{
  "id": 2482368,
  "name": "Samuel S. Brooks and Murray McConnell, appellants v. The President and Trustees of the Town of Jacksonville, appellees",
  "name_abbreviation": "Brooks v. President of Jacksonville",
  "decision_date": "1839-07",
  "docket_number": "",
  "first_page": "568",
  "last_page": "568",
  "citations": [
    {
      "type": "nominative",
      "cite": "1 Scam. 568"
    },
    {
      "type": "official",
      "cite": "2 Ill. 568"
    }
  ],
  "court": {
    "name_abbreviation": "Ill.",
    "id": 8772,
    "name": "Illinois Supreme Court"
  },
  "jurisdiction": {
    "id": 29,
    "name_long": "Illinois",
    "name": "Ill."
  },
  "cites_to": [],
  "analysis": {
    "cardinality": 138,
    "char_count": 1766,
    "ocr_confidence": 0.657,
    "pagerank": {
      "raw": 2.3470660581412332e-07,
      "percentile": 0.792822670356457
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    "sha256": "a185e9f73541ba7498512c9b19068632b04b1a396e7341ab9c15b6440a7be995",
    "simhash": "1:76ebe501e03669a0",
    "word_count": 303
  },
  "last_updated": "2023-07-14T16:34:33.017060+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "Samuel S. Brooks and Murray McConnell, appellants v. The President and Trustees of the Town of Jacksonville, appellees."
    ],
    "opinions": [
      {
        "text": "Per Smith, Justice:\nThis cause must be decided upon first principles. If suit should be brought on this bond, the allegations could not be supported by proof.\nThis is not like the case of a variance between a judgment and an execution.\nThe appeal must be dismissed.\nAppeal dismissed.\nMcConnell thereupon moved the Court for leave to withdraw the transcript of the record, for the purpose of bringing a writ of error.\nPer Smith, Justice:\nThis motion must be denied. The transcript has become a part of the records of this Court, and cannot be withdrawn.\nMotion denied.\nVariances: Pearsons v. Lee, Ante 193; Felt v. Williams, Ante 206; Leidig v. Rawson, Ante 272; Hull v. Blaisdell et al., Ante 332; Peyton et al. v. Tappan, Ante 388; Linn v. Buckingham, Ante 451.",
        "type": "majority",
        "author": "Per Smith, Justice: Per Smith, Justice:"
      }
    ],
    "attorneys": [
      "Wm. Brown, for the appellees.",
      "M. McConnell, for the appellant."
    ],
    "corrections": "",
    "head_matter": "Samuel S. Brooks and Murray McConnell, appellants v. The President and Trustees of the Town of Jacksonville, appellees.\nAppeal from Morgan.\nOn appeal from the Circuit to the Supreme Court, a variance between the amount of the judgment appealed from, and the amount recited in the bond, is fatal, though the variance occurred through the mistake or inadvertence of the clerk of the Circuit Court.\nWhere an appeal is dismissed, the Court will not permit the transcript of the record to be withdrawn for the purpose of bringing a writ of error.\nIn this case judgment was rendered in the Morgan Circuit Court for $50 debt and $11,55 damages. In,the condition of the bond, the judgment was recited as for $61 and $50. The deputy-clerk who transcribed the record, made affidavit that he filled up the bond, and that the variance happened through his mistake and inadvertence.\nThe appellees moved to dismiss the appeal on account of the variance.\nWm. Brown, for the appellees.\nM. McConnell, for the appellant."
  },
  "file_name": "0568-01",
  "first_page_order": 568,
  "last_page_order": 568
}
