Opinion
Gen. No. 44,373. (Abstract of Decision.)
Opinion filed May 24, 1948 Rehearing denied June 7, 1948 Released for publication June 8, 1948
APPEAL AND ERROR, § 1855 — affirmance because of state of record. Denial of defendant's motion for new trial in forcible detainer action on ground of alleged newly discovered evidence consisting of a written lease was affirmed where there was no transcript of proceedings on original trial, and there was nothing in record, except trial court's statements on hearing on defendant's motion, to show issues of fact presented on trial, and such statements showed that written lease contradicted defendant's testimony, and it did not appear that such lease would be conclusive of defendant's right to possession.
See Callaghan's Illinois Digest, same topic and section number.
Appeal from the Municipal Court of Chicago; the Hon. WENDELL E. GREEN, Judge, presiding.
Order affirmed. Heard in the first division, first district, this court at the February term, 1948.
Van Natta Van Natta and Johan Waage, for appellant;
Hart Raphael, for appellees; Max Raphael, of counsel.
Not to be published in full. opinion filed May 24, 1948; rehearing denied June 7, 1948; released for publication June 8, 1948.