#### Edson R. Gilbert and William H. Dunn, Appellants, v. Robert M. Sweitzer, County Clerk, et al., Appellees.

Gen. No. 23,630.

(Not to be reported in full.)

Abstract of the Becision.

1. Appeal and error, § 1718 * — what constitutes waiver of constitutional Questions. An appeal to the Appellate Court constitutes a waiver of all questions as to the constitutionality of statutes raised in the court below.

2. Injunction, § 191* — when Mil to enjoin payment of salaries to probation officers under Juvenile Court Act is insufficient. Bill to enjoin payment of salaries of probation officers appointed under the Juvenile Court Act on the ground that such appointment was *439made by the judges without request from the clerk of the Circuit Court, and was without warrant of law; that the order of appointment designated such officers by names descriptive of the duties to he performed by them, such as “Director Juvenile Psychopathic Institute,” etc., and that the act was being maladministered, held insufficient to state a cause of action.

*438Appeal from the Superior Court of Cook county; the Hon. Martin M. Gridley, Judge, presiding. Heard in the Branch Appellate Court at the October term, 1917.

Affirmed.

Opinion filed June 14, 1918.

Statement of the Case.

Bill by Edson R. Gilbert and William H. Dunn, complainants, against Robert M. Sweitzer, as county clerk of Cook county, and Henry Stuckart, as county treasurer, defendants, to enjoin the payment of salaries to 115 persons holding positions as probation officers in the Juvenile Court of Cook county. From a decree dismissing the bill for want of equity, complainants appeal.

Charles S. McNett, for appellants.

Maclay Hoyne and Robert E. Hogan, for appellees; Holt, Cutting & Sidley, 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.