{
  "id": 2929045,
  "name": "J. J. Cohen, Plaintiff in Error, v. Anna Rosenthal and Michael Rosenthal, Defendants in Error",
  "name_abbreviation": "Cohen v. Rosenthal",
  "decision_date": "1917-10-02",
  "docket_number": "Gen. No. 23,054",
  "first_page": "331",
  "last_page": "332",
  "citations": [
    {
      "type": "official",
      "cite": "207 Ill. App. 331"
    }
  ],
  "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": "2023-07-14T19:52:34.192092+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "J. J. Cohen, Plaintiff in Error, v. Anna Rosenthal and Michael Rosenthal, Defendants in Error."
    ],
    "opinions": [
      {
        "text": "Mr. Justice McSurely\ndelivered the opinion of the court.\n2. Judgment, \u00a7 263 \u2014 when minutes of clerk sufficient to enable court to determine what order was for purpose of correction of error. The minutes of a clerk \u201cDis. wt.' Pros. p. c.,\u201d meaning, dismissed for want of prosecution at plaintiff\u2019s costs, made at the time of the trial of an action on promissory notes, upon failure of either party to appear, a judgment by confession having been vacated at a previous time, held sufficient to determine what the order was so as to warrant the correction at a subsequent term of the clerical error of the clerk, in transcribing the order from the minute book to the \u201chalf sheet,\u201d by writing that the order to vacate the judgment had been dismissed.\n3. Dismissal, nonsuit and Discontinuance, \u00a7 38* \u2014 when order dismissing case for want of prosecution is proper. Where a defendant has procured the vacation of a judgment by confession and plaintiff fails to appear at the time of trial, an order dismissing the case for want of prosecution is proper.\n4. Judgment, \u00a7 86* \u2014 what is effect of opening judgment by confession on burden of proof. Where a defendant has been let in to plead, upon the opening of a judgment by confession, the burden rests upon plaintiff to prove his case the same as if there had been no judgment by confession.",
        "type": "majority",
        "author": "Mr. Justice McSurely"
      }
    ],
    "attorneys": [
      "Pines & Newmann, for plaintiff in error.",
      "Max M. Grossman, for defendant in error Anna Rosenthal."
    ],
    "corrections": "",
    "head_matter": "J. J. Cohen, Plaintiff in Error, v. Anna Rosenthal and Michael Rosenthal, Defendants in Error.\nGen. No. 23,054.\n(Not to be reported in full.)\nAbstract of the Decision.\n1. Judgment, \u00a7 256 \u2014 what error hy cleric in entering may he corrected at subsequent term. Where a clerk of court, after a case coming on for trial, after the vacation of a judgment hy confession, was dismissed for want of prosecution, made an entry in his minute book indicating a dismissal for want of prosecution, but later, in transcribing the order from the minute book to the \u201chalf sheet,\u201d wrote that the order to vacate the judgment of the previous date was dismissed for want of prosecution, held that a clerical error was committed which might properly be corrected by order nunc pro tune at . a subsequent term.\nError to the Municipal Court of Chicago; the Hon. John J. Sullivan, Judge, presiding. Heard in this court at the March term, 1917.\nAffirmed.\nOpinion filed October 2, 1917.\nStatement of the Case.\nAction by J. J. Cohen, plaintiff, against Anna Rosenthal and Michael Rosenthal, defendants, on certain promissory notes. A judgment by confession against defendants was, on motion of defendant Anna Rosenthal, vacated as to her, and she was let in to plead, but, on the trial, the case was dismissed for the failure of plaintiff to appear and prosecute the action. From an order made at a subsequent term correcting an erroneous entry of the clerk of court at the time of the trial on the \u201chalf sheet,\u201d that the order to vacate the judgment was dismissed for want of prosecution, so as to read that the judgment by confession was vacated and the action, as to the defendant Anna Rosenthal, was dismissed, plaintiff brings error.\nPines & Newmann, for plaintiff in error.\nMax M. Grossman, for defendant in error Anna Rosenthal.\nSee Illinois Notes Digest, Vols. XI to XV, and Cumulative Quarterly, same topic and section number.\nSee min\u00f3la Notes Digest, Vole. XI to XV, and Cumulative Quarterly, same topic and section number."
  },
  "file_name": "0331-01",
  "first_page_order": 357,
  "last_page_order": 358
}