{
  "id": 5238113,
  "name": "John Kuttan, Sr., and Mary Kuttan v. J. Kasparek",
  "name_abbreviation": "Kuttan v. Kasparek",
  "decision_date": "1898-01-27",
  "docket_number": "",
  "first_page": "257",
  "last_page": "258",
  "citations": [
    {
      "type": "official",
      "cite": "73 Ill. App. 257"
    }
  ],
  "court": {
    "name_abbreviation": "Ill. App. Ct.",
    "id": 8837,
    "name": "Illinois Appellate Court"
  },
  "jurisdiction": {
    "id": 29,
    "name_long": "Illinois",
    "name": "Ill."
  },
  "cites_to": [],
  "analysis": {
    "cardinality": 169,
    "char_count": 2436,
    "ocr_confidence": 0.473,
    "sha256": "197f81c6945352969c26c8e6e8567e71bc5c379bd3cc3fe93bb765015bf1dda9",
    "simhash": "1:cf0366c15887d5d8",
    "word_count": 421
  },
  "last_updated": "2023-07-14T16:07:49.615974+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "John Kuttan, Sr., and Mary Kuttan v. J. Kasparek."
    ],
    "opinions": [
      {
        "text": "Mr. Justice Sears\ndelivered the opinion of the Court.-\nThis suit was pending in the County Court upon an appeal from a justice of the peace.\nUpon April 14, 1897, an order was entered by the County Court, passing the cause until April 16, 1897, \u201cprovided defendants pay plaintiff's attorneys herein $10 by ten o\u2019clock a. m., April 15, 1897.\u201d Upon April 15, 1897, the following order was-entered:\n\u201cThis cause being this day called for trial, come the parties in interest, by their attorneys respectively, and it appearing to the court that said defendants have failed to comply with the order of this court entered of record yesterday, requiring them to pay the sum of $10 to plaintiff\u2019s attorney, it is ordered by the court that the appeal herein be and is hereby dismissed, and that the plaintiff do have as damages for delay herein, ten per cent of the original judgment rendered in this cause in the court below. Judgment therefor and execution.\u201d\nTo the entry of which order appellant excepted.\nThe appeal was not dismissed for want of prosecution, and, while it may be that when the cause was reached upon April fourteenth it might have been so disposed of, if the appellant was not then prepared to prosecute his appeal, the court could not, upon the fifteenth, after the cause had been passed to' the sixteenth, dismiss the appeal because of the failure of appellant to pay $10 to appellee\u2019s attorneys for some purpose, doubtless a good one, but not disclosed by the record.\nThe judgment is reversed and the cause remanded.",
        "type": "majority",
        "author": "Mr. Justice Sears"
      }
    ],
    "attorneys": [
      "Fliehmann & Halik, attorneys for appellants.",
      "Ho appearance for appellee."
    ],
    "corrections": "",
    "head_matter": "John Kuttan, Sr., and Mary Kuttan v. J. Kasparek.\nPractice\u2014Dismissal of an Appeal for Failure to Comply With an Order Weld Improper.\u2014In a suit pending before a county court on appeal from a justice of the peace an order was entered by the court passing the cause until April 16, 1897, '\u2018provided defendants pay plaintiff's attorneys $10 by ten o\u2019clock a. m., April 15,1897.\u201d Held, that the court had no power on the fifteenth of April to dismiss the appeal after the cause had been passed to April 16 because of a failure of the defendants to pay $10 to plaintiff\u2019s attorneys as required by said orddr.\nTranscript, from a justice of the peace. Appeal from the County Court of Cook County; the Hon. Richard. Tates, Judge, presiding.\nHeard in this court at the October term, 1897.\nReversed and remanded.\nOpinion filed January 27, 1898.\nFliehmann & Halik, attorneys for appellants.\nHo appearance for appellee."
  },
  "file_name": "0257-01",
  "first_page_order": 257,
  "last_page_order": 258
}