#### Oscar D. Olson, Executor, Plaintiff in Error, v. Pennsylvania Company, Defendant in Error.

Gen. No. 18,517.

(Not to be reported in full.)

Error to the Municipal Court of Chicago; the Hon. Hugh R. Stewart, Judge, presiding.

Heard in the Branch Appellate Court at the October term, 1912.

.Affirmed.

Opinion filed December 4, 1913.

Statement of the Case.

Action by Oscar D. Olson, executor of the will of George B. Gibson, deceased, against Pennsylvania Company, a corporation, to recover a certain sum de*61ceased had on deposit in the “Employees’ Saving Fund of the Pennsylvania Lines west of Pittsburg.” The defense was that said sum was not a part of the estate of the deceased and that it was paid to the mother of the deceased, who was rightfully entitled thereto. From a judgment in favor of defendant, plaintiff brings error.

Abstract of the Decision.

1. Municipal court of Chicago, § 26 * —presumption in the absence of a correct statement of facts. In the absence of a correct statement of the facts appearing upon the trial, it must he presumed that there was sufficient evidence to warrant the finding and judgment.

2. Municipal court of Chicago, § 26 * —when statement of facts insufficient. A statement of facts reciting that the cause was heard on a stipulation of facts is insufficient where such stipulation is not appended to or in anyway made a part of the statement of facts.

3. Appeal and error, § 761 * —when stipulation of facts is not a part of the record. A stipulation of facts appearing in the transcript of the record as having been filed in the cause is not a part of the record so that it may be considered on review.

David G. Einstein, for plaintiff in error.

Loesch, Scofield & Loesch, for defendant in error.

*

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

Mr. Justice Gridley

delivered the opinion of the court.