#### Frank C. Dixon, Appellee, v. Smith-Wallace Shoe Company, Appellant.

Gen. No. 23,551.

(Not to be reported in full.)

Abstract of the Decision.

1. Evidence, § 228 * —when judgments of courts of record are admissible. Judgments of courts of record must, to he admissible ‘in evidence, be proven in conformity to Rev. St. ch. 51, sec. 13 (J. & A. ¶ 5530).

2. Maaicious prosecution, § 74*—when evidénce is insufficient to establish fact of action or of judgment. In an action to recover for alleged malicious prosecution of a civil action in a foreign State, the testimony of the plaintiff as to such judgment and of another witness as to such action, held to be insufficient to establish the fact of the action or of the judgment.

Appeal from the Circuit Court of Cook county; the Hon. Richard S. Tuthiia, Judge, presiding. Heard in this court at the October. term, 1916.

Reversed with judgment of nil capiat and for costs.

Opinion filed March 12, 1917.

Rehearing denied March 26, 1917.

Statement of the Case.

Action by Frank C. Dixon, plaintiff, against Smith-Wallace Shoe Company, a corporation, defendant, to recover for alleged malicious prosecution of a foreign civil action. From a judgment for plaintiff, defendant appeals.

Brothers & Fairfield, for appellant; Elmer D. Brothers, of counsel.

Brady, Rutledge & Devaney, for appellee; Andrew Rutledge, of counsel.

*

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

Mr. Justice Holdom

delivered the opinion of the court.