{
  "id": 2844390,
  "name": "N. Mazzarella, Plaintiff in Error, v. Olives Kamberos, Defendant in Error",
  "name_abbreviation": "Mazzarella v. Kamberos",
  "decision_date": "1913-12-04",
  "docket_number": "Gen. No. 18,534",
  "first_page": "61",
  "last_page": "62",
  "citations": [
    {
      "type": "official",
      "cite": "184 Ill. App. 61"
    }
  ],
  "court": {
    "name_abbreviation": "Ill. App. Ct.",
    "id": 8837,
    "name": "Illinois Appellate Court"
  },
  "jurisdiction": {
    "id": 29,
    "name_long": "Illinois",
    "name": "Ill."
  },
  "cites_to": [],
  "analysis": {
    "cardinality": 148,
    "char_count": 1798,
    "ocr_confidence": 0.516,
    "sha256": "8fca4d1402569fa8042dd87ec4dad2c5119e63c8b23d83f5073e82d1e385c21c",
    "simhash": "1:eb6dc15411242af8",
    "word_count": 293
  },
  "last_updated": "2023-07-14T18:47:41.859813+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "N. Mazzarella, Plaintiff in Error, v. Olives Kamberos, Defendant in Error."
    ],
    "opinions": [
      {
        "text": "Mr. Justice Gridley\ndelivered the opinion of the court.",
        "type": "majority",
        "author": "Mr. Justice Gridley"
      }
    ],
    "attorneys": [
      "Cairoli Giglioiti, for plaintiff in error.",
      "No appearance for defendant in error."
    ],
    "corrections": "",
    "head_matter": "N. Mazzarella, Plaintiff in Error, v. Olives Kamberos, Defendant in Error.\nGen. No. 18,534.\n(Not to be reported in full.)\nError to the Municipal Court of Chicago; the Hon. John R. Newcomes, Judge, presiding.\nHeard in the Branch Appellate Court at the October term, 1912.\nAffirmed.\nOpinion filed December 4, 1913.\nAbstract of the Decision.\n1. Municipal court of Chicago, \u00a7 26 \u2014presumption in the absence of statement of facts, etc. In the absence of a statement of facts, stenographic report or bill of exceptions, presumed that there was sufficient evidence to warrant the finding and judgment.\n2. Municipal court of Chicago, \u00a7 26 \u2014what transcript of record must disclose. Error of court in denying plaintiff\u2019s motions to strike defendant\u2019s statement of set-off from the files cannot be considered where the transcript of the record does not disclose that such motion and ruling were made.\n3. Set-off and recoupment, \u00a7 38 \u2014burden of proof. Burden of proof is upon defendant to establish the existence and validity of his claim of set-off by a preponderance of the evidence.\nStatement of the Case.\nAction by N. Mazzarella against Olives Kamberos to recover fifty dollars claimed to be due to plaintiff for goods sold and delivered to defendant. Defendant filed a statement of set-off or counterclaim for seventy dollars whitfii he claimed to be due to him from plaintiff in a transaction unconnected with plaintiff\u2019s cause of action. Prom a judgment in favor of defendant for twenty dollars, entered on a finding against plaintiff on defendant\u2019s claim of set-off, plaintiff brings error.\nCairoli Giglioiti, for plaintiff in error.\nNo appearance for defendant in error.\nSee Illinois Notes Digest, Vols. XI to XV, same topic and section number."
  },
  "file_name": "0061-01",
  "first_page_order": 85,
  "last_page_order": 86
}