{
  "id": 2973889,
  "name": "Emma T. Hulbert, Defendant in Error, v. Charles Richter, Impleaded with J. E. Wells, Plaintiffs in Error",
  "name_abbreviation": "Hulbert v. Richter",
  "decision_date": "1916-05-12",
  "docket_number": "Gen. No. 21,067",
  "first_page": "435",
  "last_page": "436",
  "citations": [
    {
      "type": "official",
      "cite": "199 Ill. App. 435"
    }
  ],
  "court": {
    "name_abbreviation": "Ill. App. Ct.",
    "id": 8837,
    "name": "Illinois Appellate Court"
  },
  "jurisdiction": {
    "id": 29,
    "name_long": "Illinois",
    "name": "Ill."
  },
  "cites_to": [],
  "analysis": {
    "cardinality": 186,
    "char_count": 2803,
    "ocr_confidence": 0.55,
    "sha256": "93ff52fe2663fc9631d78e03b76881bb5d7344528bfac149eab8e6ebabcd337b",
    "simhash": "1:83b589812aa9aed0",
    "word_count": 463
  },
  "last_updated": "2023-07-14T15:51:30.955611+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "Emma T. Hulbert, Defendant in Error, v. Charles Richter, Impleaded with J. E. Wells, Plaintiffs in Error."
    ],
    "opinions": [
      {
        "text": "Mr. Justice Goodwin\ndelivered the opinion of the court.",
        "type": "majority",
        "author": "Mr. Justice Goodwin"
      }
    ],
    "attorneys": [
      "Veirs & McClure, for plaintiffs in error.",
      "No appearance for defendant in error."
    ],
    "corrections": "",
    "head_matter": "Emma T. Hulbert, Defendant in Error, v. Charles Richter, Impleaded with J. E. Wells, Plaintiffs in Error.\nGen. No. 21,067.\n(Not to be reported in full.)\nError to the Municipal Court of Chicago; the Hon. Frank H. Graham, Judge, presiding. Heard in the Branch Appellate Court at the March term, 1915.\nReversed and remanded.\nOpinion filed May 12, 1916.\nStatement of the Case.\nAction for rent, attorney\u2019s fees and forcible detainer by Emma T. Hulbert, plaintiff, against Charles Eichter, impleaded with J. E. Wells, defendants. To reverse a judgment for plaintiff, defendants sued out a writ of error.\nPlaintiff brought suit August 28, 1914, for attorney\u2019s fees, rent for the months of July and August, and for possession of certain real estate. It appeared that upon the institution of the suit, and before the September rent accrued, the premises were vacated by the defendants; that there had been deposited with the plaintiff the sum of thirty-five dollars to secure the payment of the last month\u2019s rent named in the lease, which contained a stipulation for attorney\u2019s fees on confession of judgment. The court allowed the thirty-five dollars as part payment of the rent due, but entered judgment for the August rent, eleven days of the September rent, and twenty dollars attorney\u2019s fees.\nAbstract of the Decision.\n1. Forcible entry and detainer, \u00a7 99 -\u2014when deposit properly allowed as part payment of rent. In action for rent and forcible detainer, money deposited to secure payment of rent is properly allowed as part payment of rent due.\n2. Forcible entry and detainer, \u00a7 99*\u2014what rent cannot he recovered. Rent becoming due after institution of action for rent and forcible detainer cannot be recovered.\n3. Forcible entry and detainer, \u00a7 99*\u2014when attorney\u2019s fees not recoverable. In absence of stipulation in lease therefor except on confession of judgment, attorney\u2019s fees cannot be recovered in action for rent and forcible detainer.\n4. Municipal Court of Chicago, \u00a7 13a*\u2014when lease competent evidence under. statement of claim. In action in the Municipal Court of Chicago for rent and forcible detainer, a lease is competent evidence under a statement of claim which fully apprises the defendant of the nature of the claim though such lease is not referred to in the statement.\n5. Appeal and error, \u00a7 1802*\u2014when cause reversed on appeal of one of two codefendants remanded. Where a cause is reversed on appeal of one of two codefendants, it must be remanded though the sum for which the plaintiff is entitled to judgment definitely appears from the evidence.\nVeirs & McClure, for plaintiffs in error.\nNo appearance for defendant in error.\nSec Illinois Notes Digest, Vols. XI to XV, and Cumulative Quarterly, same topic and section number."
  },
  "file_name": "0435-01",
  "first_page_order": 457,
  "last_page_order": 458
}