{
  "id": 5254507,
  "name": "Ferdinand Brettschneider v. The Fair",
  "name_abbreviation": "Brettschneider v. The Fair",
  "decision_date": "1897-03-29",
  "docket_number": "",
  "first_page": "48",
  "last_page": "49",
  "citations": [
    {
      "type": "official",
      "cite": "70 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": [],
  "analysis": {
    "cardinality": 182,
    "char_count": 2255,
    "ocr_confidence": 0.57,
    "sha256": "5aaec8ea3409ef4e7f074c43873e67c065650ee4d7df1ba724246f8179742d10",
    "simhash": "1:bfc34d2964063790",
    "word_count": 398
  },
  "last_updated": "2023-07-14T18:32:17.018382+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "Ferdinand Brettschneider v. The Fair."
    ],
    "opinions": [
      {
        "text": "Mr. Justice Gary\ndelivered the opinion of the Court.\nNovember 14, 189'6, judgment was entered for the appellee, defendant below, and leave given to the appellant to file a bill of exceptions within sixty days.\nJanuary 12, 1897, an order was entered thus: \u201cOn motion of defendant\u2019s attorney it is ordered that the time for the defendant to file the bill of exceptions herein be and the same is hereby extended twenty days.\u201d\nThat is nonsense, as the defendant wanted no bill of exceptions, but it does not follow that we are to read the order with the word plaintiff substituted for the word defendant. The order does not intimate that the plaintiff did come, though the case shows that he only had any cause to come.\nBut further than this, if the word plaintiff ivere substituted, then the order would appear to be one entered after the term at which the judgment was entered had expired\u2014 without notice to the adverse party\u2014and therefore void.\nThe motion of the appellee to strike out the bill of exceptions which was filed February 1, 1897, is sustained; and with less regret because it does not contain all the evidence put in on the trial, and the merits seem to be with the appellee oh what evidence is in.\nThe judgment is affirmed.",
        "type": "majority",
        "author": "Mr. Justice Gary"
      }
    ],
    "attorneys": [
      "Pedrick & Dawson, attorneys for appellant.",
      "Masterson & Haft, attorneys for appellee."
    ],
    "corrections": "",
    "head_matter": "Ferdinand Brettschneider v. The Fair.\n1. Bill of Exceptions\u2014When Regarded as Incomplete.\u2014Where many papers which are not in a bill of exceptions were offered in evidence. and seen by the court trying the case without a jury, and it is clear that the judge regarded them as part of the proofs, though there be no formal statement that they were received in evidence, the bill of exceptions will be treated as incomplete.\n2. Judgments\u2014Presumed to be Right.\u2014A judgment is presumed to be right until it is shown to be wrong, and where, from what is before it, a court of appeal can not say that a judgment appealed from is wrong, it must be affirmed.\nTranscript, from a justice of the peace. Appeal from the Circuit Court of Cook County; the Hon. Abner Smith, Judge, presiding.\nHeard in this court at the March term, 1897.\nAffirmed.\nOpinion filed March 29, 1897.\nRehearing denied.\nOpinion on petition for rehearing filed April 15, 1897.\nPedrick & Dawson, attorneys for appellant.\nMasterson & Haft, attorneys for appellee."
  },
  "file_name": "0048-01",
  "first_page_order": 48,
  "last_page_order": 49
}