#### Albert B. Yudelson, Plaintiff in Error, v. Philip Winterberg, Defendant in Error.

Gen. No. 18,821.

(Not to be reported in full.)

Error to the Municipal Court of Chicago; the Hon. Perry L. Persons, Judge, presiding.

Heard in the Branch Appellate Court at the March term, 1913.

Affirmed.

Opinion filed March 26, 1914.

Rehearing denied April 9, 1914.

Statement of the Case.

Action by Albert B. Yudelson against Philip Winterberg to recover a sum claimed by the plaintiff to be due him for services as a physician. The defendant interposed a set-off and claimed that part of the services rendered by plaintiff were rendered before he had a license to practice medicine. On a trial before the court without a jury the court found in favor of defendant upon both items of defense and rendered judgment for plaintiff for seven dollars. Plaintiff sues out a writ of error to reyerse the judgment.

*455Abstract of the Decision.

1. Municipal Coubt of Chicago, § 25 * —time for suing out writ of error. Motion to dismiss writ of error to review a judgment of the Municipal Court on the ground that it was not sued out within thirty days as required by section 23 of the Municipal Court Act, J. & A. jf 3335, denied for the reason that such section had been held unconstitutional.

2. Municipal Coubt of Chicago, § 18 * —when motion for non-suit comes too late. Under section 30 of the Municipal Court Act, J. & A. If 3342, a motion for nonsuit comes too late when made after the court had stated in substance what his finding would be, though made before the court made formal announcement of his finding.

Israel Cower, for plaintiff in error.

Blum & Blum, for defendant in error.

*

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

Mr. Presiding Justice Fitch

delivered the opinion of the court.