#### William F. Tempel, appellant, v. Ferdinand L. Capps, appellee.

Gen. No. 28,391.

Judgment by confession on note. Judgment opened. New judgment for costs against plaintiff. Appeal from the Superior Court of Cook county; the Hon. John J. Sullivan, Judge, presiding. Heard in the second division of this court for the first district at the March term, 1923.

Reversed and remanded.

Opinion filed October 2, 1923.

Einar C. Howard, for appellant. Henry Pollenz, for appellee.

Mr, Justice Barnes

delivered the opinion of the court.