{
  "id": 5191036,
  "name": "David R. Shively and Annie Shively v. John P. Hettinger",
  "name_abbreviation": "Shively v. Hettinger",
  "decision_date": "1896-12-14",
  "docket_number": "",
  "first_page": "278",
  "last_page": "279",
  "citations": [
    {
      "type": "official",
      "cite": "67 Ill. App. 278"
    }
  ],
  "court": {
    "name_abbreviation": "Ill. App. Ct.",
    "id": 8837,
    "name": "Illinois Appellate Court"
  },
  "jurisdiction": {
    "id": 29,
    "name_long": "Illinois",
    "name": "Ill."
  },
  "cites_to": [
    {
      "cite": "64 Ill. App. 259",
      "category": "reporters:state",
      "reporter": "Ill. App.",
      "case_ids": [
        5174471
      ],
      "opinion_index": 0,
      "case_paths": [
        "/ill-app/64/0259-01"
      ]
    },
    {
      "cite": "160 Ill. 582",
      "category": "reporters:state",
      "reporter": "Ill.",
      "case_ids": [
        3127478
      ],
      "opinion_index": 0,
      "case_paths": [
        "/ill/160/0582-01"
      ]
    }
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  "analysis": {
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    "sha256": "65d75846550f3bbc24f96b61db81fa396f951706174b380538c21de26ce14803",
    "simhash": "1:8cd7c89f178d5311",
    "word_count": 646
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  "last_updated": "2023-07-14T17:00:34.097112+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "David R. Shively and Annie Shively v. John P. Hettinger."
    ],
    "opinions": [
      {
        "text": "Mr. Presiding Justice Shepard\ndelivered the opinion of the Court.\nThis was a suit brought by appellee, as plaintiff, against the appellants, as defendants, to recover upon what the evidence tended to show was a special contract for the making of plans and specifications by the appellee, as an architect, for a building proposed to be erected by the appellants. \u2022\nThe only information which the abstract furnishes concerning the declaration, is that in one place it speaks of a \u201cjournal entry of order granting leave to file new declaration in lieu of lost declaration,\u201d and in another place it mentions \u201c new declaration,\u201d and in yet another place it mentions that leave was granted to file \u201c additional counts\u201d instanter.\nHo sort of information is given as to what was contained in either declaration, or in the additional counts. Under such conditions, we must assume that the declaration fitted the proofs.\nThat alleged errors not based upon anything appearing in the abstract of record, will not be considered by the reviewing tribunal, has been decided so many times' that authority for it should no longer be thought necessary, but\nL the latest expression of the rule by the Supreme Court may be seen in Strohm v. The People, 160 Ill. 582.\nIn this court the decisions have been numerous, and many of them are collected in Shields v. Brown, 64 Ill. App. 259.\nThe abstract does not show that any motion for a new trial was made in the court below, and therefore all errors that have been assigned for causes which can only be raised by interposing such a motion, are out of the case in this court.\nBut if it be said that there were such errors committed by the trial court as do not require that a motion for a new trial be interposed in order that they may be assigned for error, either in the admission or rejection of evidence, or in the giving or refusal of instructions, we can only say that it is impossible, without the declaration before us, to pass intelligently upon the first, and that as to the last, the abstract does not show that an exception was taken to the action of the court with regard to any instruction either given or refused.\nFor anything appearing in the testimony, as abstracted, and as supplemented by what may be regarded as a further abstract of the testimony contained in the brief of appellee, we can not say that the jury were so clearly wrong in believing the appellee in preference to believing the opposed testimony in behalf of the appellants, as for that reason to justify a reversal of the judgment.\nThere clearly was evidence, though not very strong, that tended to support the verdict upon a theory that there was an express contract declared upon, under which the appellants were jointly bound.\nMrs. Shively was present and participated in some of the conversations between her husband and the appellee, and it was stipulated that she owned the ground upon which the building was proposed to be erected, and there was evidence that tended to show, though not very strongly, that she assented to a contract with the appellee, to make the plans and specifications at an agreed price.\nUpon the record that is before us, we can only affirm the judgment.",
        "type": "majority",
        "author": "Mr. Presiding Justice Shepard"
      }
    ],
    "attorneys": [
      "Duncombe & Butler, attorneys for appellants.",
      "Warwick A. Shaw, attorney for appellee."
    ],
    "corrections": "",
    "head_matter": "David R. Shively and Annie Shively v. John P. Hettinger.\n1. Appellate Court Practice\u2014Abstract Must Show upon What Errors are Based.\u2014Alleged errors not based upon anything appearing in the abstract of the record will not be considered by tire court.\nAssumpsit, on a special contract. Appeal from the Circuit Court of Cook County; the Hon. Charles G. Neely, Judge, presiding.\nHeard in this court at the October term, 1896.\nAffirmed.\nOpinion filed December 14, 1896.\nDuncombe & Butler, attorneys for appellants.\nWarwick A. Shaw, attorney for appellee."
  },
  "file_name": "0278-01",
  "first_page_order": 276,
  "last_page_order": 277
}