#### Albert L. Schultz and Albert F. Schultz, copartners, Appellees, v. Wenig Teaming Company, Appellant.

Gen. No. 19,865.

(Not to be reported in full.)

Abstract of the Decision.

1. Appeal and ebbob, § 782 * —when hill of exceptions is necessary. A motion to strike an affidavit from the record must be sustained where such record contains no bill of exceptions making the affidavit a part of the record.

2. Appeal and ebbob, § 1120*—when- dismissal is proper. Where an affidavit is stricken from the record and the errors assigned are based on such affidavit, the appeal must be dismissed.

Appeal from the County Court of Cook county; the Hon. John E. Owens, Judge, presiding. Heard in the Branch Appellate Court at the October term, 1913.

Dismissed.

Opinion filed October 28, 1913.

Statement of the Case.

Action by Albert L. Schultz and Albert F. Schultz, copartners as A. L. Schultz & Sons, against Wenig Teaming Company, a corporation. From a judgment for plaintiffs, defendant appeals.

Wyman, Jurgens & Carpenter, for appellees.

Nicholas J. Pritzker, for appellant.

*

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

Mr. Presiding Justice F. A. Smith

delivered the opinion of the court.