{
  "id": 2904695,
  "name": "John Hulla and E. Bloomer, Defendants in Error, v. Louis Kaplan, Plaintiff in Error",
  "name_abbreviation": "Hulla v. Kaplan",
  "decision_date": "1914-10-08",
  "docket_number": "Gen. No. 19,785",
  "first_page": "61",
  "last_page": "62",
  "citations": [
    {
      "type": "official",
      "cite": "189 Ill. App. 61"
    }
  ],
  "court": {
    "name_abbreviation": "Ill. App. Ct.",
    "id": 8837,
    "name": "Illinois Appellate Court"
  },
  "jurisdiction": {
    "id": 29,
    "name_long": "Illinois",
    "name": "Ill."
  },
  "cites_to": [],
  "analysis": {
    "cardinality": 197,
    "char_count": 2730,
    "ocr_confidence": 0.565,
    "sha256": "367ca6d53aec6d057bcb65da61089f20b81689d3a5a635b483d0687790e9c44d",
    "simhash": "1:09f24f94db8f8891",
    "word_count": 471
  },
  "last_updated": "2023-07-14T20:38:10.053698+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "John Hulla and E. Bloomer, Defendants in Error, v. Louis Kaplan, Plaintiff in Error."
    ],
    "opinions": [
      {
        "text": "Mr. Presiding Justice Fitch\ndelivered the opinion of the court.\n3. Judgment, \u00a7 145 \u2014when affidavits insufficient to show defense on motion to vacate default. On motion to vacate default judgment for work and materials furnished in constructing a building for defendant, affidavits setting up that plaintiffs failed to furnish defendant with \u201clien waivers,\u201d as required by the contract, held insufficient to show a defense, where one of the affidavits stated that it was -understood at the time defendant made a certain payment that the waivers were to be delivered when the balance due was paid or signed notes for that amount were delivered, and it did not appear that defendant delivered or offered to deliver the signed notes, or ever paid or offered to pay the balance due.",
        "type": "majority",
        "author": "Mr. Presiding Justice Fitch"
      }
    ],
    "attorneys": [
      "Edward J. Kelley and Meyer Shapiro, for plaintiff in error.",
      "Francis E. Croarkin, for defendants in error."
    ],
    "corrections": "",
    "head_matter": "John Hulla and E. Bloomer, Defendants in Error, v. Louis Kaplan, Plaintiff in Error.\nGen. No. 19,785.\n(Not to be reported in full.)\nAbstract of the Decision.\n1. Judgment, \u00a7 132 \u2014discretion of court in ruling on motion to vacate. Motions to vacate a judgment are addressed to the sound judicial discretion of the court, and unless there has been an abuse of such discretion the ruling of the trial court will not be disturbed.\n2. Judgment, \u00a7 146 \u2014-when affidavit in support of motion to vacate insufficient to show diligence. An affidavit by defendant\u2019s attorney filed in support of a motion to vacate a judgment, stating that the reason he was not in court at the time the case was called was that he had mislaid his calendar and was unable to procure another, and that the case was called for trial on the first day after the summer vacation was ended, and that he was not in the city until the day before the trial, held not to constitute a showing of due diligence.\nError to the Municipal Court of Chicago; the Hon. Charles A. Williams, Judge, presiding. Heard in the Branch Appellate Court at the October term, 1913.\nAffirmed.\nOpinion filed October 8, 1914.\nStatement of the Case.\nMotion filed in the Municipal Court by Louis Kaplan to vacate a judgment entered against him in favor of John Hulla and E. Bloomer on defendant\u2019s failure to appear when case was called for trial upon the regular call of the jury calendar. One motion was filed three days after the judgment was entered and was heard and denied and a second motion of the same character was filed five days thereafter which was also denied. Defendant prosecutes a writ of error.\nEdward J. Kelley and Meyer Shapiro, for plaintiff in error.\nFrancis E. Croarkin, for defendants 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": "0061-01",
  "first_page_order": 87,
  "last_page_order": 88
}