{
  "id": 2905402,
  "name": "City of Chicago, Defendant in Error, v. Frank J. Geraghty, Plaintiff in Error",
  "name_abbreviation": "City of Chicago v. Geraghty",
  "decision_date": "1914-10-08",
  "docket_number": "Gen. No. 19,522",
  "first_page": "90",
  "last_page": "91",
  "citations": [
    {
      "type": "official",
      "cite": "189 Ill. App. 90"
    }
  ],
  "court": {
    "name_abbreviation": "Ill. App. Ct.",
    "id": 8837,
    "name": "Illinois Appellate Court"
  },
  "jurisdiction": {
    "id": 29,
    "name_long": "Illinois",
    "name": "Ill."
  },
  "cites_to": [],
  "analysis": {
    "cardinality": 202,
    "char_count": 2644,
    "ocr_confidence": 0.545,
    "sha256": "761bb0027552c4e4b514d1eb8125e07f821ec32b7e4ee29bb45b180b3b00339f",
    "simhash": "1:c853449d598a9c3c",
    "word_count": 452
  },
  "last_updated": "2023-07-14T20:38:10.053698+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "City of Chicago, Defendant in Error, v. Frank J. Geraghty, Plaintiff in Error."
    ],
    "opinions": [
      {
        "text": "Mr. Justice Pam\ndelivered the opinion of the court.",
        "type": "majority",
        "author": "Mr. Justice Pam"
      }
    ],
    "attorneys": [
      "William E. Cloyes, for plaintiff in error.",
      "William H. Sexton and James S. McInerney, for defendant in error; Albert J. W. Appell, of counsel."
    ],
    "corrections": "",
    "head_matter": "City of Chicago, Defendant in Error, v. Frank J. Geraghty, Plaintiff in Error.\nGen. No. 19,522.\n(Not to be reported in full.)\nError to the Municipal Court of Chicago; the Hon. John A. Mahoney, Judge, presiding. Heard in the Branch Appellate Court at the October term, 1913.\nReversed with finding of facts.\nOpinion filed October 8, 1914.\nStatement of the Case.\nQuasi-criminal action by the City of Chicago against Frank J. Geraghty charging defendant with making, aiding, countenancing and assisting in making an improper noise, riot and disturbance, breach of the peace, etc., contrary to and in violation of section 2012 of the Chicago Code. The court found defendant guilty and fined him five dollars and costs. To reverse the judgment, defendant prosecutes a writ of error.\nDefendant urged as ground for reversal that the court erred in overruling his motion for a continuance, whereby he was not given an opportunity to present all his evidence; that the finding of the court was against the weight pf the evidence, and that the court erred in refusing to hear affidavits in support of Ms motion to vacate the judgment and grant a new trial, and also erred in overruling his motion for a new trial.\nAbstract of the Decision.\n1. Continuance, \u00a7 66 \u2014when refusal of constitutes an abuse of discretion. Action of a judge of the Municipal Court in refusing a request by defendant for a continuance to enable him to engage an attorney, and in saying to defendant that he had no need of an attorney\u2019s services, held an abuse of discretion, it appearing that defendant was arrested Sunday afternoon charged with a violation of a city ordinance and was not released on bail until 7:40 p. m.; that he lived in a suburb of the City, more than twenty miles away, and that he was required to be present in court at 9 o\u2019clock the next morning.\n2. Municipal corporations, \u00a7 864 \u2014when finding of guilty for violation of ordinance not sustained by the evidence. On a complaint filed in the Municipal Court charging defendant with disturbing the peace in violation of a city ordinance, a finding of guilty held not sustained by the evidence, it appearing that the only evidence introduced on behalf of plaintiff was the testimony of the officer who arrested defendant, and that his testimony did not show wherein the defendant was guilty of the offense charged. \"\nWilliam E. Cloyes, for plaintiff in error.\nWilliam H. Sexton and James S. McInerney, for defendant in error; Albert J. W. Appell, of counsel.\nSee Illinois Notes Digest, Vols. XI to XV, and Cumulative Quarterly, same topic and section number."
  },
  "file_name": "0090-01",
  "first_page_order": 116,
  "last_page_order": 117
}
