#### Wolf, Sayer & Heller, Appellant, v. T. R. Tessem, Appellee.

Gen. No. 21,041.

(Not to be reported in full.)

Appeal from the Circuit Court of Cook county; the Hon. Oscar E. Heard, Judge, presiding. Heard in the Branch Appellate Court at the October term, 1914.

Affirmed.

Opinion filed March 15, 1916.

Statement of the Case.

Action of replevin by Wolf, Sayer & Heller, a corporation, plaintiff, against T. R. Tessem, defendant. From an order on motion of defendant dismissing the suit and for a return of the property taken under the writ, plaintiff appeals.

On July 11, 1913, a writ of replevin was served on T. R. Tessem, defendant, who on July 17th entered his appearance. On September 4, 1914, upon motion of *286and notice thereof, the court dismissed the suit and ordered a return of the property taken under the aforementioned writ.

Abstract of the Decision.

Appeal and ekrob, § 1295 * —when action of court in dismissing action presumed proper. Where record of action of replevin before Appellate Court, certified to be complete, consists only of affidavit for replevin, the writ, bond, appearance of defendant, motion to dismiss and order of dismissal, which latter was entered after the cause had been pending longer than a year, and no declaration was filed during such time, and there is nothing in the record to indicate why the cause is dismissed, the action of the court in so doing must be presumed to be proper.

The record before the Appellate Court (certified to be complete) consisted of the affidavit for repleving, the writ of repleving, the replevin bond, the appearance of the defendant, the motion to dismiss the cause, and the order of dismissal. Although the cause was pending for more than a year at a time it was dismissed, no declaration was ever filed. The record contained no bill of exceptions, stenographic report or statement of facts.

C. C. Collins, for appellant.

Herman Welk, for appellee; Jesse Wilcox, of counsel.

*

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

Mr. Presiding Justice Pam

delivered the opinion of the court.