#### John W. Morsbach, Appellee, v. Collison F. Waddell, Appellant.

Gen. No. 23,251.

(Not to be reported in full.)

Abstract of the Decision.

1. Municipal Court of Chicago, § 26*—what reviewed upon striking of statement of facts. Where the statement of facts is stricken in a case tried'in the Municipal Court of Chicago before the court without a jury, only errors assigned on the common-law record will be reviewed.

2. Municipal Court of Chicago, § 16 * —when demand for fury too Tate. A demand for a jury trial in an action of the fourth class in the Municipal Court of Chicago is too late, under Rev. St. ch. 37, sec. 30 (J. & A. f 3342), when made 10 days after entry of an appearance in writing.

Appeal from the Municipal Court of Chicago; the Hon. John Courtney, Judge, presiding.

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

Affirmed.

Opinion filed March 12, 1918.

Statement of the Case.

Action by John W. Morsbach, plaintiff, against Collison F. Waddell, defendant. From a judgment for plaintiff, defendant appeals.

John M. Hess,"for appellant.

Arthur E. Nelson, for appellee.

*

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.