional objections on remandment.

646

APPEARANCE.

general appearance by land owner waives alleged insuffi-
ciency of notice of hearing on assessment..

583

APPRAISEMENTS.

when lessees of adjoining lots are estopped to object that
the lots are appraised in a lump sum-when objections
to appraisement are waived..

APPROPRIATIONS.-See CONSTITUTIONAL LAW.

ASSESSMENT FOR TAXATION.-See TAXES.

380

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