{
  "id": 865047,
  "name": "Gustavus M. Graham, survivor, etc., v. Jonathan B. Graham",
  "name_abbreviation": "Graham v. Graham",
  "decision_date": "1886-04-07",
  "docket_number": "No. 16-2284",
  "first_page": "649",
  "last_page": "650",
  "citations": [
    {
      "type": "official",
      "cite": "18 Ill. App. 649"
    }
  ],
  "court": {
    "name_abbreviation": "Ill. App. Ct.",
    "id": 8837,
    "name": "Illinois Appellate Court"
  },
  "jurisdiction": {
    "id": 29,
    "name_long": "Illinois",
    "name": "Ill."
  },
  "cites_to": [],
  "analysis": {
    "cardinality": 202,
    "char_count": 2873,
    "ocr_confidence": 0.47,
    "sha256": "083ce898b19baa03a6044ad9d334fd1698e2bda053d21056db0ae14caf7ff871",
    "simhash": "1:af1f75a5e59a79a3",
    "word_count": 484
  },
  "last_updated": "2023-07-14T17:14:19.454599+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "Gustavus M. Graham, survivor, etc., v. Jonathan B. Graham."
    ],
    "opinions": [
      {
        "text": "Opinion by Moran, J.",
        "type": "majority",
        "author": null
      }
    ],
    "attorneys": [
      "Attorneys, for plaintiff in error, Mr. Geo. N. Smith and Mr. Eric Winters;",
      "for defendant in error, Mr. Allan C. Story."
    ],
    "corrections": "",
    "head_matter": "No. 16\u20142284.\nGustavus M. Graham, survivor, etc., v. Jonathan B. Graham.\nDefendant in error sued Gustavus Mills Graham as surviving partner of the firm of Graham Brothers, and on September 26, 1885, a plea of the geneial issue was filed for said defendant by John and Ernest McGaffey, attorneys; on September 28, 1885, Eric Winters and G. W. Smith, attorneys, filed for same defendant a \u00a1ilea accompanied by an affidavit of merits sworn to by one Stillman Mann who says in affidavit that he is agent of defendant. October 10, 1885, an order was entered reciting that \u201con agreement of the parties to this suit now made in open court, this cause is submitted to the court for trial without a jury\u201d and trial finding for plaintiff and judgment. October 13, 1885, motion by Eric Winters and Geo. W. Smith as attorneys for defendant, to set aside judgment. Affidavit of Winters shows that on September 26, 1885, affiant and Geo. W. Smith were retained \u201c on behalf of and their appearance for the defendant,\u201d and filed plea on September 28th. Plea by McGaffey, attorneys\u00bb being then on file cause was submitted to court, October 10th, by agreement between said McGaffey and A. 0. Story, attorney for plaintiff, without notice to affiant or said Smith, and they never consented to trial of case without a jury and out of regular order. Action brought against surviving partner for alleged indebtedness of firm. Stillman Mann has been duly appointed administrator of deceased partner, and is interested in seeing that said cause is defended. Claims affiant and Smith are entitled to appear and defend in said cause, \u201c because they were retained by said Stillman Mann, administrator.\u201d Affiant believes defendant has full and complete defense to plaintiff\u2019s demand and \u201cis informed and believes that said plaintiff and defendant are colluding together for the purpose of defrauding the estate of said deceased out of its interest in said partnership estate, and for that purpose have had said judgment entered up.\u201d Motion to set aside judgment was denied and said ruling was assigned for error. The court is of opinion that the ruling \u00f3f the court on said motion was con ect. No facts are stated in the affidavit filed in support of the motion, which would authorize the court to disturb the judgment, nor which, would require the court to allow the administrator of the deceased partner to take charge of or participate in the suit by his attorneys. If the suggestions that the surviving partner was colluding with the plaintiff to fraudulently dissipate the deceased partner\u2019s interest in the partnership estate is true, the remedy must be sought in another forum. Judgment affirmed.\nJudge below, Joseph E. Gaby.\nAttorneys, for plaintiff in error, Mr. Geo. N. Smith and Mr. Eric Winters;\nfor defendant in error, Mr. Allan C. Story.\nOpinion filed April 7, 1886."
  },
  "file_name": "0649-01",
  "first_page_order": 645,
  "last_page_order": 646
}