{
  "id": 2856829,
  "name": "Marie A. Tollar, Administratrix, Plaintiff in Error, v. Bohemian Building and Loan Association, Defendant in Error",
  "name_abbreviation": "Tollar v. Bohemian Building & Loan Ass'n",
  "decision_date": "1914-06-24",
  "docket_number": "Gen. No. 18,781",
  "first_page": "405",
  "last_page": "407",
  "citations": [
    {
      "type": "official",
      "cite": "187 Ill. App. 405"
    }
  ],
  "court": {
    "name_abbreviation": "Ill. App. Ct.",
    "id": 8837,
    "name": "Illinois Appellate Court"
  },
  "jurisdiction": {
    "id": 29,
    "name_long": "Illinois",
    "name": "Ill."
  },
  "cites_to": [],
  "analysis": {
    "cardinality": 231,
    "char_count": 2864,
    "ocr_confidence": 0.521,
    "sha256": "5f114dd5af0ae8b3901ad314d5fe677ae43ca4532ff8bdd6ed57bfe96c797cdc",
    "simhash": "1:865bc913f68b9058",
    "word_count": 477
  },
  "last_updated": "2023-07-14T20:57:10.884591+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "Marie A. Tollar, Administratrix, Plaintiff in Error, v. Bohemian Building and Loan Association, Defendant in Error."
    ],
    "opinions": [
      {
        "text": "Mr. Justice Duncan\ndelivered the opinion of the court.\n4. Appeal and error, \u00a7 1467*\u2014when permitting incompetent testimony not reversible error. Error in permitting an incompetent witness to testify against an administratrix, held, not reversible error where other undisputed testimony supports the decree and the testimony of the witness was merely cumulative.",
        "type": "majority",
        "author": "Mr. Justice Duncan"
      }
    ],
    "attorneys": [
      "James E. White and F. H. Novak for plaintiff in error.",
      "Kraus, Alschuler & Holden, for defendant in error."
    ],
    "corrections": "",
    "head_matter": "Marie A. Tollar, Administratrix, Plaintiff in Error, v. Bohemian Building and Loan Association, Defendant in Error.\nGen. No. 18,781.\n(Not to he reported in full.)\nError to the Circuit Court of Cook county; the Hon. Adelor J. Petit, Judge, presiding. Heard in the Branch Appellate Court at the October term, 1912.\nAffirmed.\nOpinion filed June 24, 1914.\nStatement of the Case.\nBill by Marie A. Tollar, administratrix de bonis non, with the will annexed, of the estate of August Brejcha, deceased, against Bohemian Building and Loan Association for an accounting of moneys alleged to be due the deceased from the defendant Association, of which the deceased had been a member, and its treasurer. The bill also prayed for a discovery. Defendant answered denying that it owed the deceased Brejcha anything and averring that there had been an accounting by agreement and the account paid. A general replication was filed to the answer without amending or asking leave to amend the bill. From a decree dismissing the bill for want of equity and adjudging that complainant pay the cost in due course of administration, complainant appeals.\nAbstract of the Decision.\n1. Account, \u00a7 12 \u2014when settlement of account Bars relief on Mil for accounting. An account stated and paid is a bar to any relief whatever on a bill for a general accounting in which no particular errors are assigned in the account stated.\n2. Account stated, \u00a7 IS*\u2014sufficiency of MU to impeach. While an account stated and settled may be impeached for fraud or mistake in a court of equity, it can only be done upon a bill distinctly and clearly setting forth the specific errors with distinct averments as to the time when the fraud, mistake, concealment or misrepresentation that caused such omissions was discovered and what the discovery is, so that the court may clearly see whether by the exercise of ordin\u00e1ry diligence the discovery might not have been earlier made.\n3. Appeal and error, \u00a7 245*\u2014when denial of leave to file amended Mil not reviewaMe. Action of court in denying complainant leave to file an amended bill after all the evidence was heard by the court, held not reviewable where the record does not show any motion or any attempt whatever to amend the bill outside of the certificate of evidence signed' by the judge.\nJames E. White and F. H. Novak for plaintiff in error.\nKraus, Alschuler & Holden, for defendant in error.\nSee Illinois Notes Digest, Vols. XI to XV, and Cumulative Quarterly, same topic and section number."
  },
  "file_name": "0405-01",
  "first_page_order": 431,
  "last_page_order": 433
}