{
  "id": 2585545,
  "name": "John O'Brien Lumber Co. v. William E. Shoot",
  "name_abbreviation": "John O'Brien Lumber Co. v. Shoot",
  "decision_date": "1902-12-11",
  "docket_number": "",
  "first_page": "348",
  "last_page": "350",
  "citations": [
    {
      "type": "official",
      "cite": "104 Ill. App. 348"
    }
  ],
  "court": {
    "name_abbreviation": "Ill. App. Ct.",
    "id": 8837,
    "name": "Illinois Appellate Court"
  },
  "jurisdiction": {
    "id": 29,
    "name_long": "Illinois",
    "name": "Ill."
  },
  "cites_to": [
    {
      "cite": "104 Ill. 98",
      "category": "reporters:state",
      "reporter": "Ill.",
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        5349824
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      "case_paths": [
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    {
      "cite": "79 Ill. App. 191",
      "category": "reporters:state",
      "reporter": "Ill. App.",
      "case_ids": [
        5790212
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      "opinion_index": 0,
      "case_paths": [
        "/ill-app/79/0191-01"
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    {
      "cite": "156 Ill. 221",
      "category": "reporters:state",
      "reporter": "Ill.",
      "case_ids": [
        3021490
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      "opinion_index": 0,
      "case_paths": [
        "/ill/156/0221-01"
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  "analysis": {
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  "last_updated": "2023-07-14T16:34:57.519371+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "John O'Brien Lumber Co. v. William E. Shoot."
    ],
    "opinions": [
      {
        "text": "Mr. Justice Adams\ndelivered the opinion of the court.\nThe transcript filed herein February 11, 1902, shows that the'judgment appealed from was rendered September 26, 1901, and .that an appeal was allowed on filing bond and bill of exceptions within thirty days from the rendition of judgment. The last day of the September term of the Circuit Court having occurred after the first day of the October term, 1901, of this court, the appeal was to the March term, 1902, of this court, which commenced March i, 1902. The clerk\u2019s certificate to the transcript filed in this court February 11, 1902, merely certifies the transcript \u201c to be a true, perfect and complete copy of a certain verdict filed in my office on the 26th day of September, A. D. 1901; a certain affidavit on the 12th day of December, A. D. 1901; a certain bill of exceptions and a certain appeal bond, both filed on the 5th day of October, A. D. 1901, and all orders appearing of record in said cause.\u201d This is clearly an incomplete transcript of the record, as shown by the certificate. That the transcript is incomplete is further shown by the fact that it contains no copies of the pleadings in the cause. This defect, of itself, is sufficient to warrant the dismissal of the appeal, or the. affirmance of the judgment. Road District v. Miller, 156 Ill. 221.\nIn this state of the transcript it was incumbent on appellant, if it desired to file an additional or supplemental transcript, to apply for leave so to do, showing \u201cgood cause\u201d for the motion, within the first two days of the March term of this court. O\u2019Kane v. West End Dry Goods Store, 79 Ill. App. 191, citing a number of decisions of the Supreme Court.\nNo application was made by appellant for leave to file an additional transcript, within the first two days of the March term, 1902, or at any time. Therefore the appellee is entitled to have the appeal dismissed. Cook v. Cook, 104 Ill. 98; Hurd\u2019s Rev. Stat. 1901, p. 1347, section 72.\nThe transcript contains an affidavit of B. W. Eeid, deputy clerk of the Circuit Court, stating that the praecipe, summons and certain pleadings were lost from the files, and could not.be found. This affidavit is not contained in the bill of exceptions, and is no part of the record proper. Appellee has moved to strike it from the transcript, and the motion will be allowed. Appellee, March 8,1902, moved to dismiss the appeal, on the ground- that the transcript was incomplete and insufficient, which motion was denied. The order denying said motion will be set aside, and the appeal will be dismissed.",
        "type": "majority",
        "author": "Mr. Justice Adams"
      }
    ],
    "attorneys": [
      "Levi Sprague, attorney for appellant.",
      "McCulloch & McCulloch, attorneys for appellee."
    ],
    "corrections": "",
    "head_matter": "John O'Brien Lumber Co. v. William E. Shoot.\n1. Practice\u2014Transcript Containing No Copy of the Pleadings.\u2014 A transcript of the record which contains no copy of the pleadings in the cause is so defective as to warrant the dismissal of the appeal or the affirmance of the judgment.\n3. Same\u2014Filing Additional or Supplemental Transcript.\u2014Where the transcript of the record is incomplete, it is incumbent on appellant, if it desire to file an additional or supplemental transcript, to apply for leave so to do, showing good cause for the motion, within the first two days of the next term of this court, otherwise the appeal will be dismissed.\nAssumpsit, upon the common counts. Appeal from the Circuit Court of Cook County; the Hon. George W. Brown, Judge presiding, Heard in this court at the March term, 1902.\nDismissed.\nOpinion filed December 11, 1902.\nLevi Sprague, attorney for appellant.\nMcCulloch & McCulloch, attorneys for appellee."
  },
  "file_name": "0348-01",
  "first_page_order": 372,
  "last_page_order": 374
}