#### John R. Gage, administrator of the estate of Thomas E. Gage, deceased, appellee, v. City of Vienna, Illinois, appellant.

Appeal from the Circuit Court of Johnson county; the Hon. A. W. Lewis, Judge, presiding. Heard in this court at the March term, 1918.

Affirmed on striking bill of exceptions for not having been filed in time.

Opinion filed November 1, 1918.

John O. Cowan, Spann & Spann, Cowan & Huffman and Mansfield & Cowan, for appellant.

O. R. Morgan, C. S. Miller and H. Robert Fowler, for appellee.

Mr. Justice McBride

delivered the opinion of the court.