{
  "id": 2914351,
  "name": "William A. Stuart, Appellant, v. Joseph Fegers et al., Appellees",
  "name_abbreviation": "Stuart v. Fegers",
  "decision_date": "1918-03-12",
  "docket_number": "Gen. No. 23,219",
  "first_page": "623",
  "last_page": "624",
  "citations": [
    {
      "type": "official",
      "cite": "209 Ill. App. 623"
    }
  ],
  "court": {
    "name_abbreviation": "Ill. App. Ct.",
    "id": 8837,
    "name": "Illinois Appellate Court"
  },
  "jurisdiction": {
    "id": 29,
    "name_long": "Illinois",
    "name": "Ill."
  },
  "cites_to": [],
  "analysis": {
    "cardinality": 197,
    "char_count": 2254,
    "ocr_confidence": 0.509,
    "sha256": "5024b5dca9b4e6a5ac2c1bb0cfeb3f1cffa62de1c3d8fc1a877c4ae358b5b090",
    "simhash": "1:d6ee8025546a939b",
    "word_count": 370
  },
  "last_updated": "2023-07-14T15:09:41.322311+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "William A. Stuart, Appellant, v. Joseph Fegers et al., Appellees."
    ],
    "opinions": [
      {
        "text": "Mr. Justice McDonald\ndelivered the opinion of the court.",
        "type": "majority",
        "author": "Mr. Justice McDonald"
      }
    ],
    "attorneys": [
      "Myer H. Gladstone, for appellant.",
      "SoNNENSCHEIN, BeRKSON & LaUTMANN, FrED B. Schuchardt, William S. Newburger, Joseph S. Samuels and James B. Ward, for appellees."
    ],
    "corrections": "",
    "head_matter": "William A. Stuart, Appellant, v. Joseph Fegers et al., Appellees.\nGen. No. 23,219. (Not to be reported in full.)\nAppeal from the Circuit Court of Cook county; the Hon. Jesse A. Baldwin, Judge, presiding.\nHeard in the Branch Appellate Court at the March term, 1917.\nReversed and remanded with directions.\nOpinion filed March 12, 1918.\nStatement of the Case.\nBill by William A. Stuart, complainant, against Joseph Fegers, Albert Storts, Wendelin Meyer & Sons, Grus Berkes, .Hittel Cigar Company and Anheuser-Busch Company, defendants, to have a chattel mortgage and certain notes declared null and void and to enjoin the foreclosure of the mortgage and the collection, negotiation, transfer or assignment of the notes. A temporary injunction having been granted as prayed on condition that the amount due on such notes be paid into court and the total amount having been paid in, a decree was entered directing that such moneys be paid to the legal holders of such notes (the defendants other than Fegers) upon their surrender. From this decree complainant appeals.\nMyer H. Gladstone, for appellant.\nSoNNENSCHEIN, BeRKSON & LaUTMANN, FrED B. Schuchardt, William S. Newburger, Joseph S. Samuels and James B. Ward, for appellees.\nAbstract of the Decision.\n1. Equity, \u00a7 549 \u2014when recital of decree that equities of case and right to funds are toith defendants are insufficient to support decree. On an appeal from a decree directing the payment to certain defendants of moneys in the hands of the clerk of the trial court, where the record contains no certificate of evidence and the decree recites no findings of facts to support it, the recital of the decree that equities of the case and the right in the funds were with defendants is insufficient to support it.-\n2. Equity, \u00a7 441*\u2014when error to enter decree disposing of subject-matter of suit. It is error to enter a decree which, in effect, disposes of the subject-matter of the suit before issue has been joined and without disposing of the bill of complaint or the demurrer thereto and without dissolving a temporary injunction issued therein.\nSee Illinois Notes Digest, Vols. XI to XV, and Cumulative Quarterly, same topic and section number."
  },
  "file_name": "0623-01",
  "first_page_order": 651,
  "last_page_order": 652
}