#### City of Chicago, Defendant in Error, v. John Niesdesmialek, Plaintiff in Error.

Gen. No. 20,045.

(Not to be reported in full.)

Abstract of the Decision.

Municipal Court of Chicago, % 26 * —insufficiency of statement of facts. A “statement of facts” consisting of a mere narrative of witnesses’ testimony, or its substance, will be stricken from the record upon motion, since such a document does not meet the requirement of the Municipal Court Act, § 23; If 6, (Hurd’s R. S. 1913, ch. 37, § 286, J. & A. T 3335), and assignments of error based entirely upon such a document cannot be considered on appeal.

Error to the Municipal Court of Chicago; the Hon. David Sullivan, Judge, presiding. Heard in the Branch Appellate Court at the March term, 1914.

Affirmed.

Opinion filed December 22, 1914.

Statement of the Case.

Action by the City of Chicago against John Niesdesmialek. From a judgment in favor of the plaintiff defendant brings error.

A. S. Lakey, for plaintiff in error.

William H. Sexton and James S. McInerney, for defendant in error; Albert J. W. Appell, of counsel.

*

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

Mr. Presiding Justice Barnes

delivered the opinion of the court.