{
  "id": 5143687,
  "name": "Henry Dressel v. Samuel G. Lonsdale et al.",
  "name_abbreviation": "Dressel v. Lonsdale",
  "decision_date": "1892-12-08",
  "docket_number": "",
  "first_page": "454",
  "last_page": "455",
  "citations": [
    {
      "type": "official",
      "cite": "46 Ill. App. 454"
    }
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  "court": {
    "name_abbreviation": "Ill. App. Ct.",
    "id": 8837,
    "name": "Illinois Appellate Court"
  },
  "jurisdiction": {
    "id": 29,
    "name_long": "Illinois",
    "name": "Ill."
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      "cite": "46 Ill App. 448",
      "category": "reporters:state",
      "reporter": "Ill. App.",
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    {
      "cite": "40 Ill. App. 320",
      "category": "reporters:state",
      "reporter": "Ill. App.",
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      "case_paths": [
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  "last_updated": "2023-07-14T15:44:05.291643+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
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  "casebody": {
    "judges": [],
    "parties": [
      "Henry Dressel v. Samuel G. Lonsdale et al."
    ],
    "opinions": [
      {
        "text": "Mr. Justice Gary.\nThis was an action by the appellees for compensation for boarding the infant children of the appellant at his request. It was tried upon the testimony of the appellees solely, the appellant making no defense upon the merits, and having none.\nAll instructions asked on his behalf were given.\nIn the motion for a new trial no complaint is made of the amount of the verdict. Excessive damages as a ground for a new trial must be specially assigned in the motion, or that ground is waived.. Linn v. Linderoth, 40 Ill. App. 320; Rice v. Heap, 46 Ill App. 448.\nThe objection was made below, and insisted upon here, that the action should have been by the wife alone. It makes no difference to him whether the judgment is in favor of both or one; it bars another suit by either.\nHusband and wife may contract with each other under the statute \u201c Husband and Wife.\u201d Crum v. Sawyer, 132 Ill. 443. They may, therefore, enter into partnership with each other.\nWhen, they sue as joint plaintiffs, the statute (Sec. 34 Practice Act) dispenses with proof of their joint interest, though it may be disproved.\nIt is true that both appellees in the testifying spoke of the dealings as being between the appellant and the wife, but that is not inconsistent, no attention being called, while they were testifying, to that point, with some arrangement between the appellees for a division of profits.\nThe statute supplies the place of proof of some such arrangement, to the extent at least, that the verdict of the jury, which under the instruction given was in effect that the proof did not show a cause of action \u201cin favor of one only,\u201d is not to he overturned. Touhy v. Daly, 27 Ill. App. 450.\nThe wife\u2019s earnings are her own. Presumptively the husband supplies the house. They might pool and divide.\nThe judgment is affirmed.\nJudgment affirmed.",
        "type": "majority",
        "author": "Mr. Justice Gary."
      }
    ],
    "attorneys": [
      "Messrs. M. A. Rorke & Son, for appellant.",
      "No appearance for appellees."
    ],
    "corrections": "",
    "head_matter": "Henry Dressel v. Samuel G. Lonsdale et al.\nHusband and Wife\u2014Partnership\u2014New Trial\u2014Damages.\n1. Excessive. damages as a ground for a new trial must be specially assigned in the motion, or that ground is waived.\n3. A husband may enter into partnership with his wife.\n8. When they sue as joint plaintiffs. Sec. 84, Practice Act, dispenses with proof of then- joint interest, though it may be disproved.\n4. Presumptively a husband supplies the house.\n[Opinion filed December 8, 1892.]\nAppeal from the Superior Court of Cook County; the Hon. Theodore Brentano, Judge, presiding.\nMessrs. M. A. Rorke & Son, for appellant.\nNo appearance for appellees."
  },
  "file_name": "0454-01",
  "first_page_order": 452,
  "last_page_order": 453
}