{
  "id": 2708117,
  "name": "John Funk et al., Appellants, v. The People, for use of Frank Kempton, Appellee",
  "name_abbreviation": "Funk v. People",
  "decision_date": "1910-10-18",
  "docket_number": "Gen. No. 5379",
  "first_page": "614",
  "last_page": "615",
  "citations": [
    {
      "type": "official",
      "cite": "157 Ill. App. 614"
    }
  ],
  "court": {
    "name_abbreviation": "Ill. App. Ct.",
    "id": 8837,
    "name": "Illinois Appellate Court"
  },
  "jurisdiction": {
    "id": 29,
    "name_long": "Illinois",
    "name": "Ill."
  },
  "cites_to": [
    {
      "cite": "139 Ill. App. 563",
      "category": "reporters:state",
      "reporter": "Ill. App.",
      "case_ids": [
        2611793
      ],
      "opinion_index": 0,
      "case_paths": [
        "/ill-app/139/0563-01"
      ]
    },
    {
      "cite": "221 Ill. 436",
      "category": "reporters:state",
      "reporter": "Ill.",
      "case_ids": [
        3343948
      ],
      "opinion_index": 0,
      "case_paths": [
        "/ill/221/0436-01"
      ]
    },
    {
      "cite": "123 Ill. App. 100",
      "category": "reporters:state",
      "reporter": "Ill. App.",
      "case_ids": [
        875668
      ],
      "opinion_index": 0,
      "case_paths": [
        "/ill-app/123/0100-01"
      ]
    }
  ],
  "analysis": {
    "cardinality": 152,
    "char_count": 1923,
    "ocr_confidence": 0.574,
    "pagerank": {
      "raw": 8.138363859351185e-08,
      "percentile": 0.4711952318455632
    },
    "sha256": "9374bf005d5a6f0b88a0f5d3b4e79f48c8f8b80a862e7b5ead9daf842384b02a",
    "simhash": "1:b699ce20154d2edf",
    "word_count": 326
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  "last_updated": "2023-07-14T20:55:34.372632+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "John Funk et al., Appellants, v. The People, for use of Frank Kempton, Appellee."
    ],
    "opinions": [
      {
        "text": "Mr. Presiding Justice Willis\ndelivered the opinion of the court.\nThis case with slight variation in the title, was before this court in 123 Ill. App. 100, before the Supreme Court in 221 Ill. 436, and before this court again and reported in 139 Ill. App. 563. The opinion on that appeal directed the court below to enter a certain order. The cause was redocketed in the court below, and an order was there entered from which John Funk and Lizzie F. Kempton administrators of the estate of Parker S. Kempton, deceased, prosecute this appeal.\nMotions by appellee to tax the costs of the additional abstract to appellants and dismiss the appeal, were taken with the case. The order appealed from, so far as this record discloses, is in exact obedience to the directions in our former opinion.\nThe circuit court was bound to enter the order as directed. If the directions to that court were, in any particular, improper, appellant\u2019s remedy was to petition this court for a rehearing. This they did not do. Therefore they must abide by our former direction. The motion to dismiss the appeal is denied. The motion to tax the cost of the additional abstract to appellant is granted and the order appealed from is affirmed.\nAffirmed.",
        "type": "majority",
        "author": "Mr. Presiding Justice Willis"
      }
    ],
    "attorneys": [
      "Chase Fowler, for appellants.",
      "White & Tuesburg and Norton & Ortman, for appellee."
    ],
    "corrections": "",
    "head_matter": "John Funk et al., Appellants, v. The People, for use of Frank Kempton, Appellee.\nGen. No. 5379.\nAppeals and errors\u2014remedy xohere directions upon remandment improper. If upon remandment of a cause the directions given to the trial court are improper, the remedy is by petition for rehearing; if that remedy is not availed of the propriety of such directions cannot be urged upon a subsequent appeal.\nAppeal from the Circuit court of Livingston county; the Hon. T. M. Harris, Judge, presiding. Heard in this court at the April term, 1910.\nAffirmed.\nOpinion filed October 18, 1910.\nRehearing denied November 18, 1910.\nChase Fowler, for appellants.\nWhite & Tuesburg and Norton & Ortman, for appellee."
  },
  "file_name": "0614-01",
  "first_page_order": 632,
  "last_page_order": 633
}
