#### Marie Bamie, appellee, v. George Milauckas, appellant.

Gen. No. 7,869.

Action for assault and battery. Judgment for plaintiff by default. Appeal from the Circuit Court of Sangamon county; the Hon. Elbert S. Smith, Judge, presiding. Heard in this court at' the April term, 1925. Certiorari denied by Supreme Court (malting the opinion final).

Affirmed conditionally.

Opinion filed June 27, 1925.

Sherman, Bainum & Pree, for appellant.

John G. Friedmeyer and Wm. J. Lawler, for appellee.

Mr. Justice Crow

delivered the opinion of the court.