{
  "id": 2561871,
  "name": "Wilburn B. Smock, Plaintiff, v. Nolan M. Williamson, D & M Rentals, Inc., Tempco Products Co., a Corporation, Defendants; Doice Gunnels, Plaintiff, v. Tempco Products Co., a Corporation, D & M Rentals, Inc., and Nolan M. Williamson, Defendants",
  "name_abbreviation": "Smock v. Williamson",
  "decision_date": "1967-02-14",
  "docket_number": "Gen. No. 66-78",
  "first_page": "218",
  "last_page": "219",
  "citations": [
    {
      "type": "official",
      "cite": "80 Ill. App. 2d 218"
    }
  ],
  "court": {
    "name_abbreviation": "Ill. App. Ct.",
    "id": 8837,
    "name": "Illinois Appellate Court"
  },
  "jurisdiction": {
    "id": 29,
    "name_long": "Illinois",
    "name": "Ill."
  },
  "cites_to": [
    {
      "cite": "202 NE2d 880",
      "category": "reporters:state_regional",
      "reporter": "N.E.2d",
      "opinion_index": 0
    },
    {
      "cite": "53 Ill App2d 179",
      "category": "reporters:state",
      "reporter": "Ill. App. 2d",
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        5801006,
        5800775
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      "case_paths": [
        "/ill-app-2d/53/0179-01",
        "/ill-app-2d/53/0179-02"
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    },
    {
      "cite": "214 NE2d 624",
      "category": "reporters:state_regional",
      "reporter": "N.E.2d",
      "opinion_index": 0
    },
    {
      "cite": "67 Ill App2d 437",
      "category": "reporters:state",
      "reporter": "Ill. App. 2d",
      "case_ids": [
        5289171
      ],
      "opinion_index": 0,
      "case_paths": [
        "/ill-app-2d/67/0437-01"
      ]
    },
    {
      "cite": "147 NE2d 371",
      "category": "reporters:state_regional",
      "reporter": "N.E.2d",
      "opinion_index": 0
    },
    {
      "cite": "13 Ill2d 45",
      "category": "reporters:state",
      "reporter": "Ill. 2d",
      "case_ids": [
        2775284
      ],
      "opinion_index": 0,
      "case_paths": [
        "/ill-2d/13/0045-01"
      ]
    }
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  "analysis": {
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    "ocr_confidence": 0.593,
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  "last_updated": "2023-07-14T20:37:07.234293+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
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  "casebody": {
    "judges": [],
    "parties": [
      "Wilburn B. Smock, Plaintiff, v. Nolan M. Williamson, D & M Rentals, Inc., Tempco Products Co., a Corporation, Defendants. Doice Gunnels, Plaintiff, v. Tempco Products Co., a Corporation, D & M Rentals, Inc., and Nolan M. Williamson, Defendants."
    ],
    "opinions": [
      {
        "text": "MORAN, P. J.\nThis is an appeal from the Circuit Court of Wabash County, Illinois, from an order of the trial court denying the defendants\u2019 motion for judgment against plaintiff, Wilburn Smock.\nAfter plaintiff Smock filed suit against the defendants for personal injuries, Doice Gunnels, a passenger in Smock\u2019s automobile, also filed suit. The cases were consolidated for trial on a motion by the defendants and were tried before a jury. At the end of the arguments, the trial court granted the defendants\u2019 motion for a mistrial as to Smock. The jury then returned a verdict for the defendants and against the plaintiff Gunnels. After Gunnels\u2019 post-trial motion was overruled, the defendants filed a motion for judgment in their favor against plaintiff Smock on the ground that the issue of the defendants\u2019 negligence had been decided by a jury in favor of the defendants and that further litigation of the question was barred under the doctrine of estoppel by verdict. The trial court overruled the defendants\u2019 motion, but found and ordered that \u201cthere is no just cause for delay in an appeal by defendants from the Court\u2019s Order . . . .\u201d\nSince the order of the trial court did not terminate the litigation between the parties on the merits of the cause so that, if affirmed, the trial court had only to proceed with the execution of the judgment, the order is not final and appealable, and this court has no jurisdiction to hear this appeal. Village of Niles v. Szczesny, 13 Ill2d 45, 147 NE2d 371; Midstates Finance Co. v. Waller, 67 Ill App2d 437, 214 NE2d 624.\nFor the foregoing reasons this appeal is dismissed and the case is remanded for further proceedings not inconsistent with this opinion.\nAppeal dismissed and case remanded.\nGOLDENHERSH and EBERSPACHER, JJ., concur.\nSince the court declared a mistrial, this vitiated all the proceedings up to that time, and, in legal effect, was equivalent to no trial at all. ILP Trial \u00a7 21, and 88 CJS Trial \u00a7 36b. Haywood v. Swift & Co., 53 Ill App2d 179, 202 NE2d 880.",
        "type": "majority",
        "author": "MORAN, P. J."
      }
    ],
    "attorneys": [
      "Gosnell & Benecki, of Lawrenceville (Maurice E. Gos-nell, of counsel), for appellants.",
      "Albert W. McCallister, of Carmi, for appellee."
    ],
    "corrections": "",
    "head_matter": "Wilburn B. Smock, Plaintiff, v. Nolan M. Williamson, D & M Rentals, Inc., Tempco Products Co., a Corporation, Defendants. Doice Gunnels, Plaintiff, v. Tempco Products Co., a Corporation, D & M Rentals, Inc., and Nolan M. Williamson, Defendants.\nGen. No. 66-78.\nFifth District.\nFebruary 14, 1967.\nGosnell & Benecki, of Lawrenceville (Maurice E. Gos-nell, of counsel), for appellants.\nAlbert W. McCallister, of Carmi, for appellee."
  },
  "file_name": "0218-01",
  "first_page_order": 224,
  "last_page_order": 225
}