{
  "id": 2895676,
  "name": "John Nelson, Appellee, v. Samuel Cohn et al., on appeal of Michael Cagney, Appellant",
  "name_abbreviation": "Nelson v. Cohn",
  "decision_date": "1915-04-28",
  "docket_number": "Gen. No. 19,346",
  "first_page": "444",
  "last_page": "445",
  "citations": [
    {
      "type": "official",
      "cite": "192 Ill. App. 444"
    }
  ],
  "court": {
    "name_abbreviation": "Ill. App. Ct.",
    "id": 8837,
    "name": "Illinois Appellate Court"
  },
  "jurisdiction": {
    "id": 29,
    "name_long": "Illinois",
    "name": "Ill."
  },
  "cites_to": [],
  "analysis": {
    "cardinality": 157,
    "char_count": 1676,
    "ocr_confidence": 0.524,
    "sha256": "395dcd3adc71307bcd262a4a9b020d9f229f96b352703cc0424e90052ea42a82",
    "simhash": "1:0a7dcda75429e3a0",
    "word_count": 295
  },
  "last_updated": "2023-07-14T19:32:59.384140+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "John Nelson, Appellee, v. Samuel Cohn et al., on appeal of Michael Cagney, Appellant."
    ],
    "opinions": [
      {
        "text": "Mr. Presiding Justice Baume\ndelivered the opinion of the court.",
        "type": "majority",
        "author": "Mr. Presiding Justice Baume"
      }
    ],
    "attorneys": [
      "Michael Cagney, pro se."
    ],
    "corrections": "",
    "head_matter": "John Nelson, Appellee, v. Samuel Cohn et al., on appeal of Michael Cagney, Appellant.\nGen. No. 19,346.\n(Not to be reported in full.)\nAppeal from the Circuit Court of Cook county; the Hon. Charles M. Walker and Hon. Richard S. Tuthill, Judges, presiding. Heard in the Branch Appellate Court at the March term, 1913. Reversed and remanded.\nOpinion filed April 28, 1915.\nRehearing denied May 12, 1915.\nAbstract of the Decision.\n1. Equity, \u00a7 479 \u2014when decree pro confesso must conform to the Mil. It may be shown by a defendant in a decree entered pro confesso that the decree is not justified by the averments in the bill.\n2. Mortgages, \u00a7 477*\u2014when exhibits on bill to foreclose control allegations. Where a bill for the foreclosure of a mortgage predicates a right to relief on a note and mortgage, which, as exhibits, are made a part thereof by reference, they control the allegations of the bill, and hence where they show that an interest note, nonpayment of which was the basis of the proceeding, had not matured at the time suit was begun, a decree pro comfesso will be set aside.\nStatement of the Case.\nBill by John Nelson in the Circuit Court of Cook county against Samuel Cohn, Michael Cagney and Hannah C'ohn to foreclose a deed of trust in the nature of a mortgage, executed by Samuel Cohn and Hannah Cohn to secure the payment of notes by them payable to the order of themselves. The deed was entered pro confesso. There is no appearance in the Appellate Court by the appellee.\nMichael Cagney, pro se.\nSee Illinois Notes Digest, Vols. XI to XV, and Cumulative Quarterly, same topic anti section number."
  },
  "file_name": "0444-01",
  "first_page_order": 468,
  "last_page_order": 469
}