Valentine Woods, Defendant in Error, v. Norman McCrimmin, Plaintiff in Error.

Gen. No. 22,081.

(Not to be reported in full.)

Error to the Municipal Court of Chicago; the Hon. William- N. Gemmill, Judge, presiding. Heard in the Branch Appellate Court at the March term, 1916.

Affirmed.

Opinion filed March 20, 1917.

Statement of the Case.

Action by Valentine Woods, plaintiff, against Norman McCrimmin, defendant, to recover damages for the alleged wrongful death of plaintiff’s horse. From a judgment for plaintiff for two hundred dollars, defendant brings error.

*400Abstract of the Decision.

1. Limitation of actions, § 108 * —necessity of pleading statute. The Statute of Limitations is an affirmative defense and must be specially pleaded in order to be availed of.

2. Municipal Coubt of Chicago, § 27*—when rules of must he in hill of exceptions. Questions based upon the rules of the Municipal Court of Chicago cannot be passed upon by the Appellate Court in the absence of a preservation of the rules in the bill of exceptions, as the Appellate Court will not take judicial notice of such rules.

3. Municipal Coubt of Chicago, § 28*—when objection to verdict is too late. Where no instruction was asked to eliminate a charge of malice from a tort claim, nor objection made in the trial court to the form of a verdict against the defendant on the ground that it could not be determined from such verdict whether the defendant was found guilty of a tort as charged in the original statement of the claim, or of malice as charged in an amendment thereto, held that such objection came too late when first made on review.

William T. Baird, for plaintiff in error.

Albert Hassell, for defendant in error.