{
  "id": 2876958,
  "name": "J. Spencer Turner Company, Defendant in Error, v. Bruno Schwill, Plaintiff in Error",
  "name_abbreviation": "J. Spencer Turner Co. v. Schwill",
  "decision_date": "1915-12-06",
  "docket_number": "Gen. No. 21,068",
  "first_page": "432",
  "last_page": "433",
  "citations": [
    {
      "type": "official",
      "cite": "195 Ill. App. 432"
    }
  ],
  "court": {
    "name_abbreviation": "Ill. App. Ct.",
    "id": 8837,
    "name": "Illinois Appellate Court"
  },
  "jurisdiction": {
    "id": 29,
    "name_long": "Illinois",
    "name": "Ill."
  },
  "cites_to": [],
  "analysis": {
    "cardinality": 170,
    "char_count": 2271,
    "ocr_confidence": 0.546,
    "sha256": "f4f56b9b5d4c1c5a07e729b0f9e3559b1c1e6bc90cdea5a18c28fb4925cb7181",
    "simhash": "1:ca67c093588702d5",
    "word_count": 385
  },
  "last_updated": "2023-07-14T18:42:01.145099+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "J. Spencer Turner Company, Defendant in Error, v. Bruno Schwill, Plaintiff in Error."
    ],
    "opinions": [
      {
        "text": "Mr. Justice Holdom\ndelivered the opinion of the court.\n4. Appeal and error, \u00a7 594 \u2014when motion for new trial ineffective to preserve question for review. A motion for a new trial in an action tried without a jury preserves no questions of law for review, for the reason that such motion is aimless and serves no purpose available in a higher court.",
        "type": "majority",
        "author": "Mr. Justice Holdom"
      }
    ],
    "attorneys": [
      "Rosenthal & Hamill, for plaintiff in error; Charles H. Hamill, of counsel.",
      "Litzinger, McGurn & Reid, for defendant in error; Edward R. Litzinger, of counsel."
    ],
    "corrections": "",
    "head_matter": "J. Spencer Turner Company, Defendant in Error, v. Bruno Schwill, Plaintiff in Error.\nGen. No. 21,068.\n(Not to be reported in full.)\nAbstract of the Decision.\n1. Appeal and error, \u00a7 384 \u2014when objection must be saved below. Where irregularities occur in the trial court without objection by plaintiff in error, such irregularities cannot be availed of for the first time in the Appellate Court.\n2. Appeal and error, \u00a7 493 \u2014when judgment in excess of ad damnum not available in absence of objection below. The objection that the judgment sought to be reversed exceeds the ad damnum is not available when made for the first time on review, especially where defendant could not have been misled thereby, as where copies of the notes sued on were part of plaintiff\u2019s pleadings, although it may appear from the statement of claim that the judgment is for an amount in excess of what is due.\n3. Appeal and error, \u00a7 1313 \u2014what presumed where no propositions of law submitted. Where in a case tried without a jury no propositions of law are submitted to be held by the trial court, it will be presumed on review that all questions of law were, correctly decided.\nError to the Municipal Court of Chicago; the Hon. Oscar M. Torrison, Judge, presiding.\nHeard in this court at the March term, 1915.\nAffirmed.\nOpinion filed December 6, 1915.\nStatement of the Case.\nAction by the J. Spencer Turner Company, plaintiff, against Bruno Schwill, defendant, in the Municipal Court of Chicago. To reverse a judgment for plaintiff for $10,561.77, defendant prosecutes this writ of error.\nRosenthal & Hamill, for plaintiff in error; Charles H. Hamill, of counsel.\nLitzinger, McGurn & Reid, for defendant in error; Edward R. Litzinger, of counsel.\nSee Illinois Notes Digest, Vols. XI to XV, and Cumulative Quarterly, game topic and section number.\nSee Illinois Notes Digest, Vols. XI to XV, and Cumulative Quarterly, same topic and section number."
  },
  "file_name": "0432-01",
  "first_page_order": 458,
  "last_page_order": 459
}