#### The People of the State of Illinois ex rel. James O’Brien, Defendant in Error, v. City of Chicago et al., Plaintiffs in Error.

Gen. No. 21,797.

(Not to be reported in full.)

Error to the Circuit Court of Cook county; the Hon. John Gibbons, Judge, presiding. Heard in the Branch Appellate Court at the October term, 1915.

Writ dismissed.

Opinion filed March 28, 1917.

Statement of the Case.

Mandamus by the People of the State of Illinois on the relation of James O’Brien, relator, against the City of Chicago, Harmon M. Campbell, Elton Lower and John J. Flynn, Civil Service Commissioners of the City of Chicago, Thomas O’Connor, fire marshal, and Michael Zimmer, comptroller of the City of Chicago, respondents, to compel respondents to place relator’s name on the roster of pipemen of the fire department of the City of Chicago. From a judgment for relator, respondents bring error.

Samuel A. Ettelson, for plaintiffs in error; Boy S. G-askill,. of counsel.

No appearance for defendant in error.

*517Abstract of the Decision.

Appeal and error, § 1111 * —when case dismissed for failure to file brief. Under Rule 22 of the Appellate Court, on appellant’s failure to file brief of counsel, writ of error will be dismissed when cause is reached in its regular order, notwithstanding appellee has filed no appearance or brief, as appellee is not required to file appearance by any given day, or brief until appellant has filed one.

*

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

Mr. Justice Goodwin

delivered the opinion of the court.