City of Chicago v. Boller, 203 Ill. App. 282 (1917)

Jan. 22, 1917 · Illinois Appellate Court · Gen. No. 22,602
203 Ill. App. 282

City of Chicago, Defendant in Error, v. Gussie Boller, Plaintiff in Error.

Gen. No. 22,602.

(Not to he reported in full.)

Error to the Municipal Court of Chicago; the Hon. Hugh J. Kearns, Judge, presiding. Heard in this court at the October term, 1916.

Affirmed.

Opinion filed January 22, 1917.

Statement of the Case.

Prosecution by the City of .Chicago, plaintiff, against Gussie Boiler, defendant, for keeping and maintaining a house of ill fame for the practice of prostitution in violation of a city ordinance. From a judgment upon a verdict of guilty and fine of seventy-five dollars, defendant brings error.

William L. Martin, for plaintiff in error.

Samuel A. Ettelson and Harry B. Miller, for defendant in error; Daniel Webster, of counsel.

*283Abstract of the Decision.

1. Municipal Court of Chicago, § 25 * —when application for extension of time for filing correct stenographic report is too late. An application for an extension of time for filing a “correct stenographic report” under section 23 of the Municipal Court Act (J. & A. If 3335) made more than thirty, days after rendition of the judgment is too late, and the court had no jurisdiction after said thirty days to allow further time for filing such report.

2. Municipal Court of Chicago, § 26 * —when question of sufficiency of evidence will not he considered. Where a stenographic report on writ of error in the Appellate Court under section 23 of the Municipal Court Act (J. & A. If 3335), is stricken from the record because not filed in time, no assignment of error based on the sufficiency of the evidence will be considered.

3. Municipal Court of Chicago, § 31 * —when judgment will he affirmed. Where a stenographic report is stricken from the record and no errors arising from the statutory record are presented, the judgment should he affirmed.

Mr. Presiding Justice McSurely

delivered the opinion of the court.