#### Peyton E. Kries, appellant, v. W. W. Hughes, appellee.

Judgment, taken on a judgment note, opened and defense allowed. Judgment for defendant. Appeal from the Circuit Court of Sangamon county; the Hon. E. S. Smith, Judge, presiding. Heard in this court at the April term, 1922.

Reversed and remanded.

Opinion filed October 25, 1922.

George B. Gillespie, for appellant; George M. Gillespie and Thomas E. Gillespie, of counsel. W. St. J. Wines, for appellee.

Mr. Presiding Justice Niehaus

delivered the opinion of the court.