{
  "id": 3026163,
  "name": "John Conners, Appellee, v. Gertrude Wagner et al., on appeal of Maud Guettrich et al., Appellants",
  "name_abbreviation": "Conners v. Wagner",
  "decision_date": "1918-06-14",
  "docket_number": "Gen. No. 23,568",
  "first_page": "413",
  "last_page": "414",
  "citations": [
    {
      "type": "official",
      "cite": "211 Ill. App. 413"
    }
  ],
  "court": {
    "name_abbreviation": "Ill. App. Ct.",
    "id": 8837,
    "name": "Illinois Appellate Court"
  },
  "jurisdiction": {
    "id": 29,
    "name_long": "Illinois",
    "name": "Ill."
  },
  "cites_to": [],
  "analysis": {
    "cardinality": 179,
    "char_count": 2556,
    "ocr_confidence": 0.551,
    "sha256": "a96b3b0c0b1222b2fc275122d7ce0732fbeb4a90632d60f6de0ec60c2918499a",
    "simhash": "1:715ed634112d30fd",
    "word_count": 425
  },
  "last_updated": "2023-07-14T20:44:38.810297+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "John Conners, Appellee, v. Gertrude Wagner et al., on appeal of Maud Guettrich et al., Appellants."
    ],
    "opinions": [
      {
        "text": "Mr. Presiding Justice Barnes\ndelivered the opinion of the court.\n2. Municipal Court of Chicago, \u00a7 13 \u2014 when judgment on insufficient statement of claim not validated. Where a statement of claim was insufficient to state a cause of action, a judgment thereon for plaintiff after a trial had in the absence of defendants could not be given vitality by the filing, with leave of court, of an amended statement of claim after the entry of judgment.\n3. Municipal Court of Chicago, \u00a7 13* \u2014 what amendment of statement of claim not allowed after judgment. Where the original statement of claim was insufficient to state a cause of action, an amendment is equivalent to setting up a new cause .of action and is not allowable after judgment.\n4. Pleadings, \u00a7 248* \u2014 what amendments permitted after judgment. Amendments of pleadings after judgment are permitted by statute for defects or imperfections in matters of form, but not as to substance.",
        "type": "majority",
        "author": "Mr. Presiding Justice Barnes"
      }
    ],
    "attorneys": [
      "Henry J. and Charles Aaron, for appellants; William H. Holly, of counsel.",
      "E. M. Seymour, for appellee."
    ],
    "corrections": "",
    "head_matter": "John Conners, Appellee, v. Gertrude Wagner et al., on appeal of Maud Guettrich et al., Appellants.\nGen. No. 23,568.\n(Not to be reported in full.)\nAbstract of the Decision.\n1. Municipal Court of Chicago, \u00a7 13 \u2014 when statement of claim is insufficient in action try tenant against landlord for personal injuries. A statement of claim, in an action by a tenant against his landlord for personal injuries caused by a fall from an unrailed, stairway, alleging that it was the duty of defendant to keep the premises in repair, but alleging no agreement on the part of defendant to repair, and no facts from which a duty to repair could arise, is insufficient to state a cause of action, the allegation of a duty to repair being a mere conclusion.\nAppeal from the Municipal Court of Chicago; the Hon. Arnold Heap, Judge, presiding. Heard in the Branch Appellate Court at the October term, 1917.\nReversed.\nOpinion filed June 14, 1918.\nStatement of the Case.\nAction by John Conners, plaintiff, against Gertrude Wagner, Maud Guettrich, William Guettrich and L. Hisgen, defendants, to recover damages for personal injuries caused by the alleged failure to keep demised premises in repair. From a judgment for $450 in favor of plaintiff, defendants with the exception of Gertrude Wagner, who was not served with summons, appeal.\nHenry J. and Charles Aaron, for appellants; William H. Holly, of counsel.\nE. M. Seymour, for appellee.\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": "0413-01",
  "first_page_order": 467,
  "last_page_order": 468
}
