5 N.E.2d 217 | Ill. | 1936
In a partition suit filed by Robert C. Hooper and James H. Hooper against Ernest Victorson and Norman Fox in the superior court of Cook county, Fox, one of the defendants and the present appellee, moved to strike the complaint because the issues involved had been disposed of in a previous proceeding, entitled Victorson v. Sundberg. The court granted the motion and the complaint was dismissed. The present appeal followed. *614
Only one error has been assigned — i. e., that the court erred in granting the motion to dismiss and that the case should have proceeded by compelling the defendant to answer.
The brief of appellants consists of only one sentence, stating that "a motion to strike the complaint acts as a demurrer and admits the truth of the allegations of the complaint." No brief was filed by appellee. The abstract of only two pages fails to contain any such reference to the former suit as would enable this or any other court to pass judgment upon either the merits or the pleadings. Rule 38 requires a complete abstract of the record, and we have held that we will not search the record for errors not disclosed by the abstract. (Shumway v. Shumway,
For lack of a sufficient brief and abstract the judgment is affirmed.
Judgment affirmed. *615