Opinion
Gen. No. 44,583. (Abstract of Decision.)
Opinion filed December 15, 1948 Released for publication January 5, 1949
APPEAL AND ERROR, § 1281 — presumption of correctness of order denying motion. On defendant's appeal from order denying motion to "vacate or satisfy" judgment for possession in forcible detainer action on ground that a new tenancy had been created by payment and acceptance of rent covering a period ending after date to which writ of restitution had been stayed, Appellate Court would presume that order was correct where there was no report of proceedings in record and no certificate of trial court as to what transpired at hearing on motion, and procedure for making and certifying agreed cases had not been followed (Ill. Rev. Stat. 1947, ch. 110, par. 209; Jones Ill. Stats. Ann. 104.085; Supreme Court Rules, Rule 48).
See Callaghan's Illinois Digest, same topic and section number.
Appeal from the Municipal Court of Chicago; the Hon. WENDELL L. GREEN, Judge, presiding.
Judgment affirmed. Heard in the third division, first district, this court at the October term, 1948.
Irving E. Hollobow and Laurence C. Warren, for appellant;
Sherman H. Canty, for appellee;
Harry C. Kinne, of counsel.
Not to be published in full. Opinion filed December 15, 1948; released for publication January 5, 1949.