#### Overland Motor Company, Appellee, v. W. C. Foster, Appellant.

Gen. No. 22,690.

(Not to be reported in full.)

Abstract of the Decision.

1. Municipal Court of Chicago, § 27 * —necessity that record on appeal contain rules. No advantage may be taken on appeal of an error of the Municipal Court based upon a rule of that court where neither the abstract of the record nor the bill of exceptions made a part of the record contains proof of such rule, as judicial notice will not be taken of the Municipal Court rules.

2. Municipal Court of Chicago, § 29*—when statement of claim is sufficient on appeal. The statement of claim filed, held sufficient as showing a cause of action when questioned for the first time on appeal.

Appeal from the Municipal Court of Chicago; the Hon. John K. Pbindiville, Judge, presiding. Heard in this court at the October term, 1916.

Affirmed.

Opinion filed March 12, 1917.

Rehearing denied March 26, 1917.

Statement of the Case.

Action by Overland Motor Company, a corporation, plaintiff, against W. C. Foster, defendant, to recover $14.61 for goods, wares and merchandise sold and delivered, and for labor done and performed for defendant at his request. From a judgment for plaintiff for the amount claimed, defendant appeals.

Fulton, Carey & Deutschman, for appellant.

Underwood & Smyser, for appellee.

*

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

Mr. Justice Dever

delivered the opinion of the court.