#### Panagiotis Kaperonis, Appellee, v. Kalodimos Brothers Ice Cream & Candy Company, Appellant.

Gen. No. 22,930. (Not to be reported in full.)

Abstract of the Decision.

1. Municipal Court op Chicago, § 13a * —when evidence of ~co-partnership is inadmissible under affidavit of merits. Evidence on behalf of defendant of a copartnership between it and plaintiff, held erroneously admitted, over plaintiff’s objection, under rule 17 of the Municipal Court, relating to the requisites of an affidavit of merits, where the only defense set up in such affidavit was that neither the balance set up in plaintiff’s statement of claim nor any other sum was due from defendant to plaintiff.

2. Appeal and error, § 1238*—when party cannot complain of judgment. Appellant may not complain of a judgment which cannot be reversed except by considering evidence which he improperly introduced.

Appeal from the Municipal Court of Chicago; the Hon. Harby C. Moran, Judge, presiding.

Heard in the Branch Appellate Court at the October term, 1916.

Affirmed.

Opinion filed December 21, 1917.

Statement of the Case.

Action by Panigiotis Kaperonis, plaintiff, against Kalodimos Brothers Ice Cream & Candy Company, a corporation, defendant, to recover a balance of $1,289.36 due for wages on account of services. From a judgment for plaintiff, defendant appeals.

Thompson, Tyrrell & Chambers, for appellant.

A. A. Pantelis, for appellee; Alexander J. Besa, of counsel.

*

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

Mr. Justice Matchett

delivered the opinion of the court.