#### The People of the State of Illinois for use of County of Cook and A. C. Wegner, Plaintiff in Error, v. Mutual Life Insurance Company of New York, Defendant in Error.

Gen. No. 18,710.

(Not to be reported in full.)

Error to the Municipal Court of Chicago; the Hon. Freeman K. Blake, Judge, presiding. Heard in the Branch Appellate Court at the October term, 1912.

Affirmed.

Opinion filed November 4, 1913.

Statement of the Case.

Action by the People of the State of Illinois for the use of the County of Cook and A. C. Wegner ex rel.

*187Abstract of the Decision.

1. Appeal and error, § 1410 * —when evidence will not he reviewed. A judgment will not be reversed as against the preponderance of evidence unless it is manifestly against the weight of the evidence.

2. Appeal and error, § 1632 * —how improper remarks of counsel are cured. Improper remarks of counsel will not reverse where the court sustains objections and strikes out the remarks and it does not appear that the remarks influenced the jury.

A. C. Wegner as informer, against the Mutual Life Insurance Company of New York, a corporation, to recover a penalty for the giving of rebates. From a verdict of not guilty, plaintiff brings error.

Frank H. Culver, for plaintiff in error.

Winston, Payne, Strawn & Shaw, for defendant in error; Edward W. Everett, of counsel.

*

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

Mr. Presiding Justice F. A. Smith

delivered the opinion of the court.