{
  "id": 2829003,
  "name": "M. Cohen, Defendant in Error, v. Joe Davis, Plaintiff in Error",
  "name_abbreviation": "Cohen v. Davis",
  "decision_date": "1913-10-15",
  "docket_number": "Gen. No. 18,279",
  "first_page": "456",
  "last_page": "457",
  "citations": [
    {
      "type": "official",
      "cite": "182 Ill. App. 456"
    }
  ],
  "court": {
    "name_abbreviation": "Ill. App. Ct.",
    "id": 8837,
    "name": "Illinois Appellate Court"
  },
  "jurisdiction": {
    "id": 29,
    "name_long": "Illinois",
    "name": "Ill."
  },
  "cites_to": [
    {
      "cite": "167 Ill. App. 582",
      "category": "reporters:state",
      "reporter": "Ill. App.",
      "case_ids": [
        2799848
      ],
      "opinion_index": 0,
      "case_paths": [
        "/ill-app/167/0582-01"
      ]
    }
  ],
  "analysis": {
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    "char_count": 2128,
    "ocr_confidence": 0.528,
    "pagerank": {
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    "simhash": "1:9b005cbc90d9b9fd",
    "word_count": 362
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  "last_updated": "2023-07-14T17:04:20.195306+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "M. Cohen, Defendant in Error, v. Joe Davis, Plaintiff in Error."
    ],
    "opinions": [
      {
        "text": "Mr. Justice Baume\ndelivered the opinion of the court.\nIn a case of the fourth class, brought in the Municipal Court by defendant in error against plaintiff in error to recover thirty-nine dollars, plaintiff in error, having failed to file an affidavit of merits or defense, was defaulted for such failure, and thereupon judgment was rendered against him for the amount claimed.\nIt is insisted by plaintiff in error that \u201ca defendant in the Municipal Court in a fourth class case cannot be defaulted, except for the want of a written appearance. \u2019 \u2019\nA somewhat similar question was involved in Mc-Whinney v. Gill, 167 Ill. App. 582, and determined adversely to the contention of plaintiff in error.\nBuie 17 of the Municipal Court, in force at the time the judgment in question was rendered, provides that the affidavit of merits required to be filed thereunder shall in fourth class cases be filed with the defendant\u2019s appearance and that if the defendant fails to file an affidavit of merits, such as is required by the rules of said court, the plaintiff shall be entitled to default and judgment upon his affidavit of claim on file in said cause, or upon such further evidence as the court may require.\nThere is no merit in the contention of plaintiff in error. Upon the failure of plaintiff in error to file a suffici\u00e9nt affidavit of merits or defense, a judgment by default was properly rendered against him. It is not claimed by plaintiff in error that he has a meritorious defense to the action. The judgment is affirmed.\nJudgment affirmed.",
        "type": "majority",
        "author": "Mr. Justice Baume"
      }
    ],
    "attorneys": [
      "Behjamin E. Cohen, for plaintiff in error.",
      "No appearance for defendant in error."
    ],
    "corrections": "",
    "head_matter": "M. Cohen, Defendant in Error, v. Joe Davis, Plaintiff in Error.\nGen. No. 18,279.\nJudgments, \u00a7 106*\u2014when default is proper. Under Municipal Court rule 17, as to filing an affidavit of merits, a judgment by default is properly rendered against a defendant upon his failure to file a sufficient affidavit of merits.\nError to the Municipal Court of Chicago; the Hon. James C. Martin, Judge, presiding. Heard in the Branch Appellate Court at the March term, 1912.\nAffirmed.\nOpinion filed October 15, 1913.\nBehjamin E. Cohen, for plaintiff in error.\nNo appearance for defendant in error."
  },
  "file_name": "0456-01",
  "first_page_order": 480,
  "last_page_order": 481
}