{
  "id": 5091210,
  "name": "John Samples and Ann Samples, Plaintiffs-Appellees, v. Morgan Mines, Inc., Defendant-Appellant",
  "name_abbreviation": "Samples v. Morgan Mines, Inc.",
  "decision_date": "1952-05-02",
  "docket_number": "Term No. 52-F-10",
  "first_page": "70",
  "last_page": "72",
  "citations": [
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      "type": "official",
      "cite": "347 Ill. App. 70"
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    "name_abbreviation": "Ill. App. Ct.",
    "id": 8837,
    "name": "Illinois Appellate Court"
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  "jurisdiction": {
    "id": 29,
    "name_long": "Illinois",
    "name": "Ill."
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      "reporter": "Ill.",
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    {
      "cite": "362 Ill. 44",
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        {
          "page": "49"
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  "last_updated": "2023-07-14T21:43:05.250782+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
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  "casebody": {
    "judges": [],
    "parties": [
      "John Samples and Ann Samples, Plaintiffs-Appellees, v. Morgan Mines, Inc., Defendant-Appellant."
    ],
    "opinions": [
      {
        "text": "Mr. Justice Scheineman\ndelivered the opinion of the court.\nThe plaintiffs, John and Ann Samples, recovered a judgment for $1,100 against defendant, Morgan Mines, Inc., in a trial before a jury. In the same suit the plaintiffs recovered a judgment for $600 against another corporate defendant who has not appealed. The first defendant, appellant here, now contends that the two defendants were joint tort-feasors and therefore separate verdicts and judgments were improper.\nThe complaint in this suit consists of two counts in tort. Count I sufficiently states a cause of action against appellant alone. Count II on its face purports to state a separate cause of action against the other defendant alone. Each defendant filed its own separate answer. Appellant\u2019s answer is directed only to Count I and denies each material allegation therein. The other defendant did the same as to Count II.\nNeither defendant made any claim that the purported separate causes of action were one and the same, or concerned a single tort, or that, for any other reason, the defendants were joint tort-feasors, if liable at all.\nInsofar as the relation of joint tort-feasor depends upon facts subject to proof, the jury was never called upon to consider and pass upon the evidence in that respect. Insofar as such relation depends upon rules of law, the trial court was not called upon to make any ruling pertaining thereto. Neither defendant requested any instruction upon the subject.\nThe usual motions for directed verdict, for judgment notwithstanding the verdict and for new trial were filed by appellant and overruled. None of the motions mentioned the point now argued. Thus it is apparent that this objection is raised for the first time upon this appeal.\nIt is a settled law that a party cannot raise objections in a court of review which were not urged in the trial court. Holmes v. First Union Trust & Savings Bank, 362 Ill. 44, 49; Morey v. Brown, 305 Ill. 284, 286; Novotny v. Acacia Mut. Life Ins. Co., 287 Ill. App. 361, 365. The rule is clearly applicable here, since if the question had been raised in apt time, the trial court and jury could have passed upon it, or the plaintiffs could have amended the prayer of the complaint. Also, appellant failed to preserve the point for review, by omitting to specify it particularly in the motion for new trial, as required by section 68 of the Civil Practice Act.\nAppellant makes one brief remark as to insufficiency of evidence. Appellee has made appropriate reference to evidence refuting this claim. Other assignments of error were made but not mentioned in the brief nor argued, and hence are waived. Meyer v. Hendrix, 311 Ill. 605, 606. Accordingly the judgment is affirmed.\nJudgment affirmed.\nCulbertson, P. J. and Bardens, J., concur.",
        "type": "majority",
        "author": "Mr. Justice Scheineman"
      }
    ],
    "attorneys": [
      "Franklin & Garrison, of Marion, for appellant.",
      "Balph W. Harris, and David A. Wareord, both of Marion, for appellees."
    ],
    "corrections": "",
    "head_matter": "John Samples and Ann Samples, Plaintiffs-Appellees, v. Morgan Mines, Inc., Defendant-Appellant.\nTerm No. 52-F-10.\nOpinion filed May 2, 1952.\nReleased for publication June 5, 1952.\nFranklin & Garrison, of Marion, for appellant.\nBalph W. Harris, and David A. Wareord, both of Marion, for appellees."
  },
  "file_name": "0070-01",
  "first_page_order": 92,
  "last_page_order": 94
}