Ashley v. Masterson, 199 Ill. App. 383 (1916)

May 1, 1916 · Illinois Appellate Court · Gen. No. 21,268
199 Ill. App. 383

Walter J. Ashley, Defendant in Error, v. E. F. Masterson, Agent, Plaintiff in Error.

Gen. No. 21,268.

(Not to be reported in full.)

Abstract of the Decision.

Appeal and error, § 1327 * —when intendment in favor of judgment where hill of exceptions stricken. On a writ of error where the hill of exceptions is stricken on the motion of defendant in error, the court will deal only with the errors appearing in the statutory record, and every intendment will he in favor of the accuracy of the procedure and the correctness of the judgment.

Error to the Municipal Court of Chicago; the Hon. John C. Work, Judge, presiding. Heard in this court at the October term, 1915.

Affirmed.

Opinion filed May 1, 1916.

Statement of the Casé.

Action by Walter J. Ashley, plaintiff, against E. F. Masterson, agent and attorney for Anna Dickson, defendant. To reverse a judgment for plaintiff, defendant prosecutes this writ of error.

On April 14, 1916, on motion of the defendant in error, the bill of exceptions in this case was stricken from the record.

Defendant in error moved to affirm the judgment of the trial court on the statutory record, abstracts and briefs of plaintiff in error.

E. F. Masterson, pro se.

Fred Sass and Daniel A. Egberts, for defendant in error.

Mr. Justice Holdom

delivered the opinion of the court.