{ "id": 5253340, "name": "Emil Calman, Gustav B. Calman and Charles Calman v. Henry Stuckart", "name_abbreviation": "Calman v. Stuckart", "decision_date": "1897-06-14", "docket_number": "", "first_page": "310", "last_page": "313", "citations": [ { "type": "official", "cite": "70 Ill. App. 310" } ], "court": { "name_abbreviation": "Ill. App. Ct.", "id": 8837, "name": "Illinois Appellate Court" }, "jurisdiction": { "id": 29, "name_long": "Illinois", "name": "Ill." }, "cites_to": [ { "cite": "87 Ill. 474", "category": "reporters:state", "reporter": "Ill.", "case_ids": [ 5343192 ], "opinion_index": -1, "case_paths": [ "/ill/87/0474-01" ] }, { "cite": "50 Ill. 21", "category": "reporters:state", "reporter": "Ill.", "case_ids": [ 2607885 ], "opinion_index": -1, "case_paths": [ "/ill/50/0021-01" ] }, { "cite": "70 Ill. 567", "category": "reporters:state", "reporter": "Ill.", "case_ids": [ 5308775 ], "opinion_index": -1, "case_paths": [ "/ill/70/0567-01" ] }, { "cite": "72 Ill. 331", "category": "reporters:state", "reporter": "Ill.", "case_ids": [ 2715185 ], "opinion_index": -1, "case_paths": [ "/ill/72/0331-01" ] }, { "cite": "71 Ill. 413", "category": "reporters:state", "reporter": "Ill.", "case_ids": [ 5311393 ], "opinion_index": -1, "case_paths": [ "/ill/71/0413-01" ] }, { "cite": "35 Ill. 568", "category": "reporters:state", "reporter": "Ill.", "case_ids": [ 5256463 ], "opinion_index": -1, "case_paths": [ "/ill/35/0568-01" ] }, { "cite": "31 Ill. 336", "category": "reporters:state", "reporter": "Ill.", "case_ids": [ 8500660 ], "opinion_index": -1, "case_paths": [ "/ill/31/0336-01" ] }, { "cite": "93 Ill. 572", "category": "reporters:state", "reporter": "Ill.", "case_ids": [ 2734616 ], "opinion_index": -1, "case_paths": [ "/ill/93/0572-01" ] }, { "cite": "37 Ill. App. 363", "category": "reporters:state", "reporter": "Ill. App.", "case_ids": [ 859922 ], "opinion_index": 0, "case_paths": [ "/ill-app/37/0363-01" ] }, { "cite": "37 Ill. App. 385", "category": "reporters:state", "reporter": "Ill. App.", "case_ids": [ 859939 ], "opinion_index": 0, "case_paths": [ "/ill-app/37/0385-01" ] }, { "cite": "142 Ill. 45", "category": "reporters:state", "reporter": "Ill.", "case_ids": [ 3088592 ], "opinion_index": 0, "case_paths": [ "/ill/142/0045-01" ] }, { "cite": "61 Ill. 130", "category": "reporters:state", "reporter": "Ill.", "case_ids": [ 2460218 ], "opinion_index": 0, "case_paths": [ "/ill/61/0130-01" ] }, { "cite": "69 Ill. 15", "category": "reporters:state", "reporter": "Ill.", "case_ids": [ 2633146 ], "opinion_index": 0, "case_paths": [ "/ill/69/0015-01" ] }, { "cite": "93 Ill. 572", "category": "reporters:state", "reporter": "Ill.", "case_ids": [ 2734616 ], "opinion_index": 0, "case_paths": [ "/ill/93/0572-01" ] } ], "analysis": { "cardinality": 349, "char_count": 5214, "ocr_confidence": 0.484, "pagerank": { "raw": 6.087085966315723e-08, "percentile": 0.377753683708973 }, "sha256": "de9be800be1584b623dfe2e2cf05599c62ca5771b59f5dc1d325a3cae5d0c3b3", "simhash": "1:fd06741d0e1bb8d2", "word_count": 918 }, "last_updated": "2023-07-14T18:32:17.018382+00:00", "provenance": { "date_added": "2019-08-29", "source": "Harvard", "batch": "2018" }, "casebody": { "judges": [], "parties": [ "Emil Calman, Gustav B. Calman and Charles Calman v. Henry Stuckart." ], "opinions": [ { "text": "Mr. Justice Gary delivered\nthe opinion of the Court.\nThe appellee filed this bill in chancery, from which it appears that January 2, 1896, he was summoned as a garnish ee in a suit by attachment commenced by the appellants against one Pohle, to whom he owed $28. December 28, 1895, the appellee had been notified by Wolf, of the firm of O\u2019Connor & Wolf, attorneys, that Wolf had-purchased the claim of Pohle against the appellee.\nSoon after he was summoned, the appellee received a letter from the attorneys that they would defend him without expense to him. He answered that he was ready to pay the amount he owed when the court should decide to whom, and rested in the belief that the attorneys would take care of him.\nMarch 24, 1896, he was served with a soi.fa. on a conditional judgment entered against him March 5, 1896, for $375.30, but he still rested in the belief that the attorneys would take care of him. April 18, 1896, the conditional judgment was made absolute, and June 1, 1896, an execution issued thereon, which the sheriff was about, at the time the bill was filed, to levy upon the property of the appellee.\nThe facts already stated present no excuse for the neglect of the appellee to attend to the process against him. . If the relation of attorney and client was created between O'Connor & Wolf and the appellee, their neglect was his neglect. Clark v. Ewing, 93 Ill. 572.\nIf such relation was not created, but only some sort of contract made between him and them, their failure to perform it gave rise to no equity against the appellants.\nHaving notice. March 24, 1896, that a conditional judgment had been entered against him for more than a dozen times as much as he owed, his trust in the diligence of the attorneys to take care of him, was wholly unwarranted, and his own inattention to his interest was great negligence. Mellendy v. Austin, 69 Ill. 15.\nAn amendment of the bill states that the wrong done to the appellee \u201c was the result of a fraudulent collusion between Wolf and the appellants \u201d Tor the benefit of Wolf, and describes how he obtained the benefit; and both the original bill and amendment state divers irregularities in the proceedings by which the judgment was obtained.\nSuch irregularities give the appellee no standing in equity. Gibbons v. Bressler, 61 Ill. 130. If they were such as to affect the jurisdiction of the court, he had his remedy by writ of error. Dennison v. Taylor, 142 Ill. 45; Dennison v. Blumenthal, 37 Ill. App. 385.\nAs to the charge of fraudulent collusion, no facts are alleged. \u201c Fraud must be shown by the allegation of facts from which it is the necessary or probable inference. Fraud can not be made out by the profuse interpolation of adjectives, characterizing acts alleged to be done as fraudulently done.\u201d Fowler v. Loomis, 37 Ill. App. 363.\nA demurrer to the bill was overruled and a decree entered that the appellee pay the appellants $28, and they enjoined from enforcing the judgment.\nThis is error. The decree is reversed and the cause remanded, with directions to the Superior Court to dissolve the injunction and dismiss the bill at the costs of the appellee. Reversed and remanded with directions.\nMb. Justice \"Waterman dissents.", "type": "majority", "author": "Mr. Justice Gary delivered" } ], "attorneys": [ "Wolseley & Heath, attorneys for appellants.", "Goldzier & Rodgers, attorneys for appellee." ], "corrections": "", "head_matter": "Emil Calman, Gustav B. Calman and Charles Calman v. Henry Stuckart.\n1. Equity\u2014Relief Against Judgments.\u2014The failure of persons agreeing to defend a suit to keep their agreement gives rise to no equity in favor of the defendant in such suit, the neglect of such persons is the neglect o\u00a3 the defendant, and a court of equity will not interfere with the collection of a judgment against him.\n2. Same\u2014Power Over Erroneous Judgments.\u2014A court of equity will not set aside an. erroneous judgment which is not void. It is not the business of a court of equity to correct errors of courts of law.\n3. Fraud\u2014How Shown.\u2014Fraud must be shown by the allegation of facts from which it is a necessary or probable inference; it can not be made out by the profuse use of adjectives, characterizing acts alleged to have been done, as fraudulently done.\nBill, to enjoin the collection of a judgment. Appeal from the Superior Court of Cook Comity; the. Hon. John Barton Payne, Judge, presiding.\nHeard in this court at the March term, 1897.\nReversed and remanded with directions.\nMr. Justice Waterman dissenting.\nOpinion filed June 14, 1897,\nWolseley & Heath, attorneys for appellants.\nBefore a bill can be maintained to set aside a judgment to which there was a good defense at law, known to the defendant at the time it was rendered, it must clearly appear that the enforcement of the judgment would be unjust and against conscience, and moreover, that the defendant was prevented from making his defense to the action in which the judgment was obtained by fraud, mistake, accident or surprise without laches, negligence or default on Ms part or those representing him. Clark v. Ewing et al., 93 Ill. 572; Bay et al. v. Cook, 31 Ill. 336; Vennum v. Davis et al., 35 Ill. 568; Kern v. Strausberger et al., 71 Ill. 413; Allen v. Smith et al., 72 Ill. 331; Weaver v. Poyer et al., 70 Ill. 567; Smith et al. v. Powell et al., 50 Ill. 21; Walker v. Shreve et al., 87 Ill. 474.\nGoldzier & Rodgers, attorneys for appellee." }, "file_name": "0310-01", "first_page_order": 310, "last_page_order": 313 }