{
  "id": 5221197,
  "name": "William H. Donnerstag and Arthur Donnerstag v. Jacob Loewenthal, Adolph Loewenthal, Simon Loewenthal and Emil Loewenthal, Copartners as Jacob Loewenthal & Sons",
  "name_abbreviation": "Donnerstag v. Loewenthal",
  "decision_date": "1898-05-31",
  "docket_number": "",
  "first_page": "159",
  "last_page": "161",
  "citations": [
    {
      "type": "official",
      "cite": "77 Ill. App. 159"
    }
  ],
  "court": {
    "name_abbreviation": "Ill. App. Ct.",
    "id": 8837,
    "name": "Illinois Appellate Court"
  },
  "jurisdiction": {
    "id": 29,
    "name_long": "Illinois",
    "name": "Ill."
  },
  "cites_to": [],
  "analysis": {
    "cardinality": 226,
    "char_count": 3622,
    "ocr_confidence": 0.555,
    "pagerank": {
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      "percentile": 0.7647360907913936
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    "sha256": "2a3f7d55fcb317f2fcffdd6cc377a881eb30646a29096892274a8030ee01edcc",
    "simhash": "1:db331de444bb3e48",
    "word_count": 635
  },
  "last_updated": "2023-07-14T16:36:43.320990+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "William H. Donnerstag and Arthur Donnerstag v. Jacob Loewenthal, Adolph Loewenthal, Simon Loewenthal and Emil Loewenthal, Copartners as Jacob Loewenthal & Sons."
    ],
    "opinions": [
      {
        "text": "Mr. Justice Horton\ndelivered the opinion of the court.\nThis case was tried upon a call of the \u201c Short Cause Calendar.\u201d The only point as to which we express any opinion is as to whether the case was properly upon that calendar.\n.Sec. 97, Ch. 110, Starr & Curtis\u2019 Stat. of Ill., provides that \u201c Upon the plaintiff, his agent or attorney * * * filing an affidavit that he verily believes the trial of said suit will not occupy more than an hour\u2019s time, * * * said suit shall be placed by the clerk upon said short cause calendar.\u201d\nUnless such an affidavit is filed it is error to place a suit upon the short cause calendar and compel a party to the cause to proceed with a trial thereof against his objection. The record here shows that about four weeks before said cause was finally called for trial, the plaintiffs in error moved to strike it from said calendar, upon the ground that no original affidavit, such as is required by the statute, had been filed, and again made said motion, stating the same ground therefor, just prior to the trial.\nThe right to place a cause upon the short cause calendar and to proceed with the trial thereof, out of its order, according to the date of its commencement, depends entirely upon the filing of an affidavit as provided by the section of the statute above quoted.\nIt is stated in a written notice served by the attorney for the defendants- in error upon - the attorneys for the plaintiffs in error, that such an affidavit was made, and that a copy thereof was attached to said notice. That copy appears in the record. It is also stated in that notice that such affidavit \u201c was duly filed in said suit.\u201d' We have carefully examined the transcript in this case filed in this court, and such affidavit is not' there. It was not filed as stated. That fact was- distinctly brought to the attention of the attorney for plaintiffs in the trial court.\nThis case must be tried again, and we do not, therefore, \u25a0 wish to be understood as expressing any opinion as to the merits. From the record now before us, however, it seems as though the plaintiffs below' should recover, and we dislike to reverse. But if an attorney does not file the original of the affidavit required by the statute, and persists in' pressing a case for trial upon a call of the short cause calendar after notice by motion that only a copy of suctv affidavit (if there ever was an original) has been filed, he must not complain if the judgment he obtained can not be sustained.\nThe judgment of the Superior Court is reversed and the cause remanded.",
        "type": "majority",
        "author": "Mr. Justice Horton"
      }
    ],
    "attorneys": [
      "Bulkley, Gray & More, attorneys for plaintiffs in error.",
      "William J. Fox, attorney for defendants in error."
    ],
    "corrections": "",
    "head_matter": "William H. Donnerstag and Arthur Donnerstag v. Jacob Loewenthal, Adolph Loewenthal, Simon Loewenthal and Emil Loewenthal, Copartners as Jacob Loewenthal & Sons.\n1. Short Cause Calendar\u2014Affidavit Must Be Filed.\u2014Unless the affidavit required by See. 97, Ch. 110, R. S. (Hurd\u2019s Statute, 1898, page 1219), is tiled, it is error to place a suit upon the short cause calendar and compel a party to proceed with the trial against his objection.\n3. Same\u2014Upon What the Right to Place a Case on the Short Cause Calendar Depends.\u2014The right to place a case upon a short cause calendar and proceed with the trial, out of its order, depends entirely upon the filing of the affidavit as provided by the statute.\nAssumpsit, for goods sold and delivered. Error to Superior Court, Cook County; the Hon. Theodore Brentano, Judge, presiding.\nHeard\nin the Branch Appellate Court of the First District at the October term, 1897.\nReversed and remanded.\nOpinion filed May 31, 1898.\nBulkley, Gray & More, attorneys for plaintiffs in error.\nWilliam J. Fox, attorney for defendants in error."
  },
  "file_name": "0159-01",
  "first_page_order": 161,
  "last_page_order": 163
}