#### C. A. Anderson, Appellee, v. H. P. Crane, Appellant.

Gen. No. 5,794.

(Not to be reported in full.)

Abstract of the Decision.

1. Account stated, § 5 * —effect of retention of statement rendered. Pact an account is rendered and retained without objection, after the expiration of a reasonable time within which to object to the correctness of the charges, tends to establish an admission by debtor of the correctness of the bill.

2. Evidence, § 259 * —when totals instead, of items competent to prove account. A book containing totals, held competent evidence' to prove an account where the itemized account has been destroyed by fire.

3. Appeal and error, § 472 * —what necessary to preserve objection to conduct of trial judge. Objection to conduct of trial judge in asking questions cannot be first urged on appeal.

4. Appeal and error, § 511 * —when general objection to secondary evidence insufficient. General objection insufficient to reach improper admission of oral evidence to establish the contents of a statement of account sent to the debtor, where failure to notify debtor to produce the original is relied on to show such evidence was incompetent.

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

Affirmed.

Opinion filed August 2, 1913.

Statement of the Case.

Action by C. A. Anderson against H. P. Crane to recover for labor performed for defendant by plaintiff’s employe. From a judgment in favor of plaintiff, defendant appeals.

Charles B. Hazlehurst and George D. Carbary, for appellant.

Harry G. Hempstead, for appellee.

*

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

Mr. Justice Dibell

delivered the opinion of the court.