Fratto v. Horner

Decided November 20, 1911

Appellate Court of Illinois · decided 1911-11-20

<p>Municipal court — when ruling upon motion to vacate not subject to review. In the absence of a certificate of any kind pertaining to the issue made by the defendant on a motion to vacate and set aside a judgment, the propriety of the ruling of the court upon such motion is not presented for review where there was no correct statement of facts or stenographic report of the proceedings at the trial filed.</p>

Affirmed · Decided 1911-11-20

Mb. Justice Smith

¶1delivered tire opinion of the court.

¶2This is a writ of error to the Municipal Court of Chicago in a case of the fourth class, to reverse a judgment there entered for the plaintiffs on the default of the defendants, for the sum of $157.89.

¶3The transcript of the record here filed contains neither a correct statement of the facts and the law involved nor a correct stenographic report of the proceedings in the court below on the hearing of the defendants’ motion to vacate and set aside said judgment.

¶4The record contains no certificate of any kind by the trial court pertaining to the showing made by the defendants on the motion to vacate and set aside said judgment. The record as here filed disclosing no error, the judgment is affirmed.

¶5Affirmed.