#### Louis Weber & Company, Appellee, v. Hot Point Electric Heating Company, Appellant.

Gen. No. 23,868. (Not to be reported in full.)

Abstract of the Decision.

1. Appeal and error, § 1165 * —when nothing for Appellate Court to review. In the absence of any document preserving in the record the proceedings had at the trial on which the assignments of error are based, there is nothing before the Appellate Court for review.

2. Appeal and error, § 951*—when affidavit of counsel stricken from, record on appeal. An affidavit of appellant’s counsel purporting to set forth the' proceedings at the trial -will be stricken from the record, on appeal by the Appellate Court on its own motion, where it does not appear to have been a part of the record below.

Appeal from the Municipal Court of Chicago; the Hon. Harry M. Fisher, Judge, presiding.

Heard in the Branch Appellate Court at the October term, 1917.

Affirmed.

Opinion filed January 31, 1918.

Statement of the Case.

Action by iLouis Weber & Company, a corporation, plaintiff, against Hot Point Electric Heating Company, a corporation, defendant. From a judgment for plaintiff, defendant appeals.

John R. McCabe and D. P. Pennywitt, for appellant.

Charles R. Napier and Edward Newberger, 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.