#### Gleeson Brothers Company, Appellee, v. J. M. Callahan, Appellant.

Gen. No. 22,671.

(Not to be reported in full.)

Abstract of the Decision.

1. Judgment, § 142 * — when affidavits in support of motion to vacate judgment by default are insufficient. It is no abuse of discretion on the part of the trial court in refusing to vacate a judgment by default on motion supported by affidavits, where one of the affidavits is by defendant and alleges that he employed a certain attorney, had no personal knowledge that the case was to be tried the particular time and that he had a meritorious defense, and the other is by his attorney that he was ignorant of the rules of court under which the trial was had.

2. Appeal and error, § 1313* — presumption that court followed rules in calling case. It will he presumed on appeal that the trial court followed its rules in calling a case for trial.

Appeal from the Municipal Court of Chicago; the Hon. Arnold Heap, Judge, presiding. Heard in the Branch Appellate Court at the October term, 1916.

Affirmed.

Opinion filed July 19, 1917.

Statement of the Case.

Action on a contract by Gleeson Brothers Company, plaintiff, against J. M. Callahan, defendant. From a judgment for plaintiff for $169 and costs, defendant appeals.

Daniel Jerka, for appellant.

No appearance for appellee.

*

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

Mr. Presiding Justice Barnes

delivered the opinion of the court.