#### J. E. McCoy et al., Appellees, v. Acme Automatic Printing Company, Appellant.

Gen. No. 21,392.

(Not to be reported in full.)

Appeal from the Municipal Court of Chicago; the Hon. Harry Olson, Judge, presiding. Heard in the Branch Appellate Court at the March, term, 1915.

Appeal dismissed.

Opinion filed July 20, 1916.

Statement of the Case.

Motion to dismiss appeal as prematurely taken.

A. Gr. Dicus, for appellant.

Baker & Holder, for appellees.

*56Abstract of the Decision.

Appeal and ebbor, § 269 * —when appeal prematurely taken. Where at the time an appeal is taken there is pending before the trial court a motion to vacate the judgment from which it is taken, the judgment is not final, and the appeal is prematurely taken.

*

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

Mr. Justice McDonald

delivered the opinion of the court.