{
  "id": 5188635,
  "name": "Charles E. Boyles and William H. Roche, Copartners as Boyles & Co., v. Axel Chytraus",
  "name_abbreviation": "Boyles v. Chytraus",
  "decision_date": "1896-11-19",
  "docket_number": "",
  "first_page": "592",
  "last_page": "593",
  "citations": [
    {
      "type": "official",
      "cite": "66 Ill. App. 592"
    }
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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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  "cites_to": [
    {
      "cite": "46 Ill. App. 369",
      "category": "reporters:state",
      "reporter": "Ill. App.",
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    {
      "cite": "35 Ill. App. 547",
      "category": "reporters:state",
      "reporter": "Ill. App.",
      "case_ids": [
        5003209
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      "opinion_index": 0,
      "case_paths": [
        "/ill-app/35/0547-01"
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  "last_updated": "2023-07-14T20:02:14.451346+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
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  "casebody": {
    "judges": [],
    "parties": [
      "Charles E. Boyles and William H. Roche, Copartners as Boyles & Co., v. Axel Chytraus."
    ],
    "opinions": [
      {
        "text": "Mr. Justice Gary\ndelivered the opinion op the Court.\nThis is a writ of error prosecuted' to reverse a judgment by confession, to open or vacate which judgment, no motion was made in the Circuit Court.\nSome amicable consideration has been given by the parties and judge of the court below, to the question whether the plaintiffs in error could have a bill of exceptions to bring up the original documents upon which the judgment was entered.\nThe judgment being entered in term time, those documerits are no part of the record. Frank v. Thomas, 35 Ill. App. 547.\nThey can, therefore, only be shown to this court by a bill of exceptions; but without exceptions in fact taken, there can be no bill, and the defendants below' could only take exception by moving there, to open or vacate the judgment. Even if those documents were part of this record, the plaintiff in error could have no benefit of them on this writ. -\nFrom the judgment itself the writ can not be prosecuted. Werkmeister v. Beaumont, 46 Ill. App. 369. The judgment is affirmed.",
        "type": "majority",
        "author": "Mr. Justice Gary"
      }
    ],
    "attorneys": [
      "Edward T. Cahill, attorney for plaintiffs in error.",
      "Charles S. Deneen, attorney for defendant in error."
    ],
    "corrections": "",
    "head_matter": "Charles E. Boyles and William H. Roche, Copartners as Boyles & Co., v. Axel Chytraus.\n1. Evidence\u2014Original Documents\u2014 When not a Part of the Record. \u2014 When a judgment is entered in term time, the original documents upon which it is entered are not a part of the record. They can only be made so by a bill of exceptions. . \u2022\n2; Judgment by Concession\u2014Exceptions.\u2014When a judgment is entered by confession, the defendant can only take exception by moving the court to vacate the judgment and preserve the evidence heard upon the motion by a proper bill of exceptions.\n8. Practice\u2014Error from a Judgment by Confession.\u2014A writ of error cannot be prosecuted to reverse a judgment by confession, to open or vacate which, no motion has been made in the court below.\nJudgment by Confession.\u2014Error to the Circuit Court of Cook County; the Hon. John Gibbons, Judge, presiding. Heard in this court at the October term, 1896.\nAffirmed.\nOpinion filed November 19, 1896.\nEdward T. Cahill, attorney for plaintiffs in error.\nCharles S. Deneen, attorney for defendant in error."
  },
  "file_name": "0592-01",
  "first_page_order": 588,
  "last_page_order": 589
}