{
  "id": 5368365,
  "name": "William F. Mehlenbeck, Appellant, v. John Steitz, Appellee",
  "name_abbreviation": "Mehlenbeck v. Steitz",
  "decision_date": "1914-04-15",
  "docket_number": "Gen. No. 5,867",
  "first_page": "347",
  "last_page": "347",
  "citations": [
    {
      "type": "official",
      "cite": "186 Ill. App. 347"
    }
  ],
  "court": {
    "name_abbreviation": "Ill. App. Ct.",
    "id": 8837,
    "name": "Illinois Appellate Court"
  },
  "jurisdiction": {
    "id": 29,
    "name_long": "Illinois",
    "name": "Ill."
  },
  "cites_to": [],
  "analysis": {
    "cardinality": 149,
    "char_count": 1606,
    "ocr_confidence": 0.564,
    "sha256": "6215633cfc4da9b3a2eb8c38750836e841ae1e883dc6329058b7add1438559dc",
    "simhash": "1:1d9b61147c0d8434",
    "word_count": 270
  },
  "last_updated": "2023-07-14T19:18:25.002075+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "William F. Mehlenbeck, Appellant, v. John Steitz, Appellee."
    ],
    "opinions": [
      {
        "text": "Mr. Justice Dibell\ndelivered the opinion of the court.",
        "type": "majority",
        "author": "Mr. Justice Dibell"
      }
    ],
    "attorneys": [
      "Clarence W. Heyl, for appellant.",
      "C. E. McNemar, for appellee."
    ],
    "corrections": "",
    "head_matter": "William F. Mehlenbeck, Appellant, v. John Steitz, Appellee.\nGen. No. 5,867.\n(Not to be reported in full.)\nAppeal from the Circuit Court of Peoria county; the Hon. Nicholas E. Worthington, Judge, presiding.\nHeard in this court at the October term, 1913.\nAffirmed.\nOpinion filed April 15, 1914.\nStatement of the Case.\nAction by William F. Mehlenbeck against John Steitz to recover fifty dollars claimed to have been loaned by plaintiff to defendant. Suit was originally brought before a justice of the peace where plaintiff recovered a judgment. An appeal was taken to the Circuit Court where defendant had verdict and judgment. From the judgment of the Circuit Court, plaintiff appeals.\nClarence W. Heyl, for appellant.\nC. E. McNemar, for appellee.\nAbstract of the Decision.\n1. Assumpsit, action op, \u00a7 89 \u2014when evidence insufficient to establish loan. In an action for money loaned, where the defense was that the money was not loaned to defendant but that he received it from a third party who had received it from the plaintiff, and that defendant had repaid such third party, held that a verdict for defendant was not against the weight of the evidence.\n2. Appeal and error, \u00a7 613 \u2014when errors not urged in motion for new trial waived. Errors in instructions given not mentioned in written grounds for motion for new trial are waived. Section 81 of the Practice Act, J. & A. \u00b6 8618, obviating the necessity of an exception, does not affect the rule.\nSee Illinois Notes Digest, Vote. XI to XV and Cumulative Quarterly, same topic and section number,"
  },
  "file_name": "0347-01",
  "first_page_order": 393,
  "last_page_order": 393
}
