W. W. Wilcox Company, Defendant in Error, v. J. E. Ingram, Plaintiff in Error.

Gen. No. 18,557.

(Not to be reported in full.)

Error to the Municipal Court of Chicago; the Hon. Charles E. Jennings, Judge, presiding.

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

Affirmed.

Opinion filed December 4, 1913,

nunc pro tunc as of December 2, 1913.

Rehearing denied December 16, 1913.

Statement of the Case.

Action by W. W. Wilcox Company, a corporation, against J. E. Ingram on a claim for goods sold and delivered, work and materials furnished, money received by defendant for use of plaintiff, interest on divers sums of money and money due on account stated. From a judgment in favor of plaintiff for $368.19, defendant brings error.

*50Abstract of the Decision.

Municipal court of Chicago, § 26*—when stenographic report improperly filed nunc pro tunc. Where a stenographic report is presented to and signed by the trial judge within apt time, an order of court entered nearly eight months thereafter permitting it to be filed nunc pro tunc as of the day it was presented to and signed by the trial judge is void and of no effect, and the stenographic report may on motion be stricken from the record.

Simon T. Sutton and H. J. Rosenberg, for plaintiff in error; James D. Power, of counsel.

E. C. Ferguson, for defendant in error.

Mr. Presiding Justice McSurely

delivered the opinion of the court.