{
  "id": 2648475,
  "name": "J. Hallaboards, Appellant, v. City of Pinckneyville, Appellee",
  "name_abbreviation": "Hallaboards v. City of Pinckneyville",
  "decision_date": "1909-03-04",
  "docket_number": "",
  "first_page": "120",
  "last_page": "121",
  "citations": [
    {
      "type": "official",
      "cite": "147 Ill. App. 120"
    }
  ],
  "court": {
    "name_abbreviation": "Ill. App. Ct.",
    "id": 8837,
    "name": "Illinois Appellate Court"
  },
  "jurisdiction": {
    "id": 29,
    "name_long": "Illinois",
    "name": "Ill."
  },
  "cites_to": [],
  "analysis": {
    "cardinality": 181,
    "char_count": 2326,
    "ocr_confidence": 0.514,
    "pagerank": {
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    "sha256": "5f113278ed89d240c08a51848d0236d138d41acb1f532dca6b06122b7ab9011b",
    "simhash": "1:bc64d0ffc7b573b1",
    "word_count": 404
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  "last_updated": "2023-07-14T19:09:17.407031+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "J. Hallaboards, Appellant, v. City of Pinckneyville, Appellee."
    ],
    "opinions": [
      {
        "text": "Me. Pbesiding Justice Myebs\ndelivered the opinion of the court.\nThis was an action on the case brought by J. Hallaboards against the city of Pinckneyville, Illinois to recover damages for a personal injury to himself caused by a fall on a defective sidewalk, which occurred on the 14th day of June, 1907. The cause was brought to the November term, 1907, and was continued for service at that term, and at the May term, 1908, such proceedings were had that the plaintiff appealed from the decision of the court in overruling a demurrer to one of the defendant\u2019s pleas.\nAppellee has filed no brief; in this case and under Buie 27 of the Buies of Practice of this court, the judgment may be reversed pro forma. We have, however, examined the record and are clearly of opinion that the case should be reversed on the merits. The Circuit Court erred in overruling the demurrer to the first special plea in holding that the commencement and dismissal of one action without giving the notice required by Section 6, Chapter 70, Bev. Stat., was a bar to. another action for the same cause, which was begun after due and timely notice given. The voluntary dismissal by the plaintiff of the first suit was no bar to the second. This we understand from the record was the only question involved. Judgment reversed and cause remanded.\nReversed and remanded.",
        "type": "majority",
        "author": "Me. Pbesiding Justice Myebs"
      }
    ],
    "attorneys": [
      "I. B. Spilmah and A. H. Babe, for appellant.",
      "No appearance for appellee."
    ],
    "corrections": "",
    "head_matter": "J. Hallaboards, Appellant, v. City of Pinckneyville, Appellee.\n1. Appeals and errors\u2014when propriety of giving peremptory instruction not subject to review. The propriety of the giving of a peremptory instruction is not subject to review where it does not appear that the bill of exceptions contained all the evidence heard by the trial court.\n2. Appeals and errors\u2014when reversal may be pro forma. If the appellee does not file a brief the Appellate Court of the Fourth District may order a reversal pro forma.\n3. Res judicata\u2014what does not bar second suit. A voluntary dismissal of one action does not bar the subsequent institution of a second suit for the same cause of action.\nAction in case for personal injuries. Appeal from the Circuit Court of Perry county; the Hon. B. R. Burroughs, Judge, presiding.\nHeard in this court at the August term, 1908.\nReversed and remanded.\nOpinion filed March 4, 1909.\nI. B. Spilmah and A. H. Babe, for appellant.\nNo appearance for appellee."
  },
  "file_name": "0120-01",
  "first_page_order": 138,
  "last_page_order": 139
}