{
  "id": 2909362,
  "name": "Nellie Carlin, Administratrix, Appellee, v. Grand Trunk Western Railway Company, Appellant",
  "name_abbreviation": "Carlin v. Grand Trunk Western Railway Co.",
  "decision_date": "1914-11-19",
  "docket_number": "Gen. No. 19,985",
  "first_page": "489",
  "last_page": "490",
  "citations": [
    {
      "type": "official",
      "cite": "189 Ill. App. 489"
    }
  ],
  "court": {
    "name_abbreviation": "Ill. App. Ct.",
    "id": 8837,
    "name": "Illinois Appellate Court"
  },
  "jurisdiction": {
    "id": 29,
    "name_long": "Illinois",
    "name": "Ill."
  },
  "cites_to": [
    {
      "cite": "243 Ill. 64",
      "category": "reporters:state",
      "reporter": "Ill.",
      "case_ids": [
        3413883
      ],
      "opinion_index": -1,
      "case_paths": [
        "/ill/243/0064-01"
      ]
    }
  ],
  "analysis": {
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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": [
      "Nellie Carlin, Administratrix, Appellee, v. Grand Trunk Western Railway Company, Appellant."
    ],
    "opinions": [
      {
        "text": "Mr. Presiding Justice Fitch\ndelivered the opinion of the court.",
        "type": "majority",
        "author": "Mr. Presiding Justice Fitch"
      }
    ],
    "attorneys": [
      "Kretzinger & Kretzinger, and L. L. Smith, for appellant.",
      "Roy D. Keehn, for appellee."
    ],
    "corrections": "",
    "head_matter": "Nellie Carlin, Administratrix, Appellee, v. Grand Trunk Western Railway Company, Appellant.\nGen. No. 19,985.\n(Not to be reported in full.)\nAppeal from the Circuit Court of Cook county; the Hon. Harry C. Moran, Judge, presiding. Heard in the Branch Appellate Court at the October term, 1913.\nReversed and remanded.\nOpinion filed November 19, 1914.\nStatement of the Case.\nAction by Nellie Carlin, administratrix of the estate of Hans P. Schmidt, deceased, against Grand Trunk Western Railway Company to recover damages for wrongfully causing the death of plaintiff\u2019s intestate.\nOn October 12, 1907, appellee recovered a judgment against appellant in the Circuit Court of Cook county in an action on the case for wrongfully causing the death of Hans P. Schmidt. On December 22, 1909, this judgment was reversed and remanded by. the Supreme Court (see 243 Ill. 64), and on July 20, 1911, the mandate of the Supreme Court was filed in the Circuit Court. On the next day an order was entered by the Circuit Court, on the petition of the attorney for appellee, and apparently without notice to appellant, that the cause \u201cbe reinstated and re-docketed.\u201d No appearaifce was entered by appellant after the filing of such mandate, and no notice that .the mandate had been filed or that the cause had been redocketed was ever served on appellant. On February 19, 1913, the case came on for trial and was tried in appellant\u2019s absence and a verdict and judgment were rendered in favor of appellee for $1,975. To reverse the judgment, defendant appeals.\nKretzinger & Kretzinger, and L. L. Smith, for appellant.\nAbstract of the Decision.\n1. Appeal and error, \u00a7 1826 \u2014jurisdiction of trial court after remandment by Supreme Court. Where a cause is remanded by the Supreme Court to the Circuit Court, the latter court obtains jurisdiction of the subject-matter on the filing of the transcript but does not obtain jurisdiction of the person of the appellant until the statutory ten days\u2019 notice is given as required by section 113 of the Practice Act, J. & A.- jf 8650.\n2. Appeal and error, \u00a7 1827*\u2014effect of failure to give statutory notice after remandment. Where -the Circuit Court after remandment of a cause to it by the Supreme Court reinstates the cause without the statutory tefi days\u2019 notice being given to appellant as required by section 113 of the Practice Act, J. & A. If 8650 and proceeds with the trial to judgment against the appellant without any appearance by him, the judgment will be reversed for want of the trial court\u2019s jurisdiction of appellant, but will not be reversed without remandment where the transcript of the order remanding the cause was filed within two years from the time of the making of the order.\nRoy D. Keehn, for appellee.\nSee Illinois Notes Digest, Vols. XI to XV, and Cumulative Quarterly, same topic and section number."
  },
  "file_name": "0489-01",
  "first_page_order": 515,
  "last_page_order": 516
}