#### Charles I. McNett, Appellee, v. Donald J. McDonald, Appellant.

Gen. No. 5,786.

(Not to he reported in full.)

Appeal from the Circuit Court of Kane county; the Hon. Duane J. Caenes, Judge, presiding. Heard in this court at the April term, 1913.

Affirmed.

Opinion filed August 2, 1913.

Statement of the Case.

Action of assumpsit by Charles I. McNett against Donald J. McDonald. From a judgment for plaintiff for one thousand dollars, defendant appeals.

Callahan & Callahan, for appellant.

Mighell, Gunsul & Allen, for appellee.

*

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

Mr. Presiding Justice Whitney

delivered the opinion of the court.

*541Abstract of the Decision.

New trial, § 125 * —when refusal will not be reviewed. Where the record does not show the nature of a plaintiff’s suit, nor what defense defendant had thereto, it cannot be said that the trial judge exceeded his discretionary powers in refusing to set aside the verdict and grant a new trial though such verdict was rendered in the absence of defendant and his attorneys.

Mr. Justice Carnes having tried the case in the court below, took no part in this decision.