#### W. N. Kettenring, Administrator, Defendant in Error, v. E. C. McCarthy et al., Plaintiffs in Error.

Appeals and errors—when writ dismissed. If the bill of exceptions as abstracted fails to show either a finding or judgment in the cause, the writ will be 'dismissed.

Assumpsit. Error to the County Court of Schuyler county; the Hon. William H. Dieterich, Judge, presiding.

Heard in this court at the November term, 1908.

Dismissed.

Opinion filed May 19, 1909.

G. B. Steele and Glass & Bottenberg, for plaintiffs in error.

B. O. Willard, for defendant in error.

Per Curiam.

The plaintiff in error seeks to have this court reverse a judgment which he claims was rendered against him upon a trial by the court without a jury. The bill of exceptions as abstracted fails to show either a finding or judgment in the cause. In this condition of the record no question is presented to this court for determination.

The writ of error is accordingly dismissed.

Writ dismissed.