{
  "id": 5152065,
  "name": "Simon Cohen v. A. Moore",
  "name_abbreviation": "Cohen v. Moore",
  "decision_date": "1895-06-24",
  "docket_number": "",
  "first_page": "396",
  "last_page": "397",
  "citations": [
    {
      "type": "official",
      "cite": "59 Ill. App. 396"
    }
  ],
  "court": {
    "name_abbreviation": "Ill. App. Ct.",
    "id": 8837,
    "name": "Illinois Appellate Court"
  },
  "jurisdiction": {
    "id": 29,
    "name_long": "Illinois",
    "name": "Ill."
  },
  "cites_to": [
    {
      "cite": "75 Ill. 232",
      "category": "reporters:state",
      "reporter": "Ill.",
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      ],
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    {
      "cite": "24 Ill. 295",
      "category": "reporters:state",
      "reporter": "Ill.",
      "case_ids": [
        5284252
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      "case_paths": [
        "/ill/24/0295-01"
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    },
    {
      "cite": "88 Ill. 299",
      "category": "reporters:state",
      "reporter": "Ill.",
      "case_ids": [
        5336326
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      "opinion_index": 0,
      "case_paths": [
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  "last_updated": "2023-07-14T19:53:36.719815+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "Simon Cohen v. A. Moore."
    ],
    "opinions": [
      {
        "text": "Mr. Justice Gary\ndelivered the opinion oe the Court.\nThis is a case in which proceedings conducted in strict accordance with the statutes have resulted, because of our loose system in regard to notice, in a, possibly, very unjust judgment, from which there can be, on this appeal, no relief.\nThe appellee sued the appellant before a justice and on the return day of the summons, the appellee not appearing, on motion of the appellant the justice dismissed the suit at the cost of the appellee. Such dismissal was a. judgment from which an appeal would lie. Reiman v. Ater, 88 Ill. 299.\nThe appellee did appeal to the Circuit Court and the case was then tried and a judgment rendered for the appellee, November 12, 1894. The appellant had no notice of the appeal or judgment until January 22, 1895. Tet the law imputes to him knowledge that an appeal might be taken, and imposed the duty to follow the case, if he wished to defend.\nTwo terms of the Circuit Court had then passed since the judgment was entered. The control of the court over the judgment had ended with the October term.\nAt the January term it had no jurisdiction to set the judgment aside. Cook v. Wood, 24 Ill. 295, has been followed in a multitude of cases; twice by us in this term, before this case. We hardly need say that the refusal of the court to vacate the judgment, which it had not jurisdiction to vacate, was not error, and the order so refusing is affirmed.\nThe various proceedings set out in the affidavit on which the motion to vacate was based, and by which the appellant was misled, were no ground for a writ of error coram nobis. Fix v. Quinn, 75 Ill. 232.",
        "type": "majority",
        "author": "Mr. Justice Gary"
      }
    ],
    "attorneys": [
      "John 0. Trainor, attorney for appellant,",
      "I. T. Greenacre, attorney for appellee."
    ],
    "corrections": "",
    "head_matter": "Simon Cohen v. A. Moore.\n1. Appeal\u2014Ides from Justice's Dismissal.\u2014Where, .upon the return day of a summons, the plaintiff does not appear, and the justice dismisses the suit at his cost, such dismissal is a judgment from which an appeal will lie.\n2. Appeal from Justices\u2014 When Appellee Bound to Follow up the Suit\u2014Notice.\u2014When a plaintiff omits to appear on the return day of his summons in a justice\u2019s court and the suit is dismissed at his costs, the law imputes to the defendant knowledge that the plaintiff may appeal, and imposes upon him the duty of following up the case if he wishes to defend.\nMotion to Y acate Judgment.\u2014Appeal from the Circuit Court of Cook County; the Hon. Thomas Gr. Windes, Judge, presiding. Heard in this court at the March term, 1895.\nAffirmed.\nOpinion filed June 24, 1895.\nJohn 0. Trainor, attorney for appellant,\nI. T. Greenacre, attorney for appellee."
  },
  "file_name": "0396-01",
  "first_page_order": 394,
  "last_page_order": 395
}