#### Thomas Tagney for use of Florence Briscoe, Appellee, v. James A. Tabor, Appellant.

Gen. No. 22,760.

(Not to be reported in full.)

Abstract of the Decision.

1. Landlord and tenant, § 262 * —what does not constitute constriictive eviction. Misconduct of one tenant in a building cannot be considered a constructive eviction of another tenant therein.

2. Judgment, § 77*—when refusal to vacate not abuse of discretion. Discretion of court, held not to be abused in denying a motion to vacate a judgment by confession.

Appeal from the Municipal Court of Chicago; the Hon. Charles A. Williams, Judge, presiding. Heard in this court at the October term, 1916.

Affirmed.

Opinion filed March 26, 1917.

Statement of the Case.

Confession of judgment in favor of Thomas Tagney for use of Florence Briscoe, plaintiff, against James A. Tabor, defendant, for rent on a lease. From denial of defendant’s motion to have the judgment opened and for leave to plead, defendant appeals.

Sass & Hood, for appellant.

No appearance for appellee.

*

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

Mr. Presiding Justice McSurely

delivered the opinion of the court.