National Bank v. Hitomi 199 Ill. App. 552

National Bank of the Republic of Chicago, Defendant in Error, v. Arthur K. Hitomi et al., Plaintiffs in Error.

Gen. No. 22,103.

(Not to be reported in full.)

Error to the Municipal Court of Chicago; the Hon. Joseph P. Rafferty, Judge, presiding. Heard in this court at the March term, 1916.

Affirmed.

Opinion filed June 6, 1916.

Statement of the Case.

Action by the National Bank of the Republic of Chicago, plaintiff, against Arthur K. Hitomi and others, defendants. To reverse a judgment for plaintiff, defendants prosecute a writ of error.

An order was entered in this cause striking the bill of exceptions from the record. The plaintiff moved the court' to affirm the judgment on the ground that the assignménts of error and the brief and argument of the defendant touched only points appearing by the bill of exceptions, which the court found to be true. No errors were assigned or argued arising upon the statutory record.

Ernest Saunders, for plaintiffs in error.

Newman, Poppenhusen & Stein, for defendant in. error.

*553Abstract of the Decision.

Appeal and erbob, § 1751*—when judgment affirmed after striking. hill of exception from files. Where on review assignments of error touch points appearing only by a bill of exceptions, which has been stricken from the record, the judgment will be affirmed.