{
  "id": 5414526,
  "name": "In the matter of the Petition of Maximilian Meinhardt, arrested at the suit of G. Bernhard Anderson, Conservator of the Estate of Brita Matson, Insane",
  "name_abbreviation": "In re Meinhardt",
  "decision_date": "1916-12-19",
  "docket_number": "Gen. No. 21,879",
  "first_page": "266",
  "last_page": "267",
  "citations": [
    {
      "type": "official",
      "cite": "202 Ill. App. 266"
    }
  ],
  "court": {
    "name_abbreviation": "Ill. App. Ct.",
    "id": 8837,
    "name": "Illinois Appellate Court"
  },
  "jurisdiction": {
    "id": 29,
    "name_long": "Illinois",
    "name": "Ill."
  },
  "cites_to": [],
  "analysis": {
    "cardinality": 143,
    "char_count": 1812,
    "ocr_confidence": 0.537,
    "pagerank": {
      "raw": 6.789971398195007e-08,
      "percentile": 0.4154597430197668
    },
    "sha256": "3ef0e0eb652401c6c16f9c8f35b5d4a4ddb4a645f8f745cd236d407b0bd8a1eb",
    "simhash": "1:9759bba5e80b12eb",
    "word_count": 300
  },
  "last_updated": "2023-07-14T20:59:19.228114+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "In the matter of the Petition of Maximilian Meinhardt, arrested at the suit of G. Bernhard Anderson, Conservator of the Estate of Brita Matson, Insane."
    ],
    "opinions": [
      {
        "text": "Mr. Presiding Justice Barnes\ndelivered the opinion of the court.\n2. Execution, \u00a7 295 \u2014what is not conclusive as to whether malice was gist of action. The mere fact that the statement of claim, filed in an action in which a capias ad satisfaciendum issued, does not disclose that malice was of the gist of the action does not entitle an insolvent debtor to release from imprisonment under such an execution, since the evidence offered on the trial may have been sufficient to support the judgment on which the capias was issued.",
        "type": "majority",
        "author": "Mr. Presiding Justice Barnes"
      }
    ],
    "attorneys": [
      "Wagner & Beckman, for appellant.",
      "Anderson, Anderson & Anderson, for appellee."
    ],
    "corrections": "",
    "head_matter": "In the matter of the Petition of Maximilian Meinhardt, arrested at the suit of G. Bernhard Anderson, Conservator of the Estate of Brita Matson, Insane.\nGen. No. 21,879.\n(Not to be reported in full.)\nAppeal from the County Court of Cook county; the Hon. Thomas P. Scully, Judge, presiding. Heard in the Branch Appellate Court at th\u00e9 October term, 1915.\nAffirmed.\nOpinion filed December 19, 1916.\nStatement of the Case.\nPetition by Maximilian Meinhardt, an insolvent debtor, for release from imprisonment on an execution capias ad satisfaciendum. From an order denying the petition and remanding the petitioner'to the custody of the sheriff, the petitioner appeals.\nWagner & Beckman, for appellant.\nAnderson, Anderson & Anderson, for appellee.\nAbstract of the Decision.\n1. Execution, \u00a7 302 \u2014who has burden of disproving malice on petition for discharge of insolvent debtor. On a hearing on a petition of an insolvent debtor for release from imprisonment on an execution in an action of which he claims malice was not of the gist, the burden of proof of such claim is on the petitioner.\nSee Illinois Notes Digest, Vola. XI to XV, and Cumulative Quarterly, samo topic and section number,\nSee Illinois Notes Digest, Vols. XI to XV, and Cumulative Quarterly, same topic and section number."
  },
  "file_name": "0266-01",
  "first_page_order": 292,
  "last_page_order": 293
}