{
  "id": 5205745,
  "name": "John H. Hollst v. Charles Bruse et al.",
  "name_abbreviation": "Hollst v. Bruse",
  "decision_date": "1897-03-08",
  "docket_number": "",
  "first_page": "48",
  "last_page": "50",
  "citations": [
    {
      "type": "official",
      "cite": "69 Ill. App. 48"
    }
  ],
  "court": {
    "name_abbreviation": "Ill. App. Ct.",
    "id": 8837,
    "name": "Illinois Appellate Court"
  },
  "jurisdiction": {
    "id": 29,
    "name_long": "Illinois",
    "name": "Ill."
  },
  "cites_to": [
    {
      "cite": "105 Ill. 264",
      "category": "reporters:state",
      "reporter": "Ill.",
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      ],
      "opinion_index": 0,
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    {
      "cite": "16 Ill. App. 365",
      "category": "reporters:state",
      "reporter": "Ill. App.",
      "case_ids": [
        854277
      ],
      "opinion_index": 0,
      "case_paths": [
        "/ill-app/16/0365-01"
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  "last_updated": "2023-07-14T19:55:23.961114+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "John H. Hollst v. Charles Bruse et al."
    ],
    "opinions": [
      {
        "text": "Mr. Justice Gary\ndelivered the opinion of the Court.\nJuly 10, 1896, on an ex parte trial of an appeal from a justice, the appellees recovered a verdict and judgment against the appellant for $ 146. During the term the appellant moved to set aside the judgment and verdict, and the bill of exceptions taken to the overruling of the motion recites that on that ex parte trial, \u201cAllen 0. Howes, being first duly sworn, testified: \u2018 My name is Allen C. Howes; the defendants are indebted to the plan tiffs in the sum of $146 for lumber sold by the plaintiffs and delivered for use upon the building of the defendant John H. Hollst,\u2019 which was all of the testimony heard on the trial of this cause.\u201d\nThe first point made in the motion was, \u201c that the verdict was not supported by the evidence,\u201d which point \"was well taken.\nThe statement by the witness that \u201c the defendants are indebted to the plaintiffs\u201d is not of a fact, but of a mere conclusion. Munson v. Farwell, 16 Ill. App. 365.\nThat conclusion is supported by no narative of facts. To whom the lumber was sold and delivered is not shown.\nThe motion should have been sustained.\nThe record states that the appeal ivas allowed from the order overruling the motion, and the bond recites an appeal from the judgment. Had any objection been made to the bond, such objection could have been removed by amendment. Sec. 70 Practice Act.\nThe order was a final order, and it and the judgment were of the same term.\nWhether we reverse the order with directions to grant the motion, or reverse the judgment, is but form, and the latter course ^being the simplest we will adopt it, as was done in the case cited.\nBy reference to People v. Gary, 105 Ill. 264, it will be seen that in Munson v. Farwell the motion must have been denied several terms after the judgment was entered.\nThere is a probable conjecture that one Rose is a necessay party to this suit, under Sec. 29 of the Mechanic\u2019s Lien Act, or Sec. 37 of the act of 1874, and that it is now too late to bring him in, and the suit must fail.\nThe judgment is reversed and the cause remanded.",
        "type": "majority",
        "author": "Mr. Justice Gary"
      }
    ],
    "attorneys": [
      "Samuel J. Howe and B. M. Munn, attorneys for appellant.",
      "I. T. Greenacre, attorney for appellees."
    ],
    "corrections": "",
    "head_matter": "John H. Hollst v. Charles Bruse et al.\n1. Conclusions\u2014Statement that Defendant is Indebted to Plaintiff. ~-A statement by a witness that the defendant is indebted to the plaintiff in a certain amount is a mere conclusion and will not support a judggrant in the plaintiff\u2019s favor. Such a conclusion should be supported by a narrative of facts.\n2. Appellate Court Practice\u2014Reversal of Orders or Judgments.\u2014 A motion was made to set aside a judgment, an appeal was allowed form an order overruling such motion and the bond recited an appeal from the judgment. Held, that whether the order should be reversed with directions to grant the motion, or the judgment be reversed, was but a question of form, and the latter course being the simplest was adopted.\nTranscript, from a justice of the peace. Appeal from the Circuit Court of Cook County; the Hon. Edward F. Dunne, Judge, presiding.\nHeard in this court at the October term, 1896.\nReversed and remanded.\nOpinion filed March 8, 1897.\nSamuel J. Howe and B. M. Munn, attorneys for appellant.\nI. T. Greenacre, attorney for appellees."
  },
  "file_name": "0048-01",
  "first_page_order": 46,
  "last_page_order": 48
}