{
  "id": 5221279,
  "name": "Jesse French Piano and Organ Co. v. John Meehan",
  "name_abbreviation": "Jesse French Piano & Organ Co. v. Meehan",
  "decision_date": "1898-08-31",
  "docket_number": "",
  "first_page": "577",
  "last_page": "578",
  "citations": [
    {
      "type": "official",
      "cite": "77 Ill. App. 577"
    }
  ],
  "court": {
    "name_abbreviation": "Ill. App. Ct.",
    "id": 8837,
    "name": "Illinois Appellate Court"
  },
  "jurisdiction": {
    "id": 29,
    "name_long": "Illinois",
    "name": "Ill."
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      "cite": "116 Ill. 288",
      "category": "reporters:state",
      "reporter": "Ill.",
      "case_ids": [
        2885915
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      "case_paths": [
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    {
      "cite": "43 Ill. App. 363",
      "category": "reporters:state",
      "reporter": "Ill. App.",
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    {
      "cite": "28 Ill. 43",
      "category": "reporters:state",
      "reporter": "Ill.",
      "case_ids": [
        5204754
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      "opinion_index": 0,
      "case_paths": [
        "/ill/28/0043-01"
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  "last_updated": "2023-07-14T16:36:43.320990+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "Jesse French Piano and Organ Co. v. John Meehan."
    ],
    "opinions": [
      {
        "text": "Mr. Presiding Justice Creighton\ndelivered the opinion of the court.\nThis was an action of replevin by appellant against appellee to recover a piano. This suit was commenced before a justice of the peace in Madison county and appealed to the Circuit Court, where a jury was waived and the cause tried by the court by agreement, resulting in a finding and judgment for appellee.\nAppellant brings the case to this court, but fails to assign error.\n\u201cAn assignment of errors in this court performs the same office as a declaration in a court of record or original jurisdiction. It would be as regular and proper for a Circuit Court to render judgment in a case where there is no declaration, as for this court to affirm or reverse a judgment where there is no assignment of error.\u201d Williston v. Fisher, 28 Ill. 43; Conlon v. Manning, 43 Ill. App. 363.\n\u201c The failure to assign errors upon the record is not a mere form that will be considered waived if not objected to, but one of substance; and should the court, for instance, inadvertently reverse for error not assigned, it would feel compelled on motion to set aside its judgment.\u201d Ditch et al. v. Sennott et al., 116 Ill. 288; Lang v. Max, 50 Ill. App. 465.\nThe appeal will be dismissed at costs of appellant. Appeal dismissed.",
        "type": "majority",
        "author": "Mr. Presiding Justice Creighton"
      }
    ],
    "attorneys": [
      "Silas Cook, attorney for appellant.",
      "Burroughs & Brother, attorneys for appellee."
    ],
    "corrections": "",
    "head_matter": "Jesse French Piano and Organ Co. v. John Meehan.\n1. Appellate Court Practice\u2014Office of the Assignment of Errors.\u2014 An assignment of errors in the Appellate Court performs the same office as a declaration in a court of record of original jurisdiction. It would be as regular and proper for a Circuit Court to render judgment in a case where there is no declaration, as for the Appellate Court to reverse a judgment where there is no assignment of errors.\n2. Same\u2014Failure to Assign Errors.\u2014The failure to assign errors upon the record is not a mere form that will be considered waived if not objected to, but one of substance.\nReplevin.\u2014Trial in the Circuit Court of Madison County; the Hon. Martin W. Schaeffer, Judge, presiding; finding and judgment for plaintiff; appeal by defendant.\nHeard in this court at the February term, 1898.\nAffirmed for a failure to assign errors upon the record.\nOpinion filed August 31, 1898.\nSilas Cook, attorney for appellant.\nBurroughs & Brother, attorneys for appellee."
  },
  "file_name": "0577-01",
  "first_page_order": 579,
  "last_page_order": 580
}