{
  "id": 2966394,
  "name": "M. A. Rowe and Ella Rowe, Appellees, v. Paul Kuhn, Appellant",
  "name_abbreviation": "Rowe v. Kuhn",
  "decision_date": "1915-10-13",
  "docket_number": "",
  "first_page": "100",
  "last_page": "101",
  "citations": [
    {
      "type": "official",
      "cite": "201 Ill. App. 100"
    }
  ],
  "court": {
    "name_abbreviation": "Ill. App. Ct.",
    "id": 8837,
    "name": "Illinois Appellate Court"
  },
  "jurisdiction": {
    "id": 29,
    "name_long": "Illinois",
    "name": "Ill."
  },
  "cites_to": [],
  "analysis": {
    "cardinality": 172,
    "char_count": 1870,
    "ocr_confidence": 0.555,
    "pagerank": {
      "raw": 4.856319230494445e-08,
      "percentile": 0.30550449080235953
    },
    "sha256": "cb28cdb62dde6e087faae8682b8ec2b7eae20cdd8aac438a57a298210ed124cd",
    "simhash": "1:61cfe334529f94bc",
    "word_count": 325
  },
  "last_updated": "2023-07-14T15:52:04.845486+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "M. A. Rowe and Ella Rowe, Appellees, v. Paul Kuhn, Appellant."
    ],
    "opinions": [
      {
        "text": "Mr. Justice Thompson\ndelivered the opinion of the court.",
        "type": "majority",
        "author": "Mr. Justice Thompson"
      }
    ],
    "attorneys": [
      "Samuel B. Scholeield and John J. Arney, for appellant.",
      "Harry J. Buxbaum and Everett Connelly, for appellees."
    ],
    "corrections": "",
    "head_matter": "M. A. Rowe and Ella Rowe, Appellees, v. Paul Kuhn, Appellant.\n(Not to he reported in full.)\nAppeal from the Circuit Court of Clark county; the Hon. E. R. E. Kihbbough, Judge, presiding. Heard in this court at the April term, 1915.\nAffirmed.\nOpinion filed October 13, 1915.\nStatement of the Case.\nAction by M. A. Rowe and Ella Rowe, plaintiffs, against Paul Kuhn, defendant, to recover rent due on an oil lease. From a judgment for plaintiff, defendant appeals.\nAbstract of the Decision.\n1. Appeal and error, \u00a7 367 \u2014When defense not considered on appeal. A defense that is not raised in the trial court cannot be raised on appeal for the first time.\n2. Frauds, Statute of, \u00a7 122*\u2014how defense of not raised. The defense of the Statute of Frauds is not raised by a motion to direct a verdict.\n3. Landlord and tenant, \u00a7 310*\u2014when lessor need not prove ownership. Where a lessee, defendant in an action for rent, has accepted the lease and paid rent upon it, the failure of the lessors to prove ownership is immaterial.\n4. Landlord and tenant, \u00a7 325a*\u2014when instruction in action for rent properly refused. In an action to recover rent under an oil lease, instructions requested by defendant that if the jury believed from the evidence that the payments made by the defendant or his agent were optional then they should find for defendant, held properly refused where, while defendant held the lease, he prevented any contract being made with other parties to prospect for oil, and he had the right under the lease to reconvey and release any rights under the lease and thus prevent the accumulation of rents.\nSamuel B. Scholeield and John J. Arney, for appellant.\nHarry J. Buxbaum and Everett Connelly, for appellees.\nSee Illinois Notes Digest, Vols. XI to XV, and Cumulative Quarterly, same topic and section number."
  },
  "file_name": "0100-01",
  "first_page_order": 142,
  "last_page_order": 143
}