{
  "id": 856692,
  "name": "George A. Chambers v. August Kirschoff et al.",
  "name_abbreviation": "Chambers v. Kirschoff",
  "decision_date": "1895-03-05",
  "docket_number": "",
  "first_page": "615",
  "last_page": "616",
  "citations": [
    {
      "type": "official",
      "cite": "57 Ill. App. 615"
    }
  ],
  "court": {
    "name_abbreviation": "Ill. App. Ct.",
    "id": 8837,
    "name": "Illinois Appellate Court"
  },
  "jurisdiction": {
    "id": 29,
    "name_long": "Illinois",
    "name": "Ill."
  },
  "cites_to": [
    {
      "cite": "24 Ill. 295",
      "category": "reporters:state",
      "reporter": "Ill.",
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    {
      "cite": "78 Ill. 339",
      "category": "reporters:state",
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    {
      "cite": "41 Ill. 222",
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      "reporter": "Ill.",
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        5217478
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    {
      "cite": "152 Ill. 42",
      "category": "reporters:state",
      "reporter": "Ill.",
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        835351
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      "case_paths": [
        "/ill/152/0042-01"
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    {
      "cite": "67 Ill. 330",
      "category": "reporters:state",
      "reporter": "Ill.",
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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": [
      "George A. Chambers v. August Kirschoff et al."
    ],
    "opinions": [
      {
        "text": "Mr. Justice Shepard\ndelivered the opinion of the Court.\nWhether the appeal from the judgment rendered by the justice of the peace was rightly dismissed by the Circuit Court, or not, is not the question involved on this appeal, although the question is one upon which most of the argument of counsel has been expended.\nOn June 2, 1894, which was of the May term, 1894, the Circuit Court dismissed the appeal from the justice\u2019s judgment for want of prosecution.\nOn June 21, 1894, which was of the June term, 1894, there was filed in the Circuit Court a motion by appellant to set aside the above mentioned order of dismissal, which was overruled. It is from this last order refusing to set aside the order of dismissal, entered at a previous term, that this appeal was prayed and allowed; and the only question before us is, was that motion properly refused ? Knox v. Winsted Savings Bank, 67 Ill. 330.\nThe order dismissing the appeal was a final judgment. The motion to set aside that judgment was not made at the term at which the judgment was rendered, and it could not be entertained at a subsequent term. Baldwin v. McClelland, 152 Ill. 42; Cox v. Brackett, 41 Ill. 222; Coursen v. Hixon, 78 Ill. 339; Cook v. Wood, 24 Ill. 295; 1 Black on Judgments, Sec. 306.\nThe motion to vacate the order of dismissal was properly overruled. Affirmed.",
        "type": "majority",
        "author": "Mr. Justice Shepard"
      }
    ],
    "attorneys": [
      "George W. Brown, attorney for appellant.",
      "Wm. A. Schonfeld, attorney for appellees."
    ],
    "corrections": "",
    "head_matter": "George A. Chambers v. August Kirschoff et al.\n1. Final Judgment\u2014Order Dismissing an Appeal.\u2014An order dismissing an appeal is a final judgment, and a motion to set aside the order, not made at the term at which it is entered, can not be entertained at a subsequent term.\nMemorandum.\u2014Appeal from an order dismissing an appeal entered by the Circuit Court of Cook County; the Hon. Frank Baker, Judge, presiding. Heard in this court at the October term, 1894, and affirmed.\nOpinion filed March 5, 1895,\nGeorge W. Brown, attorney for appellant.\nWm. A. Schonfeld, attorney for appellees."
  },
  "file_name": "0615-01",
  "first_page_order": 611,
  "last_page_order": 612
}