{
  "id": 2492606,
  "name": "Lou B. Denning, et al., v. Charles I. Will, administrator",
  "name_abbreviation": "Denning v. Will",
  "decision_date": "1905-06-07",
  "docket_number": "",
  "first_page": "419",
  "last_page": "420",
  "citations": [
    {
      "type": "official",
      "cite": "121 Ill. App. 419"
    }
  ],
  "court": {
    "name_abbreviation": "Ill. App. Ct.",
    "id": 8837,
    "name": "Illinois Appellate Court"
  },
  "jurisdiction": {
    "id": 29,
    "name_long": "Illinois",
    "name": "Ill."
  },
  "cites_to": [],
  "analysis": {
    "cardinality": 218,
    "char_count": 3099,
    "ocr_confidence": 0.535,
    "sha256": "66bc7aae60085f4ee46c8f716bb4cabba1d8725496b62eda90dc6d76e6bef51d",
    "simhash": "1:1ab15c3d8d1e428a",
    "word_count": 526
  },
  "last_updated": "2023-07-14T19:30:46.479318+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "Lou B. Denning, et al., v. Charles I. Will, administrator."
    ],
    "opinions": [
      {
        "text": "Mr. Justice Gest\ndelivered the opinion of the court.\nThe record in this case shows, first, an order of the court overruling \u201cthe motion to dismiss the. appeal heretofore en- , tered herein\u201d; second, a waiver of jury, a hearing by the court, a finding of the issues \u201cin favor of the appellee, Charles I. Will, admr., etc.\u201d and judgment May 25, 1901, confirming the report of said administrator, ordering distribution in accordance therewith, adjudging costs against plaintiffs in error and allowing appeal to them upon their filing bond in the sum of $200 with security to be approved by the clerk, bond to be filed in twenty days and bill of exceptions to be filed in sixty days; third, a stipulation between the parties dated June 3, 1894, and filed June 4, 1894, to-wit: \u201cWhereas the transcript, files and evidence in the above entitled cause on appeal by the said Lizzie and Lou B. Denning from the Probate Court of McLean county, Illinois, to the Circuit Court of said county have been mislaid and lost and cannot be found. How therefore in consideration of the premises it is hereby stipulated by and between the parties hereto that the clerk of said Circuit Court shall include in the record to.be made up in said cause the following files in the matter of the estate of David Skinner, deceased, in said Probate Court, to-wit\u201d; (stating a dozen different papers). \u201cAnd the following files in the matter of the estate of Mary E. Skinner, deceased, in said Probate Court, to-wit\u201d (stating papers) ; and also certain described records of mortgages in the recorder\u2019s office in McLean county, \u201call of which when copied by the said clerk into the transcript of the record in the above entitled cause shall become and remain a part thereof for the consideration of this cause by the said Appellate Court\u201d; fourth, copies of the papers and records above mentioned; fifth, the clerk\u2019s certificate to the transcript; sixth, the assignment of errors. There is no bill of exceptions. The judgment .was entered May 25, 1901. In June, 1904, three years afterwards, the parties made a stipulation and filed it with the clerk directing him to copy certain papers in the Probate Court and certain records in the recorder\u2019s office which when done shall \u201cbecome and remain a part of the record for the consideration\u201d of this court. 'Becords for the consideration of this court cannot be so made up. There is no question presented for our consideration.\nThe judgment is affirmed.\nAffirmed.",
        "type": "majority",
        "author": "Mr. Justice Gest"
      }
    ],
    "attorneys": [
      "Peirce & Peirce, for plaintiffs in error.",
      "Charles I. Will, defendant in error, pro se."
    ],
    "corrections": "",
    "head_matter": "Lou B. Denning, et al., v. Charles I. Will, administrator.\n1. Transcript of record\u2014contents of, cannot be determined by stipulation. The parties cannot stipulate to the incorporation into the transcript of the record of matters under the law foreign thereto, and where it is done the court will not upon review consider the same.\nContest in court of probate. Error to the Circuit Court of McLean County; the Hon. Colostin D. Myers, Judge, presiding. Heard in this court at the November term, 1904.\nAffirmed.\nOpinion filed June 7, 1905.\nPeirce & Peirce, for plaintiffs in error.\nCharles I. Will, defendant in error, pro se."
  },
  "file_name": "0419-01",
  "first_page_order": 437,
  "last_page_order": 438
}