{
  "id": 2900185,
  "name": "Wallace L. De Wolf et al., Appellees, v. Marguerite Springer, Executrix, Appellant",
  "name_abbreviation": "De Wolf v. Springer",
  "decision_date": "1914-12-22",
  "docket_number": "Gen. No. 20,220",
  "first_page": "116",
  "last_page": "117",
  "citations": [
    {
      "type": "official",
      "cite": "190 Ill. App. 116"
    }
  ],
  "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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  "last_updated": "2023-07-14T20:39:36.956740+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "Wallace L. De Wolf et al., Appellees, v. Marguerite Springer, Executrix, Appellant."
    ],
    "opinions": [
      {
        "text": "Mr. Presiding Justice Barnes\ndelivered the opinion of the court.",
        "type": "majority",
        "author": "Mr. Presiding Justice Barnes"
      }
    ],
    "attorneys": [
      "Eugene M. Bumphrey, for appellant.",
      "George W. Wilbur, for appellees."
    ],
    "corrections": "",
    "head_matter": "Wallace L. De Wolf et al., Appellees, v. Marguerite Springer, Executrix, Appellant.\nGen. No. 20,220.\n(Not to be reported in full.)\nAppeal from the Circuit Court of Cook county; the Hon. John Gibbons, Judge, presiding. Heard in the Branch Appellate Court at the March term, 1914.\nAffirmed.\nOpinion filed December 22, 1914.\nStatement of the Case.\nIn an action by Wallace L. DeWolf and others against Marguerite Springer, as executrix, an order entered found due from Warren Springer in his lifetime the sum of $25,000, and provided, \u201cthat judgment be and\" the same is hereby entered upon said finding against the estate of said Warren Springer, deceased, and against said Marguerite Springer as executrix of the last will and testament of the said Warren Springer, deceased.\u201d Such order was amended by striking out the words \u201cestate of said Warren Springer, deceased,\u201d and adding \u201cas a claim of the seventh class to be paid in due course of administration.\u201d The defendant appealed and questioned the power to amend such judgment subsequent to entry.\nAbstract of the Decision.\n1. Judgment, \u00a7 256 \u2014what amendment may he allowed after term. An amendment to a judgment against the estate of a person- and against the executrix of such person by striking out the words as to the estate and adding words requiring the claim \u201cto be paid in due cpurse of administration,\u201d makes a change in a matter of mere form and not of substance, and such amendment may be made after the term from the pleadings and files in the case and the entries in the clerk\u2019s minute books.\n2. Executobs and adminxstbatobs, \u00a7 272*\u2014when claim against estate may he classified in judgment. The classification of a claim against a deceased person in a judgment is a matter of form and is proper under the statutes as to the allowance of claims against estates.\n3. Judgment, \u00a7 252*\u2014when judgment may he amended after term. Consent to the entering of a judgment against an estate goes to the substance rather than to the form of the judgment, and the court may under the statute of amendments and jeofails, correct such judgment in order to render it effective \u201cso that it shall not be reversed and annulled.\u201d\nEugene M. Bumphrey, for appellant.\nGeorge W. Wilbur, for appellees.\nSee Illinois Notes Digest, Vois. XI to XV, and Cumulative Quarterly, same topic and section number."
  },
  "file_name": "0116-01",
  "first_page_order": 138,
  "last_page_order": 139
}
