{
  "id": 5101551,
  "name": "Venice C. Seaver v. Ferdinand Siegel",
  "name_abbreviation": "Seaver v. Siegel",
  "decision_date": "1894-04-30",
  "docket_number": "",
  "first_page": "632",
  "last_page": "633",
  "citations": [
    {
      "type": "official",
      "cite": "54 Ill. App. 632"
    }
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  "court": {
    "name_abbreviation": "Ill. App. Ct.",
    "id": 8837,
    "name": "Illinois Appellate Court"
  },
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    "id": 29,
    "name_long": "Illinois",
    "name": "Ill."
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      "cite": "44 Ill. 133",
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      "cite": "73 Ill. 473",
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    {
      "cite": "32 Ill. 38",
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      "reporter": "Ill.",
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  "last_updated": "2023-07-14T19:49:51.601388+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
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  "casebody": {
    "judges": [],
    "parties": [
      "Venice C. Seaver v. Ferdinand Siegel."
    ],
    "opinions": [
      {
        "text": "Mr. Justice Waterman\ndelivered the opinion of the Court.\nJudgment by confession for the sum of $570, having been entered against appellant upon a lease, he appeared and asked that a judgment be set aside; thereupon the court allowed him to plead to the declaration filed in the cause; appellant then filed a demurrer, which demurrer being overruled, he filed \u00e1 written motion to set aside the order overruling his demurrer; the court refused tp grant such motion, and ordered that the judgment heretofore entered should stand as final, unless the defendant should further plead. Appellant elected to stand by his demurrer, and prayed an appeal from the judgment by confession entered as aforesaid.\nThe cognovit filed in this case contains a waiver of al errors. \u25a0\nAll the exceptions urged against the judgment were but errors and were waived. Hall v. Jones, 32 Ill. 38; Frear v. The Commercial Natl. Bank, 73 Ill. 473; Hall v. Hamilton, 74 Ill. 437.\nCourts of law exercise an equitable jurisdiction over judgments by confession, and on application to set such a judgment aside some equitable ground should be shown. Stahl v. Shipp, 44 Ill. 133.\nHone is shown here and the judgment is affirmed.",
        "type": "majority",
        "author": "Mr. Justice Waterman"
      }
    ],
    "attorneys": [
      "Luther Laflin Mills and John McGaffey, attorneys for appellant.",
      "Willoughby & Binswanger, attorneys for appellee."
    ],
    "corrections": "",
    "head_matter": "Venice C. Seaver v. Ferdinand Siegel.\n1. Judgment by Confession\u2014Waiver of Errors.\u2014Judgment by confession having been entered against appellant upon a lease, he appeared and asked that it be set aside; the court allowed him to plead to the declaration. He then filed a demurrer, which, being- overruled, the court ordered that the judgment should stand as final, -unless the defendant should further plead. He elected to stand by his demurrer and prayed an appeal. It was held, that the cognovit filed in the case waived all errors.\n2. Same\u2014Courts of Law Exercise Equitable Jurisdiction.\u2014Courts of law exercise an equitable jurisdiction over judgments by confession, and on application to set such judgments aside some equitable ground should be shown.\nMemorandum.\u2014Judgment by confession. Appeal from the Superior Court of Cook County; the Hon. Jonas Hutchinson, Judge, presiding.\nHeard in this court at the March term, 1894,\nand affirmed.\nOpinion filed April 30, 1894.\nThe opinion states the case.\nLuther Laflin Mills and John McGaffey, attorneys for appellant.\nWilloughby & Binswanger, attorneys for appellee."
  },
  "file_name": "0632-01",
  "first_page_order": 630,
  "last_page_order": 631
}