delivered the opinion of the court.
Downs v. Zeman, 189 Ill. App. 28 (1914)
Oct. 7, 1914
·
Illinois Appellate Court
·
Gen. No. 19,175
189 Ill. App. 28
William Downs, Defendant in Error, v. Leopold Zeman and Isaac D. Zeman, Plaintiffs in Error.
Gen. No. 19,175.
(Not to be reported in full.)
Error to the Municipal Court of Chicago; the Hon. Hugh J. Kearns, Judge, presiding. Heard in the Branch Appellate Court at the March term, 1913.
Affirmed.
Opinion filed October 7, 1914.
*29Abstract of the Decision.
1. Municipal Court of Chicago, § 28 * —necessity that rules be preserved in the record. The Appellate Court, on a writ of error to review a judgment of the Municipal Court, cannot take judicial notice of the rules of that court, and where they are not preserved in the record and the only errors complained of involve a consideration of such rules, the judgment will be affirmed.
2. Municipal Court of Chicago, § 7 * —constitutionality of statute requiring judicial notice of rules. Section 20 of the Municipal Court Act, J. & A. ¶ 3332, in so far as it requires the Supreme Court and the Appellate Court to take judicial notice of the rules of the Municipal Court on review of judgments of that court, has been declared unconstitutional (citing Sixty v. Chicago City Ry. Co., 260 Ill. 478).
Statement of the Case.
Action by William Downs against Leopold Zeman and Isaac D. Zeman. To reverse a- judgment in favor of plaintiff, defendants prosecute a writ of error.
The only errors argued as ground for reversal involved the construction and application of the rules of the Municipal Court, which were riot preserved in the record.
E. C. Mapledoram, for plaintiffs in error.
William S. Corbin, for defendant in error.