Truax Greene & Co. v. Emrick, 192 Ill. App. 433 (1915)

April 26, 1915 · Illinois Appellate Court · Gen. No. 20,786
192 Ill. App. 433

Truax Greene & Company, Defendant in Error, v. M. E. Emrick, Plaintiff in Error.

Gen. No. 20,786.

(Not to be reported in full.)

Error to the Municipal Court of Chicago; the Hon. Edward T. Wade, Judge, presiding. Heard in this court at the October term, 1914.

Affirmed.

Opinion filed April 26, 1915.

*434Abstract of the Decision.

1. Municipal Court of Chicago, §■ 26 * —when stenographic report stricken. Where there is nothing in the record to justify the trial court in granting an extension of the period for filing a stenographic report after thirty days had expired from the entry of the judgment, which order was filed nune pro tune as of a date within that period, the stenographic report will be stricken.

2. Municipal Court oe Chicago, § 31*—when judgment affirmed. Where there are no errors assigned which can be considered in the absence of the stenographic report which this court has stricken from the record, because not signed or filed within thirty days after entry of judgment of such court, the judgment will be affirmed.

Statement of the Case.

Action by Truax Greene & Company against M. E. Emrick in the Municipal Court of Chicago. The defendant failed to file the stenographic report within thirty days from the entry of judgment. By order of the court the time for filing was extended to ninety days from the entry of judgment nunc pro tunc.

Beckman, Cottrell & Phillips, for plaintiff in error.

H. A. Barnhardt, for defendant in error.

Peb Cubiam.