{
  "id": 871122,
  "name": "J. W. Byers v. E. A. Humphrey",
  "name_abbreviation": "Byers v. Humphrey",
  "decision_date": "1901-07-23",
  "docket_number": "",
  "first_page": "202",
  "last_page": "203",
  "citations": [
    {
      "type": "official",
      "cite": "96 Ill. App. 202"
    }
  ],
  "court": {
    "name_abbreviation": "Ill. App. Ct.",
    "id": 8837,
    "name": "Illinois Appellate Court"
  },
  "jurisdiction": {
    "id": 29,
    "name_long": "Illinois",
    "name": "Ill."
  },
  "cites_to": [
    {
      "cite": "88 Ill. App. 344",
      "category": "reporters:state",
      "reporter": "Ill. App.",
      "case_ids": [
        5279566
      ],
      "opinion_index": 0,
      "case_paths": [
        "/ill-app/88/0344-01"
      ]
    }
  ],
  "analysis": {
    "cardinality": 137,
    "char_count": 2055,
    "ocr_confidence": 0.549,
    "pagerank": {
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    "sha256": "b9586cda24a79c81e197a9c2deb05274c6f827020df5981b342fdc601f0affa7",
    "simhash": "1:e547c07d1c3b25d8",
    "word_count": 361
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  "last_updated": "2023-07-14T17:02:30.133382+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "J. W. Byers v. E. A. Humphrey."
    ],
    "opinions": [
      {
        "text": "Mr. Presiding Justice Shepard\ndelivered the opinion of the court.\nThe defendant in error recovered a judgment against the plaintiff in error in a suit before a justice of the peace. The plaintiff in error took an appeal to the Superior Court, and at the same time of filing his appeal bond, the justice\u2019s transcript was filed. A supersedeas thereupon was issued on the same day, and was served, the day following, on the justice.\nAt a subsequent term the case was called in the Superior Court, and in the absence of the plaintiff in error, on the motion of the defendant in error, the appeal was dismissed at the costs of the plaintiff in error. The defendant in error had never been summoned, and had not entered his appearance in the Superior Court until the making of such motion.\nThe court was without jurisdiction to dismiss the appeal or make any order in the\" case adversely to either party, without his consent, until the defendant in error had been summoned or entered bis appearance ten days before the commencement of the term at which the order was entered. Bridge and Structural Iron Workers\u2019 Union v. Sigmund, 88 Ill. App. 344.\nThe judgment that was rendered dismissing the appeal was void for want of jurisdiction in the Superior Court to render it, and it is reversed and the cause remanded.",
        "type": "majority",
        "author": "Mr. Presiding Justice Shepard"
      }
    ],
    "attorneys": [
      "J. M. H. Burgett, attorney for plaintiff in error.",
      "No appearance by defendant in error."
    ],
    "corrections": "",
    "head_matter": "J. W. Byers v. E. A. Humphrey.\nI. Practice\u2014On Appeals from Justices.\u2014Where an appeal from a justice is taken by filing a bond in the court to which the appeal is taken, such court is without jurisdiction to dismiss the appeal or to make any order in the case adversely to either party, without his consent, until the appellee has been summoned or entered his appearance ten days before the commencement of the term at which such action is had.\nAssumpsit.\u2014Error to the Superior Court of Cook County; the Hon. Jonas Hutchinson, Judge, presiding.\nHeard in the Branch Appellate Court at the October term, 1900.\nReversed and remanded.\nOpinion filed July 23, 1901.\nJ. M. H. Burgett, attorney for plaintiff in error.\nNo appearance by defendant in error."
  },
  "file_name": "0202-01",
  "first_page_order": 224,
  "last_page_order": 225
}