#### The People of the State of Illinois ex rel. City Council of the City of Chicago, Appellee, v. Board of Education of the City of Chicago, Appellant.

Gen. No. 23,104.

(Not to be reported in full.)

Appeal from the Circuit Court of Cook county; the Hon. Kick-ham Soanlan, Judge, presiding. Heard in this court at the March term, 1917.

Affirmed.

Opinion filed July 9, 1917.

Statement of the Case.

Petition for mandamus by the People of the State of Illinois, on relation of the City Council of the City of Chicago, petitioner, against the Board of Education of the City of Chicago, respondent, praying that said board be commanded to give to the city council full and complete access to all books, records, documents and information concerning the receipt and expenditure of moneys in possession of the board. An appeal was taken to the Appellate Court and as decided in the Supreme Court improvidently sent to the Supreme Court by a certificate of importance and the *169appeal dismissed. See 198 Ill. App. 195 and 275 Ill. 195. Under the Appellate Court’s mandate the case was redocketed in the trial court. From a judgment sustaining demurrers to the answer, respondent appeals.

Abstract of the Decision. ,

Appeal and error, § 1094* — when reply brief is defective. It is the duty of the Appellate Court to review the. record as made in the trial court, and a reply brief is defective where it injects new matter into the case.

Angus Boy Shannon, for appellant; Chauncey M. Millar and John E. Foster, of counsel.

Donald B. Bichberg, for appellee.

Mr. Presiding Justice Holdom

delivered the opinion of the court.