#### Roy C. Holbrook, Defendant in Error, v. L. C. Lawton, Plaintiff in Error.

Gen. No. 22,670.

(Not to be reported in full.)

Error to the Circuit Court of Cook county; the Hon. Lockwood Honoré, Judge, presiding. Heard in the Branch Appellate Court at the October term, 1916.

Dismissed.

Opinion filed October 10, 1917.

Statement of the Case. .

Action in assumpsit by Boy C. Holbrook, plaintiff, against L. C. Lawton, defendant. From a judgment for plaintiff by default, defendant brings error.

See Holbrook v. Lawton, Gen. No. 22,356, ante, p. 497, in which an appeal was taken by plaintiff from an order vacating and setting aside the judgment.

John S. Miller and IíEanierre & Pratt, for plaintiff in error.

Heldman, Jacobson & Graff and Thomas J. Dawson, for defendant in error; William E. Baffertv, of counsel.

*506Abstract of the Decision.

Appeal and error, § 9* — when writ of error to review and reverse ■judgment dismissed. A writ of error to review and reverse a judgment taken by default will be dismissed where, on an appeal from an order vacating and setting aside the judgment, the judgment of the lower court was affirmed, as the reason for the writ of error failed.

Mr. Justice Taylor

delivered the opinion of the court.