{
  "id": 4775153,
  "name": "Jane Cooper v. William Cooper",
  "name_abbreviation": "Cooper v. Cooper",
  "decision_date": "1879-07-11",
  "docket_number": "",
  "first_page": "167",
  "last_page": "168",
  "citations": [
    {
      "type": "official",
      "cite": "4 Ill. App. 167"
    }
  ],
  "court": {
    "name_abbreviation": "Ill. App. Ct.",
    "id": 8837,
    "name": "Illinois Appellate Court"
  },
  "jurisdiction": {
    "id": 29,
    "name_long": "Illinois",
    "name": "Ill."
  },
  "cites_to": [],
  "analysis": {
    "cardinality": 173,
    "char_count": 2689,
    "ocr_confidence": 0.489,
    "sha256": "ccff92363e0b53595a45b9466a2ce7d5807a6317530a5c52de9fe0fc50073ce6",
    "simhash": "1:84a7db10aef3fb56",
    "word_count": 484
  },
  "last_updated": "2023-07-14T20:50:02.060400+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "Jane Cooper v. William Cooper."
    ],
    "opinions": [
      {
        "text": "Lacey, J.\nThis is a motion hy defendant in error, for a rule on the clerk of this court to show cause why he should not make and deliver to the defendants \"in error a certified copy of the order of this court reversing and remanding this cause. '\nIt appears from the answer of the clerk, and the affidavit .of the defendant in error, that the clerk has been tendered his costs only, and that there are other costs which the defendant in error is liable to pay, to-wit: transcript fee and the printing of abstracts. The clerk insists that he is not bound to issue the final order of remittitwr until all the costs are paid for which the defendant is liable.\nThe last clause of the amended act \u201c Fees and Salaries of Clerks of the Supreme Court,\u201d Sec. 12, page 80, laws 1875, provides : \u201c That the clerks shall not be required to issue a final order in any cause until all costs for which the party seeking such final order is liable in such cause have been paid.\u201d\nThe act to establish Appellate Courts, in' force July 1st, 1877, Laws 1877, p. 69, provides, Sec. 3, that, \u201cthe clerks of the Appellate Court shall be allowed to receive the same fees for services in the Appellate Court as are allowed for like services in the Supreme Court.\u201d Sec. 10, of the same act provides: \u201c That the process, practice and pleadings in said court' shall be uniform, and shall be the same as process, practice and pleadings now prescribed, or which may hereafter be prescribed, in and for the said Supreme Court of this State, so far as applicable.\u201d\nIt appears evident that the legislature intended that the practice in the Appellate Court should be the same as in the Supreme Court, including the issuing of final process, and that the process should be the same, both in manner of issuing \u25a0 and the form.\n. It, therefore follows, that all the costs, including the transcript fee and the printing of abstracts, all of which the defendant in error is liable to pay, should be paid before he is entitled to have issued the final order of remittitur.\nThe motion is therefore overruled.",
        "type": "majority",
        "author": "Lacey, J."
      }
    ],
    "attorneys": [
      "Mr. D. P. Jones, for the motion.",
      "Mr. Walter Peeves, against the motion;"
    ],
    "corrections": "",
    "head_matter": "Jane Cooper v. William Cooper.\nRule on clerk to issue mandate.\u2014Costs must eirst be paid.\u2014 Before the court will enter an order on the clerk to issue a certified copy of an order reversing and remanding a cause, all the costs in the Appellate Court for which the party applying for such order is liable must be paid; payment of the fees for such copy alone is not sufficient.\nError to the Circuit Court of LaSalle county; the Hon. E. S. Leland, Judge, presiding.\nOpinion filed July 11, 1879.\nMr. D. P. Jones, for the motion.\nMr. Walter Peeves, against the motion;\ncited Lincoln v. Stowell, Ill. Sup. Ct., 1877, unreported."
  },
  "file_name": "0167-01",
  "first_page_order": 163,
  "last_page_order": 164
}