{
  "id": 5282550,
  "name": "Louise Wiemerslage v. Johann Zulk",
  "name_abbreviation": "Wiemerslage v. Zulk",
  "decision_date": "1900-11-08",
  "docket_number": "",
  "first_page": "574",
  "last_page": "575",
  "citations": [
    {
      "type": "official",
      "cite": "91 Ill. App. 574"
    }
  ],
  "court": {
    "name_abbreviation": "Ill. App. Ct.",
    "id": 8837,
    "name": "Illinois Appellate Court"
  },
  "jurisdiction": {
    "id": 29,
    "name_long": "Illinois",
    "name": "Ill."
  },
  "cites_to": [
    {
      "cite": "33 Ill. App. 20",
      "category": "reporters:state",
      "reporter": "Ill. App.",
      "case_ids": [
        4987783
      ],
      "opinion_index": 0,
      "case_paths": [
        "/ill-app/33/0020-01"
      ]
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    {
      "cite": "12 Ill. App. 141",
      "category": "reporters:state",
      "reporter": "Ill. App.",
      "case_ids": [
        4857318
      ],
      "opinion_index": 0,
      "case_paths": [
        "/ill-app/12/0141-01"
      ]
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  "analysis": {
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  "last_updated": "2023-07-14T17:41:55.439964+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "Louise Wiemerslage v. Johann Zulk."
    ],
    "opinions": [
      {
        "text": "Mr. Presiding Justice Shepard\ndelivered the opinion of the court.\nThis was a proceeding by distress for rent. We may assume that a case under the distraint proceedings was not made out. But even though such'be conceded, we are unable to find in the record any reason why the case should have been taken from the jury by a peremptory instruction at the close of plaintiff\u2019s case, to find the issue for the defendant, appellee. Our statutes provide that proceedings in distress cases, after the filing with the justice of the copy of the distress warrant and inventory, and issuance of summons, shall \u201c proceed in the same manner as in case of attachment,\u201d and that if the plaintiff succeed, \u201c judgment shall be given in his favor for the amount which shall appear to be due him,\u201d and that if defendant has been served with process or appears to the action, such general judgment \u201c shall have the same force and effect as in suits commenced by summons,\u201d etc. (Sections 20, 22 and 23, Ch. 80 R. S., entitled Landlord and Tenant.) Here the appellee personally appeared and defended on the merits. Appellant was entitled to have a general judgment against appellee if anything was due her. Holley v. Metcalf, 12 Ill. App. 141; Poppers v. Meager, 33 Ill. App. 20.\nIt does not appear upon what theory the trial court excluded evidence of the amount of rent that was due from appellee to the appellant, and took the case from the jury. It may be that because a case was not made that would sustain the distress levy, the court thought that no general judgment could be had.\nBut the statutes seem to provide for just such a case. The judgment will have to be reversed and the cause remanded.",
        "type": "majority",
        "author": "Mr. Presiding Justice Shepard"
      }
    ],
    "attorneys": [
      "Samuel J. Howe, attorney for appellant.",
      "Arnold Heap, attorney for appellee."
    ],
    "corrections": "",
    "head_matter": "Louise Wiemerslage v. Johann Zulk.\n1. Practice\u2014In Cases of Distress for Rent.\u2014The practice in cases of distress for rent in justices\u2019 courts, after filing the copy of the distress warrant and inventory, and issuance of summons, is the same as in cases of attachment; if the plaintiff succeeds, judgment is to be given in his favor for the amount of rent due him, and if the defendant has been served with process or appears to the action, such judgment is to have the same force and effect as in suits commenced by summons.\nDistress for Bent.\u2014Appeal from the Superior Court of Cook County. Heard in the Branch Appellate Court at the October term, 1899,\nReversed and remanded.\nOpinion filed November 8, 1900.\nSamuel J. Howe, attorney for appellant.\nArnold Heap, attorney for appellee."
  },
  "file_name": "0574-01",
  "first_page_order": 600,
  "last_page_order": 601
}