#### Hyman Lew, Appellee, v. Jacob Katz et al., Appellants.

Gen. No. 19,368.

(Not to be reported in full.)

Abstract of the Decision.

1. Municipal Court of Chicago, § 15 * —what necessary to secure attendance of adverse party for purpose of cross-examination. To entitle a party to secure the presence of the adverse party in court for the purpose of cross-examining him under section 33 of the Municipal Court Act, J. & A. If 3345, he must secure the attendance of such party in the same manner that the attendance of witnesses is obtained.

2. Costs, § 67*—when appeal prosecuted for delay. Record held to show that appeal was prosecuted merely for delay and statutory ten per cent, damages allowed.

Appeal from the Municipal Court of Chicago; the Hon. Henry C. Beitler, Judge, presiding. Heard in the Branch Appellate Court at the March term, 1913.

Affirmed.

Opinion filed July 2, 1914.

Statement of the Case.

Action by Hyman Lew against Jacob Katz, Joseph Katz, L. P. Ellman, D. M. Smith, S. E. EHman, Sidney M. Weil and Morris Katz, to recover on a promissory note for $1,200 signed by the defendants and made payable to themselves and then indorsed. From a judgment in favor of plaintiff for $1,288, defendant appeals.

Frank & Lurie, for appellants.

Benjamin B. Morris, for appellee.

*

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

Mr. Justice Scanlan

delivered the opinion of the court.