{
  "id": 2853241,
  "name": "John Doak, Appellant, v. Clyde Rhoads, Appellee",
  "name_abbreviation": "Doak v. Rhoads",
  "decision_date": "1913-12-27",
  "docket_number": "",
  "first_page": "88",
  "last_page": "89",
  "citations": [
    {
      "type": "official",
      "cite": "185 Ill. App. 88"
    }
  ],
  "court": {
    "name_abbreviation": "Ill. App. Ct.",
    "id": 8837,
    "name": "Illinois Appellate Court"
  },
  "jurisdiction": {
    "id": 29,
    "name_long": "Illinois",
    "name": "Ill."
  },
  "cites_to": [],
  "analysis": {
    "cardinality": 182,
    "char_count": 2156,
    "ocr_confidence": 0.515,
    "sha256": "09e9a43b0603fa894f2e277db373134531947605ba9f1181b623c3c068220960",
    "simhash": "1:4367eb9d788c3c8c",
    "word_count": 365
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  "last_updated": "2023-07-14T19:43:38.716309+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "John Doak, Appellant, v. Clyde Rhoads, Appellee."
    ],
    "opinions": [
      {
        "text": "Mr. Justice Thompson\ndelivered the opinion of the court.\n4. Appeal and error, \u00a7 1410 \u2014when verdict will not he disturbed. A verdict will not be disturbed as against the weight of the evidence where it is based on conflicting evidence and there is no manifest preponderance of the evidence either way.",
        "type": "majority",
        "author": "Mr. Justice Thompson"
      }
    ],
    "attorneys": [
      "W. H. Clinton and Dyas & Dyas, for appellant.",
      "James K. Lauher and Stewart W. Kincaid, for appellee."
    ],
    "corrections": "",
    "head_matter": "John Doak, Appellant, v. Clyde Rhoads, Appellee.\n(Not to be reported in full.)\nAbstract of the Decision.\n1. Landlord and tenant, \u00a7 361 \u2014claims upon which distress warrant must he predicated. A landlord has no right to issue a distress warrant unless predicated upon a claim for rent; he cannot recover for any other matter under such warrant.\n2. Appeal and error, \u00a7 1236 \u2014inconsistent positions. Appellant cannot insist upon a theory inconsistent with that taken by him in the trial court.\n3. Appeal and error, \u00a7 1088 \u2014when error assigned for admission or rejection of evidence not presented for review. Where the appellant points out no error in his statement, brief or argument on the admission or rejection of evidence, and no exceptions were taken to the instructions given by the court, no question of law is presented for review, and error assigned on the admission or rejection of evidence cannot be considered.\nAppeal from the Circuit Court of Edgar county; the 1-Ion. Morton W. Thompson, Judge, presiding.\nHeard in this court at the October term, 1913.\nAffirmed.\nOpinion filed December 27, 1913.\nStatement of the Case.\nProceeding by distress warrant begun by John Doak against Clyde Rhoads to collect three hundred dollars claimed to be due for rent of a farm. Plaintiff claimed that defendant did not pay the rent for certain pasture land, that he owed for some hay, and claims that he sustained damages for failure of defendant to repair fences, and also damages for failure of defendant to plant eighteen acres to corn. From a judgment in favor of plaintiff for five dollars, defendant appeals.\nW. H. Clinton and Dyas & Dyas, for appellant.\nJames K. Lauher and Stewart W. Kincaid, for appellee.\nSee Illinois Notes Digest, Vols. KI to XV, same topic and section number.\nSee Illinois Notes Digest, Vols. XI to XV, same topic and section number."
  },
  "file_name": "0088-01",
  "first_page_order": 114,
  "last_page_order": 115
}