{
  "id": 2832666,
  "name": "Benjamin D. Herrick, Defendant in Error, v. Lizzie Grove Ryan et al., Plaintiffs in Error",
  "name_abbreviation": "Herrick v. Ryan",
  "decision_date": "1913-08-02",
  "docket_number": "Gen. No. 5,707",
  "first_page": "521",
  "last_page": "522",
  "citations": [
    {
      "type": "official",
      "cite": "182 Ill. App. 521"
    }
  ],
  "court": {
    "name_abbreviation": "Ill. App. Ct.",
    "id": 8837,
    "name": "Illinois Appellate Court"
  },
  "jurisdiction": {
    "id": 29,
    "name_long": "Illinois",
    "name": "Ill."
  },
  "cites_to": [],
  "analysis": {
    "cardinality": 156,
    "char_count": 1473,
    "ocr_confidence": 0.518,
    "sha256": "b1baf4352c60b0af059e6df02698c6c04cc40293c35ed374eb9521082ef33ebc",
    "simhash": "1:4f71c2239eaf908d",
    "word_count": 258
  },
  "last_updated": "2023-07-14T17:04:20.195306+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "Benjamin D. Herrick, Defendant in Error, v. Lizzie Grove Ryan et al., Plaintiffs in Error."
    ],
    "opinions": [
      {
        "text": "Mr. Presiding Justice Whitney\ndelivered the opinion of the court.",
        "type": "majority",
        "author": "Mr. Presiding Justice Whitney"
      }
    ],
    "attorneys": [
      "H. E. Torrance, for plaintiff in error, Lizzie Grove Ryan.",
      "A. F. Goodyear and Harry Thom, for defendant in error."
    ],
    "corrections": "",
    "head_matter": "Benjamin D. Herrick, Defendant in Error, v. Lizzie Grove Ryan et al., Plaintiffs in Error.\nGen. No. 5,707.\n(Not to he reported in full.)\nError to the Circuit Court of Iroquois county; the Hon. Frank L. Hooper, Judge, presiding. Heard in this court at the October term, 1912.\nAffirmed.\nOpinion filed August 2, 1913.\nStatement of the Case.\nBill for partition by Benjamin D. Herrick against Lizzie Grove Byan and others. From an order denying a motion to retax costs, after sale of the property, defendant appeals.\nAbstract of the Decision.\nI. Pleading, \u00a7 236 \u2014when party has notice of amendment. A defendant who is in court, or represented therein by counsel, when leave is given to file an amended bill cannot plead ignorance of the fact that it was filed.\n2. Appeal and error, \u00a7 1341*\u2014what presumed as to costs on appeal. Every intendment is in favor of the proper taxation of costs.\n3. Costs, \u00a7 65*\u2014when motion to retax is properly denied. Where a record shows no evidence of error in taxing costs, but merely the item to pay \u201cclerk\u2019s costs, $121.75,\u201d and a motion below was the only basis for retaxation of costs, the Appellate Court will presume that sufficient proof was heard to justify the denial of the motion.\nH. E. Torrance, for plaintiff in error, Lizzie Grove Ryan.\nA. F. Goodyear and Harry Thom, for defendant in error.\nSee Illinois Notes Digest, Vols. XI to XIV, same topic and section number."
  },
  "file_name": "0521-01",
  "first_page_order": 545,
  "last_page_order": 546
}