{
  "id": 5232323,
  "name": "Althea Beal, Plaintiff-Appellee, v. Peter P. Booras, Also Known as P. P. Booras, Defendant-Appellant",
  "name_abbreviation": "Beal v. Booras",
  "decision_date": "1961-11-06",
  "docket_number": "Gen. No. 11,545",
  "first_page": "304",
  "last_page": "307",
  "citations": [
    {
      "type": "official",
      "cite": "32 Ill. App. 2d 304"
    }
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  "court": {
    "name_abbreviation": "Ill. App. Ct.",
    "id": 8837,
    "name": "Illinois Appellate Court"
  },
  "jurisdiction": {
    "id": 29,
    "name_long": "Illinois",
    "name": "Ill."
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  "cites_to": [
    {
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      "category": "reporters:state_regional",
      "reporter": "N.E.2d",
      "opinion_index": 0
    },
    {
      "cite": "383 Ill 127",
      "category": "reporters:state",
      "reporter": "Ill.",
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        2486401
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      "opinion_index": 0,
      "case_paths": [
        "/ill/383/0127-01"
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    {
      "cite": "109 NE2d 222",
      "category": "reporters:state_regional",
      "reporter": "N.E.2d",
      "opinion_index": 0
    },
    {
      "cite": "348 Ill App 341",
      "category": "reporters:state",
      "reporter": "Ill. App.",
      "case_ids": [
        5099063
      ],
      "opinion_index": 0,
      "case_paths": [
        "/ill-app/348/0341-01"
      ]
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  "last_updated": "2023-07-14T19:43:29.997189+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [
      "WRIGHT and CROW, JJ., concur."
    ],
    "parties": [
      "Althea Beal, Plaintiff-Appellee, v. Peter P. Booras, Also Known as P. P. Booras, Defendant-Appellant."
    ],
    "opinions": [
      {
        "text": "SPIVEY, P. J.\nIn this appeal defendant-appellant contends, among other assignments of error, that he was improperly-denied a trial by jury.\nPlaintiff\u2019s complaint for declaratory judgment was filed in the Circuit Court of Rock Island County on the law side. Plaintiff made no demand for a trial by jury.\nDefendant filed with the Clerk of the Circuit Court a verified pleading as a single document consisting of an answer and counterclaim for damages arising out of the same transaction.\nFollowing the verification of the pleading, there appears the following, \u201cDefendant demands a trial by jury in the above entitled cause. (Signed) Peter P. Booras.\u201d\nPlaintiff filed a reply to the answer and counterclaim.\nThe record discloses and the plaintiff-appellee admits in her brief and argument that the issues as joined present issues of fact.\nPrior to a hearing on the issues, the defendant filed a motion to strike the cause of action from the non-jury calendar for the reason that defendant had filed a proper and timely jury demand as provided by Section 64 of the Civil Practice Act.\nA hearing on this motion was heard before Judge George O. Hebel who entered the following order,\n\u201c. . . and the Court having examined the pleadings on file herein, . . . and being fully advised in the premises finds that the defendant as a part of his pleading entitled \u2018Answer and Counterclaim\u2019 and separately signed at the conclusion thereof demanded a trial by jury, but the said demand was not separately captioned and therefore not properly filed as required by Section 64 of the Illinois Civil Practice Act.\n\u201cIt is therefore ORDERED that the aforesaid Motion be and the same hereby is overruled and a trial by jury of the issues herein be and the same hereby is denied.\n\" . . . \"\nA trial without a jury was had on the issues as joined consisting of evidence, testimony, exhibits and argument of counsel.\nThe declaratory judgment entered in substance found the issues for the plaintiff on the complaint and found that there was insufficient evidence to support the allegations of the counterclaim. Concluding, the judgment ordered the relief as prayed in the complaint and dismissed and denied the counterclaim.\nSection 64 of the Civil Practice Act, Chap 110, Sect 64, Ill Rev Stats 1959, c 110, \u00a7 64, provides in part, \u201cA defendant desirous of a trial by jury must file a demand therefor not later than the filing of his answer.\u201d\nAxiomatic is the rule that courts will jealously guard the right of a person to a trial by jury.\nSection 64 of the Civil Practice Act will always he liberally construed to accord a litigant the right to such a trial. Rozell v. Gniadek, 348 Ill App 341, 109 NE2d 222, and Stephens v. Kasten, 383 Ill 127, 48 NE2d 508.\nThe demand in this case was filed with the clerk simultaneously with and not later than the filing of his answer.\nThe plain language of Section 64 in no wise requires the constitutional or statutory right to a trial by jury to he separately captioned either as a separate instrument or otherwise.\nThe trial court erred in not affording the defendant a trial by jury.\nConsideration of other assigned errors is unnecessary in that this case must he reversed and remanded.\nThe action of the Circuit Court of Rock Island County is reversed and remanded with directions to allow defendant\u2019s motion to strike the cause of action from the non-jury calendar and afford the defendant a new trial by jury.\nReversed and remanded with directions.\nWRIGHT and CROW, JJ., concur.",
        "type": "majority",
        "author": "SPIVEY, P. J."
      }
    ],
    "attorneys": [
      "Harold C. Lounsberry, of Bock Island, for appellant.",
      "Dan H. McNeal, of Moline, for appellee."
    ],
    "corrections": "",
    "head_matter": "Althea Beal, Plaintiff-Appellee, v. Peter P. Booras, Also Known as P. P. Booras, Defendant-Appellant.\nGen. No. 11,545.\nSecond District, Second Division.\nNovember 6, 1961.\nHarold C. Lounsberry, of Bock Island, for appellant.\nDan H. McNeal, of Moline, for appellee."
  },
  "file_name": "0304-01",
  "first_page_order": 314,
  "last_page_order": 317
}