{
  "id": 2916449,
  "name": "D. Mazor and A. Cohen, Appellees, v. B. Handler et al., on appeal of B. Handler, Appellant",
  "name_abbreviation": "Mazor v. Handler",
  "decision_date": "1917-12-03",
  "docket_number": "Gen. No. 23,425",
  "first_page": "312",
  "last_page": "313",
  "citations": [
    {
      "type": "official",
      "cite": "208 Ill. App. 312"
    }
  ],
  "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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    "sha256": "f8a7c4df0fa13f90135e2117570fbe0cfe9416e62cbf3cf1bb2745bac8d5f090",
    "simhash": "1:fb759aad90058c9a",
    "word_count": 614
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  "last_updated": "2023-07-14T15:40:32.195438+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "D. Mazor and A. Cohen, Appellees, v. B. Handler et al., on appeal of B. Handler, Appellant."
    ],
    "opinions": [
      {
        "text": "Mr. Justice Dever\ndelivered the opinion of the court.\n3. Appeal and error, \u00a7 1380 \u2014when error in abuse of discretion of trial court will be corrected. A defendant against whom a judgment has been obtained by confession may move to quash the execution issued thereon or to vacate the judgment, and if the court, on a sufficient showing, abuses its discretion in ruling upon such motion, the abuse may be corrected by appeal to a court of review.\n4. Judgment, \u00a7 343*\u2014when bill to enjoin enforcement of should show request of trial judges to correct error. A bill to enjoin the enforcement of a judgment on the ground that the clerk erred in entering the denial of a motion to quash the execution thereon as a denial of a motion to vacate the judgment, should, where it alleges the refusal of the judges of the trial court to correct the error, show that such correction had been requested by motion or in some other legal manner.\n5. Judgment, \u00a7 319*\u2014when equity will not afford relief against enforcement .of. Where complainants seeking to enjoin the enforcement of a judgment were not prevented from obtaining relief in the trial court through any fraud, accident or mistake, but had opportunity by proper proceedings to present their defenses and by appeal to correct any error committed in the proceedings to obtain or vacate the judgment, equity will not afford them relief.\n6. Appeal and error, \u00a7 718*\u2014when order allowing appeal need not appear in record. Where a record discloses that an appeal from an order denying a motion to dissolve an injunction was prayed and that this prayer was followed by the filing of an appeal bond for costs, np order of the lower court allowing the appeal need be disclosed in the record.",
        "type": "majority",
        "author": "Mr. Justice Dever"
      }
    ],
    "attorneys": [
      "Blum, Wolfsohn & Blum, for appellant.",
      "Frank H. Lennards, for appellees."
    ],
    "corrections": "",
    "head_matter": "D. Mazor and A. Cohen, Appellees, v. B. Handler et al., on appeal of B. Handler, Appellant.\nGen. No. 23,425.\n(Not to be reported in full.)\nAbstract of the Decision.\n1. Judgment, \u00a7 343 \u2014when hill to enjoin enforcement of is insufficient. A hill to enjoin the enforcement of a judgment on the ground that through the error of the clerk of the trial court in entering of record as a denial of a motion to vacate the judgment, an order denying a motion to quash an execution issued on the judgment of such court, complainants, who were unable to secure a review of such order, should show what allegations were made in the petition to quash the execution.\n2. Municipal Court of Chicago, \u00a7 19*\u2014when has power to cor- red error of clerk in entering of judgment. The Municipal Court of Chicago has power to correct, on motion, an error of the clerk in entering a judgment on its records even though 30 days had elapsed between the date the judgment was entered and the time when the party affected by the error learned of it.\nInterlocutory appeal from the Circuit Court of Cook county; the Hon. Thomas Gr. Windes, Judge, presiding. Heard in this court.\nOrder reversed and cause remanded with directions.\nOpinion filed December 3, 1917.\nStatement of the Case.\nBill by D. Mazor and A. Cohen, complainants, against B. Handler and others, defendants, to restrain the collection of judgments obtained by defendant Handler against complainants.\nFrom an interlocutory order denying a motion to dissolve the injunction entered in the cause, defendant Handler appeals.\nBlum, Wolfsohn & Blum, for appellant.\nFrank H. Lennards, for appellees.\nSee Illinois Notes Digest, Vols. XI to XV, and Cumulative Quarterly, sanie topic and section number.\nSee Illinois Notes Digest, Vols. XI to XV, and Cumulative Quarterly, same topic and section number."
  },
  "file_name": "0312-01",
  "first_page_order": 336,
  "last_page_order": 337
}