{
  "id": 2910746,
  "name": "Hugo Fritsch, Defendant in Error, v. Henry Junius et al., Plaintiffs in Error",
  "name_abbreviation": "Fritsch v. Junius",
  "decision_date": "1914-10-08",
  "docket_number": "Gen. No. 19,489",
  "first_page": "36",
  "last_page": "38",
  "citations": [
    {
      "type": "official",
      "cite": "189 Ill. App. 36"
    }
  ],
  "court": {
    "name_abbreviation": "Ill. App. Ct.",
    "id": 8837,
    "name": "Illinois Appellate Court"
  },
  "jurisdiction": {
    "id": 29,
    "name_long": "Illinois",
    "name": "Ill."
  },
  "cites_to": [],
  "analysis": {
    "cardinality": 249,
    "char_count": 3805,
    "ocr_confidence": 0.57,
    "sha256": "923a22da682eac50c1e556b9fef044943773f5c17bbf38024e7cc3c9e66129bf",
    "simhash": "1:69d0d02c610a7297",
    "word_count": 652
  },
  "last_updated": "2023-07-14T20:38:10.053698+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "Hugo Fritsch, Defendant in Error, v. Henry Junius et al., Plaintiffs in Error."
    ],
    "opinions": [
      {
        "text": "Mr. Presiding Justice Fitch\ndelivered the opinion of the court.\n4. Municipal, Court of Chicago, \u00a7 26 \u2014judge authorised to extend time for presenting statement of facts. Under paragraph 6 of section 23 of the Municipal Court Act, J. & A. \u00b6 3335, any judge of that court may, within -the thirty days allowed for presenting a statement of facts or stenographic report, enter an order extending the time for presenting the same to the trial judge.",
        "type": "majority",
        "author": "Mr. Presiding Justice Fitch"
      }
    ],
    "attorneys": [
      "Charles F. Vogel, for plaintiffs in error.",
      "Lewis F. Jacobson, for defendant in error."
    ],
    "corrections": "",
    "head_matter": "Hugo Fritsch, Defendant in Error, v. Henry Junius et al., Plaintiffs in Error.\nGen. No. 19,489.\n(Not to be reported in full.)\nError to the Municipal Court of Chicago; the Hon. Joseph S. LaBuy, Judge, presiding. Heard in the Branch Appellate Court at the October term, 1913.\nReversed and remanded.\nOpinion filed October 8, 1914.\nStatement of the Case.\nAction brought in the Municipal Court by Hugo Fritsch against Henry Junius, Otto Kleker and Mrs. Otto Kleker to recover for labor and materials furnished by plaintiff at the request of the defendant Junius on a building owned by the Klekers. The statement of claim averred that plaintiff furnished materials and labor of the reasonable value of two hundred and fifty dollars, that the owners of the building never paid Junius for the same \u201cnor received from him any affidavit in regard to subcontractors as provided by law.\u201d Defendants denied under oath all liability either joint or several. Upon a trial by the court without a jury a judgment was entered in favor of plaintiff against the defendants for two hundred and fifty dollars. To reverse the judgment, defendants prosecute a writ of error.\nAbstract of the Decision.\n1. Assumpsit, action of, \u00a7 89 \u2014when evidence insufficient to sustain joint judgment for labor and materials furnished. In an action against three defendants for work and materials alleged to have .been furnished at the request of one of the defendants on a building owned by the two other defendants, held that a judgment against all the defendants could not be sustained for the reason there was no evidence to show a joint contract or to show any joint liability under the Mechanic\u2019s Lien Act, J. & A. \u00b6\u00b6 7139 et seq., it appearing that the defendant alleged to have requested the work was an employee of a construction company and that he merely requested the plaintiff to submit an estimate of the work to the company.\n2. Judgment, \u00a7 190 \u2014effect when erroneous as to one joint defendant. A judgment against three defendants which is erroneous as to one is erroneous in toto.\n3. Municipal Court of Chicago, \u00a7 26 \u2014when statement of facts or stenographic report sufficient. A statement of facts or stenographic report held to substantially comply with paragraph 6 of section 23 of the Municipal Court Act, J. & A. \u00b6 3335, where the certificate of the trial judge stated over his signature that it was \u201ca full, true and correct statement of all the facts and evidence introduced or offered by either or any of the parties in the above entitled cause, and all questions of law involved in the case, and of all the proceedings had before me in said cause,\u201d and the document to which the certificate was appended was in the form of a stenographic report of the proceedings at the trial, was certified to contain all the evidence and showed oh its face the objections made and the rulings of the court therein, and to such document was attached a statement of the rulings of the court upon the several motions made before and after the finding, and the propositions of law marked \u201cheld\u201d and \u201crefused.\u201d\nCharles F. Vogel, for plaintiffs in error.\nLewis F. Jacobson, for defendant in error.\nSee Illinois Notes Digest, Vols. XI to XV, and Cumulative Quarterly, same topic and section number.\nSee Illinois Notes Digest, Vols. XI to XV, and Cumulative Quarterly, same topic and section number."
  },
  "file_name": "0036-01",
  "first_page_order": 62,
  "last_page_order": 64
}
