{
  "id": 2862141,
  "name": "Lila McDermott et al., Heirs, Defendants in Error, v. Donald K. Hoops, Plaintiff in Error",
  "name_abbreviation": "McDermott v. Hoops",
  "decision_date": "1916-04-10",
  "docket_number": "Gen. No. 21,552",
  "first_page": "444",
  "last_page": "444",
  "citations": [
    {
      "type": "official",
      "cite": "198 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": {
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    "simhash": "1:dacfd831de470014",
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  "last_updated": "2023-07-14T18:11:33.440984+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "Lila McDermott et al., Heirs, Defendants in Error, v. Donald K. Hoops, Plaintiff in Error."
    ],
    "opinions": [
      {
        "text": "Mr. Presiding Justice McSurely\ndelivered the opinion of the court.",
        "type": "majority",
        "author": "Mr. Presiding Justice McSurely"
      }
    ],
    "attorneys": [
      "Thompson & Hubbard, for plaintiff in error.",
      "H. P. Tuchscherer, for defendants in error."
    ],
    "corrections": "",
    "head_matter": "Lila McDermott et al., Heirs, Defendants in Error, v. Donald K. Hoops, Plaintiff in Error.\nGen. No. 21,552.\n(Not to be reported in full.)\nAbstract of the Decision.\nI. Executors and administrators, \u00a7 124 \u2014when heirs of deceased lessor may bring action for rent. After the decease of lessor his real estate passes to her heirs and thereafter they are entitled to bring suit for the rent, and suit need not be brought by the administrator.\n2. Witnesses, \u00a7 1127*\u2014when party may not testify as to transactions with deceased person against heirs. In an action for rent by the heirs of deceased lessor, where it is conceded by plaintiffs that if defendant were present he would testify to the poor condition of the heating apparatus in the house and to other matters set out in his affidavit of defense, under the statute on evidence and depositions, Hurd\u2019s Rev. St., ch. 51, sec. 2 (J. & A. If 5519), held that he would not be permitted to testify to such facts occurring before the death of lessor.\nError to the Municipal Court of Chicago; the Hon. George J. Cowing, Judge, presiding. Heard in this court at the October term, 2915.\nAffirmed.\nOpinion filed April 10, 1916.\nRehearing denied April 24, 1916.\nStatement of the Case.\nAction by Lila McDermott et al., heirs at law of Hannah M. Conroy, deceased, against Donald K. Hoops, defendant, for rent of premises under a written lease between deceased and defendant. From a judgment for two hundred dollars in favor of plaintiffs, defendant brings error.\nThompson & Hubbard, for plaintiff in error.\nH. P. Tuchscherer, for defendants in error.\nSee Illinois Notes Digest, Vols, XI to XV, and Cumulative Quarterly, same topic and section number."
  },
  "file_name": "0444-01",
  "first_page_order": 468,
  "last_page_order": 468
}