{
  "id": 5412779,
  "name": "Anton M. Furman et al., Appellees, v. Michael Wieczorkowski, Appellant",
  "name_abbreviation": "Furman v. Wieczorkowski",
  "decision_date": "1916-12-30",
  "docket_number": "Gen. No. 21,930",
  "first_page": "347",
  "last_page": "349",
  "citations": [
    {
      "type": "official",
      "cite": "202 Ill. App. 347"
    }
  ],
  "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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  "last_updated": "2023-07-14T20:59:19.228114+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
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  "casebody": {
    "judges": [],
    "parties": [
      "Anton M. Furman et al., Appellees, v. Michael Wieczorkowski, Appellant."
    ],
    "opinions": [
      {
        "text": "Mr. Justice McGoorty\ndelivered the opinion of the court.\nAbstract of the Decision.\n1. Judgment, \u00a7 204 \u2014when entry of for sum larger than claimed in declaration is improper. The entry of a judgment for a larger sum than that claimed in the declaration is error.\n2. Judgment, \u00a7 88*\u2014when appeal lies to review the overruling of a motion to vacate a judgment by confession. Where a defendant by his attorney in fact, duly authorized, confesses judgment and releases all errors, an appeal or writ of error will not lie to review the judgment itself, but will lie to review the overruling of a motion to vacate the judgment.\n3. Appeal and error, \u00a7 360*\u2014when variance between damages claimed in declaration and in the cognovit is waived. Any error committed in entering a judgment in an action for rent due to variance between damages claimed in the declaration and in the cognovit is waived where the power of attorney to confess judgment is contained in the lease and authorizes the waiving of all errors and the cognovit expressly releases all errors.\n4. Partnership\u2014when members signing lease are individually bound. Where a lease purports to be to a copartnership but is signed by the partners individually, it becomes their individual lease.\n5. Descent and distribution, \u00a7 45*\u2014who is entitled to rent accruing after death of owner of demised premises. Rent accruing after the death of the owner of demised premises is a chattel real, and goes to the heir or devisee of said deceased owner, and not to his administrator or executor.\n6. Landlord and tenant, \u00a7 279*-\u2014when wrongful act of landlord does not debar him from recovery of rent. The wrongful act of \u00e1 landlord does not debar him from the recovery of rent, unless the tenant by such act has been deprived in whole or in part of the possession either actually or constructively, or the premises rendered useless.\n7. Landlord and tenant, \u00a7 262*\u2014what does not constitute constructive eviction. There is no constructive eviction of a tenant where he remains in possession of the premises nearly six months after acts complained of.\n8. Judgment, \u00a7 81*\u2014what defendant seehing to vacate judgment by confession must show. A defendant seeking to vacate a judgment by confession must make a clear showing that he has a defense to the action.\n9. \u2019 Judgment, \u00a7 82*\u2014how affidavit in support of motion to vacate judgment by confession construed. Affidavits in support of a motion to vacate a judgment by confession must be construed most strongly against the defendant.\n10. Appeal and error, \u00a7 1380 -\u2014when denial of motion to vacate judgment 6y confession is conclusive. A motion to vacate a judgment entered by confession is addressed to the sound legal discretion of the trial court, whose action in denying it will not be reviewed unless it appears that it has been abused.",
        "type": "majority",
        "author": "Mr. Justice McGoorty"
      }
    ],
    "attorneys": [
      "A. S. Lakey, for appellant.",
      "John Early, for appellees."
    ],
    "corrections": "",
    "head_matter": "Anton M. Furman et al., Appellees, v. Michael Wieczorkowski, Appellant.\nGen. No. 21,930.\n(Not to he reported in full.)\nAppeal from the County Court of Cook county; the Hon. David T. Smiley, Judge, presiding. Heard in the Branch Appellate Court at the October term, 1915.\nAffirmed.\nOpinion filed December 30, 1916.\nStatement of the Case.\nAction \"by Anton W. Furman and Alex Wisniewski, and Mary Maday, as sole devisee and legatee under the last will and testament of Henry Maday, deceased, plaintiffs, against Michael Wieczorkowski, defendant, to recover for rent due under a lease. From an order overruling a motion of defendant to vacate a judgment by confession, defendant appeals.\nA. S. Lakey, for appellant.\nJohn Early, 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": "0347-01",
  "first_page_order": 373,
  "last_page_order": 375
}