{
  "id": 856604,
  "name": "John B. Mallers v. Crane Elevator Company",
  "name_abbreviation": "Mallers v. Crane Elevator Co.",
  "decision_date": "1895-01-10",
  "docket_number": "",
  "first_page": "283",
  "last_page": "285",
  "citations": [
    {
      "type": "official",
      "cite": "57 Ill. App. 283"
    }
  ],
  "court": {
    "name_abbreviation": "Ill. App. Ct.",
    "id": 8837,
    "name": "Illinois Appellate Court"
  },
  "jurisdiction": {
    "id": 29,
    "name_long": "Illinois",
    "name": "Ill."
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      "reporter": "Ill. App.",
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    {
      "cite": "37 Ill. App. 270",
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      "reporter": "Ill. App.",
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    {
      "cite": "30 Ill. App. 500",
      "category": "reporters:state",
      "reporter": "Ill. App.",
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        2421400
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  "analysis": {
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  "last_updated": "2023-07-14T20:02:41.767696+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "John B. Mallers v. Crane Elevator Company."
    ],
    "opinions": [
      {
        "text": "Mr. Justice Shepard\ndelivered the opinion of the Court.\nThis was an action in assumpsit, on the common counts, by appellee against appellant.\nTo the action the defendant interposed a plea of the' general issue, and a \u201c notice of set-off of ten thousand dollars on account of failure of plaintiff to furnish and provide elevators according to contract sued on,\u201d as stated in the abstract. The abstract of the record furnishes no further information of the character of the suit, nor of the defense.\nThe index to the bill of exceptions shows that twelve separate witnesses testified on the trial, and their testimony \u2018 covers about 550 pages of typewriting. The testimony of ten of those witnesses is not referred to in the abstract, not even by naming them.\nThe testimony of the other two witnesses, one for the plaintiff and one for the defendant (the defendant himself), occupying more than one hundred and fifty typewritten pages of the bill of exceptions, is abstracted into forty-seven lines.\nAs indicated by the numerals on the margin of the abstract, the testimony of defendant on page 69 of the record consisted of the words \u201c no improved spring attachment;\u201d on page 71, \u201c no automatic speed regulator;\u201d on page 72, \u201c no gate valve,\u201d with no connecting or explanatory words to show what the witness was testifying about.\nWhat is alluded to in appellant\u2019s brief as a written special contract,\u201d relied upon by the. plaintiff, is referred to in the abstract as a \u201c contract for second or steam elevator admitted by defendant\u2019s attorney to have been signed by Mailers, but introduction objected to,\u201d and is not, either in abstract or brief, more particularly described. Eeferring to the page of the record-indicated by the numeral on the margin of the abstract, we do not find any contract of any kind.\u2019 Looking further into the bill of exceptions and in different places, at intervals sometimes of more than a hundred pages, we find four contracts of four or five typewritten pages each, all of which have the name of the defendant in type.\nWe are not required to determine from such an abstract either the merits of the case upon the facts, or the correctness of the rulings of the court with reference to the admission of evidence, or the giving of instructions.\nIt would be impossible to do so, even though we were not protected from such an undertaking by a salutary rule of court with which counsel, so active and prominent at the bar as appellant\u2019s counsel, is unquestionably familiar.\nRule 19 of this court provides:\n\u201c In all cases, the party bringing a cause into this court shall furnish a complete abstract or abridgment of the record therein, referring to the appropriate pages of the record by numerals on the margin.\u201d This rule is a living one that must be complied with. Lake v. Lower, 30 Ill. App. 500; Florez v. Brown, 37 Ill. App. 270; Richey v. Dunham, 50 Ill. App. 246; Woven Cord Co. v. Coxedge, 50 Ill. App. 334.\nFor want of a sufficient abstract the judgment is affirmed",
        "type": "majority",
        "author": "Mr. Justice Shepard"
      }
    ],
    "attorneys": [
      "D. M. Kirton, attorney for appellant.",
      "Hamline, Scott & Lord, attorneys for appellee."
    ],
    "corrections": "",
    "head_matter": "John B. Mallers v. Crane Elevator Company.\n1. Abstracts\u2014Must Comply with the Rules.\u2014The court is not required to determine from an imperfect abstract, either the merits of a case upon the facts or the correctness of the rulings of the court with reference to the admission of evidence or the giving of instructions.\nMemor\u00e1ndum.\u2014Assumpsit. Appeal from the Circuit Court of Cook County; the Hon. Richard W. Clifford, Judge, presiding. Submitted at the October term, 1894.\nAffirmed.\nOpinion filed January 10, 1895.\nD. M. Kirton, attorney for appellant.\nHamline, Scott & Lord, attorneys for appellee."
  },
  "file_name": "0283-01",
  "first_page_order": 279,
  "last_page_order": 281
}