#### McCormick Theological Seminary, Appellee, v. E. F. Thompson, Appellant.

Gen. No. 22,947. (Not to be reported in full.)

Appeal from the Municipal Court of Chicago; the Hon. Joseph Sabath, 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 McCormick Theological Seminary, a corporation, plaintiff, against E. F. Thompson, defendant, for rent. From an order "denying defendant’s motion to vacate the judgment rendered against him, defendant appeals.

Thompson, Moore & Clark, 'for appellant.

Mather & Hutson, for appellee; Claude B. Church, of counsel.

*185Abstract of the Decision.

Estoppel, § 6 * —when defendant is estopped hy record from claiming that no order placing cause on short cause calendar was entered. Where a record recited that a cause came on for trial before a jury in regular course, defendant being absent and not represented, and that it was placed on.the short cause calendar on a certain date, on which date his attorney was notified to appear, held that such record imported verity and that defendant could not be heard to say as against it that no order placing the cause on the short cause calendar was entered, in a petition to vacate the judgment entered on the trial in the absence of defendant’s attorney, irrespective of the question whether the petition stated a good cause of defense.

*

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.