#### Fred Baber, Trustee, Appellee, v. Erastus Hurst et al., Appellant.

(Not to be reported in full.)

Appeal from the Circuit Court of Edgar county; the Hon. John H. Marshall, Judge, presiding. Heard in this court at the October term, 1916.

Affirmed.

Opinion filed April 16, 1917.

Statement of the Case.

Bill by Fred Baber, trustee, complainant, against Erastus Hurst and others, defendants, to restrain the collection of a certain judgment and to vacate the same. From a decree in favor of the complainant, defendant Hurst appeals.

*40Abstract of the Decision.

1. Appeal and ebbob, § 852 * -—when recital in certificate of evidence in suit in equity is improper. Where a certificate of evidence signed by the trial judge contained a purported order for an appeal reciting that the certificate of evidence should be “presented” within ninety days, held that such recital was improper and inoperative, in a suit in chancery.

2. Appeal and ebbob, § 853*—what is function of certificate of evidence in chancery suit. The sole function of a certificate of evidence in a chancery suit is to truly set forth the evidence offered, rejected, received and considered on the hearing, and any attempt to make it subserve any other purpose is without warrant of law.

3. Cleeks of cotjets, § 5*—what clerk required to enter of record in chancery suit. All written motions and the orders made thereon are matters to be entered of record by the clerk in a chancery suit.

4. Appeal and ebbob, § 958*—when court of review bound by clerk’s record. A court of review is bound by the clerk’s record of written motions and orders made thereon entered by him on such record.

5. Appeal and ebbob, § 862*—when certificate of evidence stricken from record. A certificate of evidence should, on motion, be stricken from the record where it is not filed within the time fixed in the order allowing appeal.

S. J. Gee and T. H. Cunningham, for appellant.

W. H. Clinton and O’Hair & Rhoads, for appellee.

*

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

Mr. Justice Graves

delivered the opinion of the court.