#### C. B. Aldrich and C. A. Chancellor, trading as Aldrich & Chancellor, Defendants in Error, v. O. R. Jeffers, Plaintiff in Error.

Gen. No. 22,689. (Not to be reported in full.)

Error to the Municipal Court of Chicago; the Hon. Charles A. Williams, Judge, presiding.

Heard in this court at the October term, 1917.

Affirmed.

Opinion filed December 17, 1917.

Statement of the Case.

Action by C. B. Aldrich and 0. A. Chancellor, trading as Aldrich & Chancellor, plaintiffs, against O. R. Jeffers, defendant. - From a judgment for plaintiffs for $735.37, defendant brings error."

Beckmah, Cottrell & Phillips, for plaintiff in error.

*144Abstract of the Decision.

1. Appeal and error, § 1306 * —when presumed that affidavit of defense was properly stricken from files. In the absence of a bill of exceptions, a motion to strike an affidavit of defense from the files and the decision of the court thereon do not become a part of the record, and it will be presumed that the action of. the court was correct in striking the affidavit from the files.

2. Appeal and error, § 1744*—when judgment affirmed. Where the only question for review is the propriety of striking an affidavit of defense from the files and such question is not preserved by the bill of exceptions, the judgment of the lower court will be affirmed.

J. J. Moser, for defendants in error.

*

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

Mr. Justice McSurely

delivered the opinion of the court.