City of Chicago v. Smith ( 1915 )

Mr. Presiding Justice Fitch

delivered the opinion of the court.

3. Municipal corporations, § 864^*—when failure to prove ordinance justifies finding for defendant. Where an ordinance is not set out but is only referred to by section number in the plaintiff’s statement of claim in the Municipal Court, in an action to recover a penalty, and the ordinance was neither offered in evidence nor considered at the trial, the only finding that the trial court could make was in favor of the defendant.