{
  "id": 2881663,
  "name": "Lena Bieber, Defendant in Error, v. Fred Thoma and Otto Thoma. Fred Thoma, Plaintiff in Error",
  "name_abbreviation": "Bieber v. Thoma",
  "decision_date": "1915-06-17",
  "docket_number": "Gen. No. 20,495",
  "first_page": "441",
  "last_page": "442",
  "citations": [
    {
      "type": "official",
      "cite": "194 Ill. App. 441"
    }
  ],
  "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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    "char_count": 2570,
    "ocr_confidence": 0.562,
    "sha256": "fcc3f3b8ccaabf80b61c1df4c97305959dff6c73d138b9c70cd5318f464c5408",
    "simhash": "1:832c1b41332372cc",
    "word_count": 453
  },
  "last_updated": "2023-07-14T16:49:21.752065+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "Lena Bieber, Defendant in Error, v. Fred Thoma and Otto Thoma. Fred Thoma, Plaintiff in Error."
    ],
    "opinions": [
      {
        "text": "Mr. Justice Pam\ndelivered the opinion of the court.\n4. Appeal and error, \u00a7 843*\u2014when signing of bill of exceptions by another judge unauthorized. The signing of a bill of exceptions and the ordering of the filing thereof as per day of presentation by a judge who did not try the case does not confer validity upon it, where the bill of exceptions was marked \u201cpresented\u201d by the trial judge and filed without his signature with the clerk of court before the expiration of the time for filing, and there was nothing in the order of the second judge or in the record to show that the trial judge was unable to sign the bill of exceptions before it was filed with the clerk, or for five weeks after expiration of date of filing.",
        "type": "majority",
        "author": "Mr. Justice Pam"
      }
    ],
    "attorneys": [
      "F. H. Novak and Charles Hughes, for plaintiff in error.",
      "Vincent G. Gallagher and Ernest Messner, for defendant in error."
    ],
    "corrections": "",
    "head_matter": "Lena Bieber, Defendant in Error, v. Fred Thoma and Otto Thoma. Fred Thoma, Plaintiff in Error.\nGen. No. 20,495.\n(Not to be reported in full.)\nError to the Superior Court of Cook county; the Hon. Henry V. Freeman, Judge, presiding.\nHeard in the Branch Appellate Court at the October term, 1914.\nAffirmed.\nOpinion filed June 17, 1915.\nRehearing denied July 3, 1915.\nAbstract of the Decision.\n1. Appeal and error, \u00a7 839 \u2014hill of exceptions must he filed. Where a bill of exceptions has once been signed, the parties charged with presentation and filing thereof must file same within a reasonable length of time.\n2. Appeal and error, \u00a7 843 \u2014what is purpose of section 81 of Practice Act. The provision in the Practice Act, sec. 81 (J. & A. If 8618), permitting another judge to sign the bill of exceptions, is only to provide for a contingency that might arise, for which neither of the parties is responsible,\u2014the disability of the judge.\n3. Appeal and error, \u00a7 843 \u2014ulhat showing necessary to permit signing of hill of exceptions hy another judge. The fact that the trial judge is physically disabled must affirmatively appear in the order, by virtue of which another judge under the Practice Act, sec. 81 (J. & A. jf 8618), signs a bill of exceptions nunc pro tunc.\nStatement of the Case.\nAction by Lena Bieber against Fred Thoma and Otto Thoma, for damages for injuries sustained by reason of having been bitten by a dog alleged to have been the property of the defendants. From a judgment for plaintiff; Fred Thoma appeals.\nF. H. Novak and Charles Hughes, for plaintiff in error.\nVincent G. Gallagher and Ernest Messner, for defendant in error.\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": "0441-01",
  "first_page_order": 463,
  "last_page_order": 464
}