{
  "id": 5368590,
  "name": "T. E. Lundell, Appellee, v. Minnie Schultz, Appellant",
  "name_abbreviation": "Lundell v. Schultz",
  "decision_date": "1914-04-15",
  "docket_number": "Gen. No. 5,893",
  "first_page": "245",
  "last_page": "246",
  "citations": [
    {
      "type": "official",
      "cite": "186 Ill. App. 245"
    }
  ],
  "court": {
    "name_abbreviation": "Ill. App. Ct.",
    "id": 8837,
    "name": "Illinois Appellate Court"
  },
  "jurisdiction": {
    "id": 29,
    "name_long": "Illinois",
    "name": "Ill."
  },
  "cites_to": [],
  "analysis": {
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    "char_count": 2630,
    "ocr_confidence": 0.545,
    "sha256": "8d4901875be34639857fc12ae63bf7ee98f8f33885b9d203385433a1d2093ebd",
    "simhash": "1:29a1f5ecc209885c",
    "word_count": 456
  },
  "last_updated": "2023-07-14T19:18:25.002075+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "T. E. Lundell, Appellee, v. Minnie Schultz, Appellant."
    ],
    "opinions": [
      {
        "text": "Mr. Presiding Justice Whitney\ndelivered the opinion of the court.",
        "type": "majority",
        "author": "Mr. Presiding Justice Whitney"
      }
    ],
    "attorneys": [
      "A. H. Kohler and J. T. & S. R. Kenworthy, for appellant.",
      "George W. Wood, for appellee."
    ],
    "corrections": "",
    "head_matter": "T. E. Lundell, Appellee, v. Minnie Schultz, Appellant.\nGen. No. 5,893.\n(Not to be reported in full.)\nAppeal from the County Court of Rock Island county; the Hon. Benjamin S. Bell, Judge, presiding.\nHeard in this court at the October term, 1913.\nAffirmed.\nOpinion filed April 15, 1914.\nStatement of the Case.\nAction by T. E. Lundell against Minnie Schultz to recover cdmmissions on a sale of real estate. The pleadings were the common counts and the general issue. A jury was waived and the case was tried by the court. The county judge of Boclc Island county having resigned, the county clerk called in the probate judge who presided at the trial. No evidence was offered by the defendant. From a judgment in favor of plaintiff for three hundred dollars, defendant appeals.\nThe errors relied on for reversal are: (1) That the presiding judge was illegally sitting as the judge of the County Court; that he had no jurisdiction to preside as such, and his judgment is coram non judice. (2) That the judgment is against the law and the evidence. (3) That upon the facts disclosed by the record, the judgment must necessarily be rendered against the appellee and in favor of the appellant. (4) That the court erred in admitting improper evidence on the part of appell\u00e9e and erroneously overruled a motion of appellant, made at the close of appellee\u2019s case, to strike out all the evidence and find for appellant.\nA. H. Kohler and J. T. & S. R. Kenworthy, for appellant.\nGeorge W. Wood, for appellee.\nAbstract of the Decision.\n1. Judges, \u00a7 9 \u2014when probate judge may sit in County Court. In case of resignation of a county judge, section 239a, ch. 37, R. S. 1911, J. & A. \u00b6 3283, expressly authorizes the county clerk to call in a county or probate judge to sit.\n2. Bbokebs, \u00a7 54 \u2014when evidence sustains judgment for commissions. In an action for commissions for selling real estate, a judgment for plaintiff held sustained by the evidence, it appearing that defendant offered to sell her property on certain terms and to pay certain commissions to the plaintiff if he would secure a purchaser, and it further appearing a purchaser was procured on the terms proposed and that defendant refused to sell.\n3. Appeal and ebbob, \u00a7 1414 \u2014when judgment by court without a jury will be sustained. Where there is sufficient competent evidence to sustain a judgment by the court without a jury, the judgment will not he reversed for minor errors of the court in ruling on evidence.\nSee Illinois Notes Digest, Vols. XI to XV and Cumulative Quarterly, same topic and section number."
  },
  "file_name": "0245-01",
  "first_page_order": 291,
  "last_page_order": 292
}