{
  "id": 863734,
  "name": "William H. Grubey v. Ira M. White",
  "name_abbreviation": "Grubey v. White",
  "decision_date": "1887-08-03",
  "docket_number": "",
  "first_page": "604",
  "last_page": "605",
  "citations": [
    {
      "type": "official",
      "cite": "23 Ill. App. 604"
    }
  ],
  "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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    "char_count": 2762,
    "ocr_confidence": 0.473,
    "pagerank": {
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      "percentile": 0.6023698678957731
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    "sha256": "161890df5e0abf192617faa0c440f527fedf1bfe25d1e4feea3958928e6ba9d7",
    "simhash": "1:7aba981541159729",
    "word_count": 474
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  "last_updated": "2023-07-14T21:14:28.772601+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "William H. Grubey v. Ira M. White."
    ],
    "opinions": [
      {
        "text": "Per Curiam.\nAppellee recovered a judgment by default against appellant for the sum of \u00a7355 and costs of suit. Appellant moved the court to sot the judgment aside, without showing any diligence or any excuse for not making his defense at the proper time, but alone upon the ground that the debt on which the judgment was based was a gambling debt, growing out of transactions and deals in \u201cputs\u201d and \u201ccalls\u201d on the open board of trade.\nCounsel for appellant bases his argument in favor of setting aside the judgment upon Sec. 135, of Chap. 38, R. S., which section is as follows:\n\u201c All judgments, mortgages, assurances, bonds, notes, bills, specialties, promises, covenants, agreements and other acts, deeds, securities or conveyances, given, granted, drawn or executed contrary to the provisions of this act, may be set aside and vacated by any court of equity, upon bill filed for that purpose, by the person so granting, giving, entering into or executing the same, or by his executors or administrators, or by any creditor, heir, purchaser or other person interested therein; or if a judgment, the same may be set aside on motion of any person aforesaid, on due notice thereof given.\u201d\nThe latter part of said section authorizing judgments to be set aside on motion has no reference to adversary judgments.' Judgments \u201cgiven,\u201d i. e., given by confession or by consent, contrary to the provisions of the act, may be set aside on motion, but judgments taken in the regular manner, for want of a defense interposed, no collusion or consent being shown, are not \u201cgiven\u201d contrary to the provisions of the act. They are adverse judgments and though, if based on a gambling debt, they can, under this statute, be set aside by a court of equity, where there has been a neglect or failure to assert the defense at law; yet at law they are like other judgments conclusive against the party who might have, but did not interpose his defense. We are of opinion that the court below was correct in refusing to set aside the judgment,\u2019 and there being no error the judgment will be affirmed.\nJudgment affi/i'ined.",
        "type": "majority",
        "author": "Per Curiam."
      }
    ],
    "attorneys": [
      "Messrs. Francis A. Biddle and John S. Stevens, for appellant.",
      "Mr. D. M. Kjbtou, for appellee."
    ],
    "corrections": "",
    "head_matter": "William H. Grubey v. Ira M. White.\nGambling Debt\u2014Judgment by Default\u2014Motion to Set Aside\u2014See. 135, Criminal Code.\n1. The latter part of Sec. 135, Chap. 38, R. S., authorizing judgments based on gambling contracts to be set aside on motion, has no reference to adversary judgments. It applies only to. judgments \u201c given \u201d by confession or by consent.\n2. A judgment by default can not, therefore, be set aside on motion under said section.\n[Opinion filed August 3, 1887.]\nAppeal from the Superior Court of Cook County; the Hon. Bollin S. Williamson, Judge, presiding.\nMessrs. Francis A. Biddle and John S. Stevens, for appellant.\nMr. D. M. Kjbtou, for appellee."
  },
  "file_name": "0604-01",
  "first_page_order": 600,
  "last_page_order": 601
}