{
  "id": 2905908,
  "name": "In re Petition of Louis Greenberg, Appellant, v. Minnie V. Connor, Appellee",
  "name_abbreviation": "Greenberg v. Connor",
  "decision_date": "1914-11-10",
  "docket_number": "Gen. No. 19,947",
  "first_page": "419",
  "last_page": "420",
  "citations": [
    {
      "type": "official",
      "cite": "189 Ill. App. 419"
    }
  ],
  "court": {
    "name_abbreviation": "Ill. App. Ct.",
    "id": 8837,
    "name": "Illinois Appellate Court"
  },
  "jurisdiction": {
    "id": 29,
    "name_long": "Illinois",
    "name": "Ill."
  },
  "cites_to": [],
  "analysis": {
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    "ocr_confidence": 0.587,
    "pagerank": {
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    "simhash": "1:c9f7ca91544cf314",
    "word_count": 394
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  "last_updated": "2023-07-14T20:38:10.053698+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "In re Petition of Louis Greenberg, Appellant, v. Minnie V. Connor, Appellee."
    ],
    "opinions": [
      {
        "text": "Mr. Presiding Justice Barnes\ndelivered the opinion of the court.\n3. Execution, \u00a7 302 \u2014when rule as to extrinsic evidence inapplicable. The rule that where there are several counts in the declaration\" and malice is the gist of some but not of others, the question whether extrinsic evidence may be resorted- to to determine under which count the verdict was rendered, is not applicable where each count charges malice and the judgment necessarily involves the determination of that question as one of the issues.",
        "type": "majority",
        "author": "Mr. Presiding Justice Barnes"
      }
    ],
    "attorneys": [
      "Martin Connor, for appellant.",
      "William J. Stapleton, for appellee."
    ],
    "corrections": "",
    "head_matter": "In re Petition of Louis Greenberg, Appellant, v. Minnie V. Connor, Appellee.\nGen. No. 19,947.\n(Not to be reported in full.)\nAbstract of the Decision.\n1. Execution, \u00a7 295 \u2014when declaration to show malice the gist of the action within meaning of Insolvent Debtors\u2019 Act. A count in a declaration, charging among other things that the petitioner, with force and arms, etc., broke open the outer doors of the, judgment creditor\u2019s dwelling and continued to make a great noise and disturbance therein for three days, held to show malice as the term is used in the Insolvent Debtors\u2019 Act, J. & A. \u00b6\u00b6 6198 et seq., and held that the judgment against petitioner was, under the doctrine of res adjudicate, conclusive of that question and estopped petitioner from showing the contrary.\n2. Execution, \u00a7 295 \u2014determination as to whether malice is gist of action. Whether malice is the gist of a civil action within the meaning of the Insolvent Debtors\u2019 Act, J. & A. \u00b6\u00b6 6198 et seq.. may be determined alone from an inspection of the record thereof and particularly from the allegations of the declaration.\nAppeal from the County Court of Cook county; the Hon. John E. Owens, Judge, presiding. Heard in the Branch Appellate Court at the October term, 1913.\nAffirmed.\nOpinion filed November 10, 1914.\nStatement of the Case.\nPetition by Louis Greenberg in the County Court for discharge, under the Insolvent Debtors\u2019 Act, from custody under a capias ad satisfaciendum issued on a judgment recovered against him in the Circuit Court in favor of Minnie V. Connor. To reverse a judgment dismissing the petition, petitioner appeals.\nMartin Connor, for appellant.\nWilliam J. Stapleton, for appellee.\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": "0419-01",
  "first_page_order": 445,
  "last_page_order": 446
}