#### Frank F. Kellogg, Plaintiff in Error, v. City of Chicago, Defendant in Error.

Gen. No. 16,661.

Munich?An courts—when statement of facts is insufficient. A purported statement of facts by a judge of the Municipal Court of Chicago that is merely a statement that a witness gave testimony in relation to certain things is not sufficient.

Error to the Municipal Court of Chicago; the Hon. Arnold Heap, Judge, presiding. Heard in this court at the October term, 1910.

Affirmed.

Opinion filed December 30, 1912.

Harry Brown and George Emmicke, for plaintiff in error; Lemuel M. Ackley, of counsel.

George A. Mason and Edgar H. Hart, for defendant in error; Edward J. Brundage, of counsel.

Mr. Presiding Justice Smith

delivered the opinion of the court.

The plaintiff in error began a case of the fourth class in the Municipal Court of Chicago against the defendant in error to recover the sum of $64.84 and interest thereon claimed to be due him as rebate on a special assessment. The cause was submitted to the court without a jury. The court found for the defendant and entered judgment thereon, and the plaintiff sued out this writ of error.

There is in the record neither a correct stenographic report of the proceedings at the trial nor a correct statement of facts by the trial judge, as required by *137the Municipal Court Act. What purports to he a correct statement of facts is manifestly not a statement of the facts by the judge as required by the law, but merely a statement that a witness gave testimony in relation to certain things.

The record disclosing no reversible error, the judg- • ment is affirmed.

Affirmed.