{
  "id": 5824871,
  "name": "Benjamin H. Breakstone, Appellee, v. Thomas M. Obsbaum and Mrs. Thomas M. Obsbaum, Appellants",
  "name_abbreviation": "Breakstone v. Obsbaum",
  "decision_date": "1918-04-16",
  "docket_number": "Gen. No. 23,269",
  "first_page": "225",
  "last_page": "226",
  "citations": [
    {
      "type": "official",
      "cite": "210 Ill. App. 225"
    }
  ],
  "court": {
    "name_abbreviation": "Ill. App. Ct.",
    "id": 8837,
    "name": "Illinois Appellate Court"
  },
  "jurisdiction": {
    "id": 29,
    "name_long": "Illinois",
    "name": "Ill."
  },
  "cites_to": [],
  "analysis": {
    "cardinality": 154,
    "char_count": 1854,
    "ocr_confidence": 0.53,
    "sha256": "f12b1a481375bb0330a138d120f4eed98f44e6cdfaeef360ddd925dd736b3d96",
    "simhash": "1:086574235d0ab331",
    "word_count": 303
  },
  "last_updated": "2023-07-14T16:15:15.348169+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "Benjamin H. Breakstone, Appellee, v. Thomas M. Obsbaum and Mrs. Thomas M. Obsbaum, Appellants."
    ],
    "opinions": [
      {
        "text": "Mr. Presiding Justice Barnes\ndelivered the opinion of the court.",
        "type": "majority",
        "author": "Mr. Presiding Justice Barnes"
      }
    ],
    "attorneys": [
      "Bernard J. Brown, for appellants.",
      "Saltiel & Rossen, for appellee."
    ],
    "corrections": "",
    "head_matter": "Benjamin H. Breakstone, Appellee, v. Thomas M. Obsbaum and Mrs. Thomas M. Obsbaum, Appellants.\nGen. No. 23,269.\n(Not to he reported in full.)\nAbstract of the Decision.\nMunicipal Coubt of Chicago, \u00a7 13 \u2014when error to strike affidavit of defense from files and enter default, in an action by physician for services. In an action in the Municipal Court of Chicago by a physician to recover for professional services, where the sworn affidavit of defense states that the services were rendered in an unskilful manner, causing affiant to suffer great pain and making it necessary for her to be treated by other physicians for relief therefrom; that such services were not worth more than a certain sum, much less than the sum claimed in plaintiff\u2019s statement and that, as advised, affiant would be subjected to a large expense to he cured of the results of the unskilful operation by plaintiff, it is error for the court to strike the affidavit of defense and enter a default and give plaintiff judgment for the amount claimed in his statement without hearing evidence and submitting the question of damages to the jury, as demanded.\nAppeal from the Municipal Court of Chicago; the Hon. Chables A. Williams, Judge, presiding.\nHeard in the Branch Appellate Court at the March term, 1917.\nReversed and remanded.\nOpinion filed April 16, 1918.\nStatement of the Case.\nAction by Benjamin H. Breakstone, plaintiff, against Thomas M. Obsbaum and Mrs. Thomas M. Obsbaum, defendants, to recover for professional services. From a judgment for plaintiff for $445, entered by the court without the intervention of a jury, defendants appeal.\nBernard J. Brown, for appellants.\nSaltiel & Rossen, for appellee.\nSee Illinois Notes Digest, Vole. XI to XV, and Cumulative Quarterly, same topic and section number."
  },
  "file_name": "0225-01",
  "first_page_order": 251,
  "last_page_order": 252
}