{
  "id": 5378379,
  "name": "Marshall Stedman, Appellee, v. Chicago Musical College, Appellant",
  "name_abbreviation": "Stedman v. Chicago Musical College",
  "decision_date": "1916-01-03",
  "docket_number": "Gen. No. 21,414",
  "first_page": "356",
  "last_page": "357",
  "citations": [
    {
      "type": "official",
      "cite": "197 Ill. App. 356"
    }
  ],
  "court": {
    "name_abbreviation": "Ill. App. Ct.",
    "id": 8837,
    "name": "Illinois Appellate Court"
  },
  "jurisdiction": {
    "id": 29,
    "name_long": "Illinois",
    "name": "Ill."
  },
  "cites_to": [],
  "analysis": {
    "cardinality": 171,
    "char_count": 2471,
    "ocr_confidence": 0.564,
    "sha256": "995d3505e752db1a58bd465710a1489b1efd9c5ea7e01889a06aa35c2bbdde45",
    "simhash": "1:9b1ef523578c82c5",
    "word_count": 394
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  "last_updated": "2023-07-14T16:24:45.151974+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "Marshall Stedman, Appellee, v. Chicago Musical College, Appellant."
    ],
    "opinions": [
      {
        "text": "Mr. Justice Baker\ndelivered the opinion of the court.",
        "type": "majority",
        "author": "Mr. Justice Baker"
      }
    ],
    "attorneys": [
      "J. E. Ingram, for appellant; Herman Frank and G. W. Killelea, of counsel.",
      "John A. McKeown, for appellee."
    ],
    "corrections": "",
    "head_matter": "Marshall Stedman, Appellee, v. Chicago Musical College, Appellant.\nGen. No. 21,414.\n(Not to be reported in full.)\nAppeal from the Circuit Court of Cook county; the Hon. John Gibbons, Judge, presiding.\nHeard in this court at the March term, 1915.\nAffirmed.\nOpinion filed January 3, 1916.\nStatement of the Case.\nAction by Marshall Stedman, plaintiff, against Chicago Musical College, a corporation, defendant. From a judgment for plaintiff for $5,831.50, defendant appeals.\nError charged by defendant was the action of the trial court in permitting plaintiff to file an amended declaration and an amended affidavit of claim after defendant had filed a plea of the general issue and after the same were filed striking out defendant\u2019s plea, ordering that the default of defendant be entered and entering judgment against it for $5,831.50. The order giving-plaintiff leave to file an amended declaration and an amended affidavit of claim was entered November 2, 1914. The amended declaration and amended affidavit of claim were filed the same day. The order provided that defendant\u2019s \u201cplea now on file shall stand to said amended declaration, to which latter plaintiff objects and excepts.\u201d November 25th defendant\u2019s plea was stricken out, its default taken and judgment entered against defendant. The bill of exceptions showed that defendant by its counsel objected to plaintiff\u2019s motion for leave to amend, but its objection was overruled and defendant excepted; that defendant also excepted to the judgment and prayed an appeal, which was allowed on defendant filing a bond, etc. The record showed no motion of defendant for leave to file an affidavit of merits.\nAbstract of the Decision.\n1. Pleading, \u00a7 248 \u2014when allowance of amendment in power of court. The court may permit plaintiff, over defendant\u2019s objection, to file an amended declaration and amended affidavit of claim after defendant has filed a plea of the general issue.\n2. Judgment, \u00a7 106 -\u2014when entry of default proper. Where plaintiff, by leave of court, files an amended declaration and amended affidavit of merits and defendant\u2019s plea is stricken and no amended affidavit of merits is filed, judgment by default is properly entered for plaintiff.\nJ. E. Ingram, for appellant; Herman Frank and G. W. Killelea, of counsel.\nJohn A. McKeown, for appellee.\nSee Illinois Notes Digest, Vols. XI to XV, and Cumulative Quarterly, same topic and section number."
  },
  "file_name": "0356-01",
  "first_page_order": 378,
  "last_page_order": 379
}