#### Ferdinand W. Jaros, Plaintiff in Error, v. Edward Johanning and A. M. Wertzberger, Defendants in Error.

Gen. No. 18,155.

(Not to be reported in full.)

Error to the Municipal Court of Chicago; the Hon. Arnold Heap, Judge, presiding. Heard in the Branch Appellate Court at the March term, 1912.

Reversed and remanded.

Opinion filed October 15, 1913.

*454Abstract of the Decision.

Trial § 46 * —what acts of judge are improper. In an action for legal services where the evidence was closely conflicting, held that the action of the trial judge in reading the defendant’s affidavit of merits to the jury before instructing them was prejudicial error, since the reading of such affidavit unduly emphasized the defendant’s view of the controversy the plaintiff’s statement of claim not having been read.

Statement of the Case.

Action by Ferdinand W. Jaros against Edward Johanning and A. M. Wertzberger for legal services. From a judgment for plaintiff for $3.50, plaintiff brings error.

F. W. Jaros, for plaintiff in error.

Oscar M. Lumby, for defendants in error Edward Johanning.

*

See Illinois Notes Digest, Yols. XI to XIV, same topic and section number.

Mr. Justice Baume

delivered the opinion of the court.