#### Jacob Gottlieb, Appellee, v. Andrews & Company, Appellant.

Gen. No. 24,144.

(Not to be reported in full.)

Appeal from the Municipal Court of Chicago; the Hon. John F. Haas, Judge, presiding. Heard in this court at the March term, 1918.

Affirmed.

Opinion filed July 1, 1918.

*500Abstract of the Decision.

1. Municipal Court op Chicago, § 19 * — when right to judgment on pleadings not waived. Under Hurd’s Rev. St. ch. 110, sec. 55 (J. & A. 1T 8592) where, in an action to recover back payments made under a contract during infancy, plaintiff sets forth in his statement of claim that he, while under the age of 21, entered into a contract with defendant under which he agreed to purchase certain shares of stock, that he paid a specified sum thereon, that he became of age on a specified date and thereafter disaffirmed the contract and demanded the return of the amount so paid, and files an affidavit in support of his statement and it does not appear that defendant filed any affidavit denying the allegations of the statement of claim or in support of any defense to the action, plaintiff is entitled to a judgment, and his right is not waived by the introduction of evidence in support of the statement of claim.

2. Municipal Court op Chicago, § 29* — what not judicially noticed on appeal. The Appellate Court wrill not take judicial notice of the rules of the Municipal Court of Chicago.

Statement of the Case.

Action by Jacob Gottlieb, plaintiff, against Andrews & Company, a corporation, defendant, to recover back payments made by plaintiff, during infancy, on a contract for the purchase of corporate stock entered into by him during infancy and disaffirmed after coming of age. From a judgment for plaintiff for $155, defendant appeals.

Maurice Alschuler, for appellant.

Maguire & Mooney, for appellee.

*

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

Mr. Presiding Justice Dever

delivered the opinion of the court.