Bayfield v. Defenbacher

Mr. Presiding Justice Gridley

delivered the opinion of the court.

This writ of error is sued out to reverse a judgment of the municipal court rendered February 15, 1930, against defendant for $5,000, in an action of the 1st class in assumpsit for money had and received. The judgment was entered after a trial without a jury— the court finding the issues against defendant and assessing plaintiff’s damages at $5,000. No appearance or brief has here been filed by plaintiff.

The action was commenced on January 31, 1927. Defendant moved to strike from the files plaintiff’s original statement of claim,…