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Jack Friedman, Appellee, v. Helmuth Kase, Appellant.

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.

Opinion by JUSTICE KILEY.

Not to be published in full. Opinion filed December 15, 1948; released for publication January 5, 1949.

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FRIEDMAN v. KASE
(Dec 15, 1948)