{
  "id": 2560696,
  "name": "Breese Coal and Mining Co. v. Olney Electric Light and Power Co.",
  "name_abbreviation": "Breese Coal & Mining Co. v. Olney Electric Light & Power Co.",
  "decision_date": "1903-09-10",
  "docket_number": "",
  "first_page": "539",
  "last_page": "540",
  "citations": [
    {
      "type": "official",
      "cite": "109 Ill. App. 539"
    }
  ],
  "court": {
    "name_abbreviation": "Ill. App. Ct.",
    "id": 8837,
    "name": "Illinois Appellate Court"
  },
  "jurisdiction": {
    "id": 29,
    "name_long": "Illinois",
    "name": "Ill."
  },
  "cites_to": [
    {
      "cite": "55 Ill. App. 217",
      "category": "reporters:state",
      "reporter": "Ill. App.",
      "case_ids": [
        5095345
      ],
      "opinion_index": 0,
      "case_paths": [
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      ]
    },
    {
      "cite": "35 Ill. App. 364",
      "category": "reporters:state",
      "reporter": "Ill. App.",
      "case_ids": [
        5008060
      ],
      "opinion_index": 0,
      "case_paths": [
        "/ill-app/35/0364-01"
      ]
    }
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  "analysis": {
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    "simhash": "1:00c73f54e91efe59",
    "word_count": 309
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  "last_updated": "2023-07-14T15:51:53.684315+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "Breese Coal and Mining Co. v. Olney Electric Light and Power Co."
    ],
    "opinions": [
      {
        "text": "Mr. Justice Higbee\ndelivered the opinion of the court.\nThis was a suit brought by appellant to recover a debt for coal sold by it to the Citizens Light and Power Company, formerly doing business in Olney, which debt appellant claims appellee is now legally liable to pay.\nA jury was waived and there was a trial by the court upon a written stipulation of facts.\nWhile the record in this case shows a finding of the issues in favor of the defendant and against the plaintiff below, yet it nowhere shows that any judgment was entered upon the finding. So far as the record discloses, appellant appears to have attempted to take an appeal from the finding of the court upon the issues, and not from any judgment. The recital in the appeal bond that appellee had obtained judgment in the case against appellant, can not take the place of a judgment in this case. There is therefore nothing for this court to act upon and the appeal must be dismissed. Reedy Elevator Mfg. Co. v. Pitvowsky 35 Ill. App. 364; City of Evanston v. Dowden, 55 Ill. App. 217.\nAppeal dismissed.",
        "type": "majority",
        "author": "Mr. Justice Higbee"
      }
    ],
    "attorneys": [
      "R. S. Rowland, attorney for appellant.",
      "R. B. Witcher, attorney for appellee."
    ],
    "corrections": "",
    "head_matter": "Breese Coal and Mining Co. v. Olney Electric Light and Power Co.\n1. Appellate Court Practice\u2014 Where Record Does Not Show a Judgment on Findings of Court Below. \u2014Where the record shows a finding of the issues in favor of the defendant and against the plaintiff below, but nowhere shows that any judgment was entered upon the finding, there is nothing for this court to act upon and the appeal must be dismissed.\nAssumpsit.\u2014Appeal from the Circuit Court of Richland County; the Hon. Edmund D. Youngblood, Judge presiding. Heard in this court at the February term, 1903.\nDismissed.\nOpinion filed September 10, 1903.\nR. S. Rowland, attorney for appellant.\nR. B. Witcher, attorney for appellee."
  },
  "file_name": "0539-01",
  "first_page_order": 565,
  "last_page_order": 566
}