{
  "id": 2877799,
  "name": "John T. Byrnes, Administrator, Appellee, v. Solomon Zemoan, Appellant",
  "name_abbreviation": "Byrnes v. Zemoan",
  "decision_date": "1915-06-17",
  "docket_number": "Gen. No. 20,510",
  "first_page": "341",
  "last_page": "343",
  "citations": [
    {
      "type": "official",
      "cite": "194 Ill. App. 341"
    }
  ],
  "court": {
    "name_abbreviation": "Ill. App. Ct.",
    "id": 8837,
    "name": "Illinois Appellate Court"
  },
  "jurisdiction": {
    "id": 29,
    "name_long": "Illinois",
    "name": "Ill."
  },
  "cites_to": [],
  "analysis": {
    "cardinality": 190,
    "char_count": 2692,
    "ocr_confidence": 0.542,
    "sha256": "90038697fc744d10e4a8e6748c221a5d021b3c886aa4d5a3b59682993740fc50",
    "simhash": "1:a94378dce5cf609d",
    "word_count": 469
  },
  "last_updated": "2023-07-14T16:49:21.752065+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "John T. Byrnes, Administrator, Appellee, v. Solomon Zemoan, Appellant."
    ],
    "opinions": [
      {
        "text": "Mr. Presiding Justice Pitch\ndelivered the opinion of the court.",
        "type": "majority",
        "author": "Mr. Presiding Justice Pitch"
      }
    ],
    "attorneys": [
      "Daniel S. Wentworth, C. A. Coolidge and David B. Maloney, for appellant.",
      "John T. Byrnes, for appellee."
    ],
    "corrections": "",
    "head_matter": "John T. Byrnes, Administrator, Appellee, v. Solomon Zemoan, Appellant.\nGen. No. 20,510.\n(Not to be reported in full.)\nError to the Municipal Court of Chicago; the Hon. William N. Gem mill, Judge, presiding.\nHeard in the Branch Appellate Court at the October term, 1914.\nReversed and remanded.\nOpinion filed June 17, 1915.\nStatement of the Case.\nAction by John T. Byrnes, as administrator of the estate of Daniel Byrnes, deceased, against Solomon Zemoan for attorney\u2019s fees alleged to have been earned by the plaintiff\u2019s intestate. The defendant filed an affidavit of merits, stating that the services had been paid for during the lifetime of the deceased, and also that the deceased was indebted to the defendant for money loaned. On May 5, 1914, the case was called for trial in the absence of the defendant and a judgment rendered against him for the amount claimed. The next day the defendant moved to vacate the judgment and, in support of his motion, filed several affidavits, showing that defendant had a meritorious defense to the plaintiff\u2019s claim; and also stating, in substance, that before the opening of court on the day the judgment was rendered, the defendant and a man from the office of the defendant\u2019s attorney went to the court room and told the clerk of the court that defendant\u2019s attorney was actually engaged in the trial of a case in another court of record and would be so engaged all that day. The affidavits also showed that defendant\u2019s attorney was in fact so engaged all that day. The defendant asked the clerk whether it would be necessary for him to remain, to which the clerk replied in the negative, saying that the case would be passed if reached for trial on that day. The motion to vacate was denied and the defendant brings error.\nAbstract of the Decision.\nJudgment, \u00a7 2&& \u2014w7ien vacated because of absence of defendant and Ms counsel. Where, before the opening of court on the day set for the trial of a case in the Municipal Court of the city of Chicago, the defendant informed the clerk that his attorney was actually engaged in the trial of a cause in a court of record and was told by the clerk that he need not remain as his case would be passed when called, but instead a judgment was rendered for the plaintiff in the absence of the defendant or his counsel, held that the judgment should have been vacated on the defendant\u2019s showing of the facts and filing an affidavit of merits.\nDaniel S. Wentworth, C. A. Coolidge and David B. Maloney, for appellant.\nJohn T. Byrnes, for appellee.\nSee Illinois Notes Digest, Vols. XI to XV, and Cumulative Quarterly, same topic and section number."
  },
  "file_name": "0341-01",
  "first_page_order": 363,
  "last_page_order": 365
}