{
  "id": 2968985,
  "name": "Thomas Pearson for use of D. B. Yezner, Appellant, v. T. J. O'Gara et al., Trustees, Appellees",
  "name_abbreviation": "Pearson ex rel. Yezner v. O'Gara",
  "decision_date": "1916-04-17",
  "docket_number": "",
  "first_page": "194",
  "last_page": "195",
  "citations": [
    {
      "type": "official",
      "cite": "199 Ill. App. 194"
    }
  ],
  "court": {
    "name_abbreviation": "Ill. App. Ct.",
    "id": 8837,
    "name": "Illinois Appellate Court"
  },
  "jurisdiction": {
    "id": 29,
    "name_long": "Illinois",
    "name": "Ill."
  },
  "cites_to": [],
  "analysis": {
    "cardinality": 175,
    "char_count": 2334,
    "ocr_confidence": 0.586,
    "sha256": "38f7acc97741c901b01ba8446a9f87f131064fa9a81f1d6d2449bffb7127e326",
    "simhash": "1:0a14829e3a05739d",
    "word_count": 394
  },
  "last_updated": "2023-07-14T15:51:30.955611+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "Thomas Pearson for use of D. B. Yezner, Appellant, v. T. J. O\u2019Gara et al., Trustees, Appellees."
    ],
    "opinions": [
      {
        "text": "Mr. Justice McBride\ndelivered the opinion of the court.\n2. Assignments, \u00a7 3 \u2014when assignment of wages by attorney in foot under power of attorney invalid. An employee cannot by an attorney in fact authorized by a power of attorney entered into before a contract of employment was made assign his wages to be earned under such contract of employment.\n3. Pbincipai, and agent, \u00a7 122*\u2014when acts of special agent valid. Where a principal authorizes a special agent to perform an act in the name of the principal upon certain conditions, it devolves upon the agent to show those conditions were in existence at the time of the performance of the act, or afterwards waived.\n4. Assignments, \u00a7 3*\u2014when assignment of wages invalid. Where a special agent is only authorized to execute an assignment of wages under a power of attorney at a time when the principal was indebted to the assignee and no indebtedness existed at the time of the assignment, such assignment is invalid.",
        "type": "majority",
        "author": "Mr. Justice McBride"
      }
    ],
    "attorneys": [
      "Lewis, Ronalds & Lewis, for appellant.",
      "Whitley & Combe, for appellees."
    ],
    "corrections": "",
    "head_matter": "Thomas Pearson for use of D. B. Yezner, Appellant, v. T. J. O\u2019Gara et al., Trustees, Appellees.\n(Not to be reported in full.)\nAbstract of the Decision.\n1. Assignments, \u00a7 3 \u2014when assignment of wages invalid. An employee cannot himself assign wages to he earned in a future employment for which he has not contracted at the time of the assignment.\nAppeal from the City Court of Harrisburg; the Hon. William H. Parish, Jr., Judge, presiding. Heard in this court at the October term, 1915.\nReversed and remanded.\nOpinion filed April 17, 1916.\nRehearing denied May 25, 1916.\nStatement of the Case.\nGarnishment proceedings by Thomas Pearson for the use of D. B. Yezner, plaintiff, against T. J. O\u2019Gara, W. C. Niblock and William Weinand, trustees in bankruptcy of the O\u2019Gara Coal Company, a corporation, bankrupt, defendants. .From a judgment for defendants, plaintiff appeals.\nAt the time of the execution of the power of attorney and assignment Pearson was employed by the O\u2019Gara Coal Company, but at the time of the serving of the garnishee process he was in the employ of the defendant trustees.\nLewis, Ronalds & Lewis, for appellant.\nWhitley & Combe, for appellees.\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": "0194-01",
  "first_page_order": 216,
  "last_page_order": 217
}