#### George J. Sayer, Appellee, v. Andrew J. O’Connell, Appellant.

Gen. No. 21,928.

(Not to be reported in full.)

Appeal from the Municipal Court of Chicago; the Hon. Charles A. Williams, Judge, presiding. Heard in this court at the October term, 1915.

Affirmed.

Opinion filed February 14, 1916.

Statement of the Case.

Action by George J. Sayer, plaintiff, against Andrew J. O’Connell, defendant, to recover rent.

The Municipal Court entered a judgment by confession for rent and attorney’s fees, under a power contained in a lease .set forth in the statement of claim, in favor of plaintiff and against defendant for the sum of $1,181. Defendant afterwards made a motion to vacate the judgment on the single contention and claim that the court had no jurisdiction to enter it. No affidavits were filed in support of this motion and no hi aim made of meritorious def ense to the amount of the judgment or any part of it.

Defendant grounded his motion upon the fact that in the statement of claim it is recited that the lease containing the power- of attorney authorizing the confession of judgment was lost or mislaid. It appeared by an averment in the statement of claim that a sworn copy was filed in its place and this fact was not denied by defendant. It was further set forth in the statement of claim that the copy of the lease attached to such statement had been admitted by defendant in another action between the same parties to be an exact duplicate of the original lease; and it was also admitted by defendant that the original lease was executed by him. Plaintiff also averred in his statement of claim that the said lease had never been assigned *65or transferred to any other person. The trial judge denied the motion to vacate, and defendant appeals.

Abstract of the Decision.

1. JUDGMENT, § 11°~when validity preswnied. On appeal, where the evidence shows that the judgment appealed from was entered in open court, all presumptions in favor of its validity must be indulged.

2. JUnISDIcTIoN, § 38~-when not affected by loss of instrument in suit. A court is not without jurisdiction to render a judgment for rent because the original lease is lost or mislaid where a sworn copy is introduced, especially where such copy is admitted by defendant to be a true copy.

Fulton, Garey & Deutschman and D. T. Alexander, for appellant.

Stein, Mayer & Stein, for appellee.

Mr. Justice Holdom

delivered the opinion of the court.