#### John S. Carper, Appellant, v. A. M. Myers et al., Appellees.

(Not to he reported in full.)

Appeal from the Circuit Court of Clark county; the Hon. Walter Brewer, Judge, presiding. Heard in this court at the April term, 1916.

Affirmed.

Opinion filed October 13, 1916.

Rehearing denied December 2, 1916.

Statement of the Case.

Action by John S. Carper, plaintiff, against A. M. Myers and others, defendants, to recover penalties for failure to drill oil wells in accordance with the terms of a lease, and for timber furnished by the plaintiff to the defendants. -From a judgment for plaintiff for $12.50, he appeals.

Everett Connelly, for appellant.

Arthur Poorman and Scholfield & Scholfield, for appellees.

Abstract of the Decision.

1. Appeal and error, § 1213 * —what errors successful party cannot complain of. A party in whose favor a judgment is rendered *486cannot be heard to complain of errors in the court that do not' relate to or tend in any way to affect the amount of the'verdict, but which relate solely to the right to recover.

*

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

*

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

*485Mr. Justice Craves

delivered the opinion of the court.

*4862. Appeal and ebbor, § 365 * —when judgment will not he reversed. A judgment will not be reversed on appeal for reasons Which the trial court had no opportunity to consider.

3. Appeal and ebbor, § 1035*—when rulings of trial court not considered. Rulings of the trial court not assigned as errors on the record on appeal will not be considered by the Appellate Court.