{
  "id": 5280593,
  "name": "Charles McDonnell, Appellant, v. William Harter, for the use, etc., Appellee",
  "name_abbreviation": "McDonnell v. Harter",
  "decision_date": "1859-04",
  "docket_number": "",
  "first_page": "28",
  "last_page": "29",
  "citations": [
    {
      "type": "official",
      "cite": "22 Ill. 28"
    }
  ],
  "court": {
    "name_abbreviation": "Ill.",
    "id": 8772,
    "name": "Illinois Supreme Court"
  },
  "jurisdiction": {
    "id": 29,
    "name_long": "Illinois",
    "name": "Ill."
  },
  "cites_to": [],
  "analysis": {
    "cardinality": 119,
    "char_count": 1430,
    "ocr_confidence": 0.572,
    "pagerank": {
      "raw": 6.953181076708474e-08,
      "percentile": 0.42157148930304433
    },
    "sha256": "10cff356604e3e7738e79210b9ebb035e8063f79e3a8c90392dd015c387b254e",
    "simhash": "1:8169aee0aec6a5ff",
    "word_count": 259
  },
  "last_updated": "2023-07-14T21:18:21.625654+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "Charles McDonnell, Appellant, v. William Harter, for the use, etc., Appellee."
    ],
    "opinions": [
      {
        "text": "Caton, C. J.\nThe plea of the general issue was regularly filed, and was never stricken from the files. On this state of the record the court assessed the damages as if upon a default. If the affidavit of merits, which was filed with the general issue, was insufficient, the plea should have been stricken from the files. While it remained it was a bar to the action, till tried by a jury, or by the court with the consent of the parties in place of a jury, and found to be untrue. There was no such trial, nor indeed was there any issue formed on this plea. It stands upon the record as a simple naked bar to the action. The judgment must be reversed and the cause remanded.\nJudgment reversed.",
        "type": "majority",
        "author": "Caton, C. J."
      }
    ],
    "attorneys": [
      "W. H. L. Wallace, and Thomas Dent, for Appellant.",
      "J. W. Chickering, and Shumway, Waite & Towne, for Appellee."
    ],
    "corrections": "",
    "head_matter": "Charles McDonnell, Appellant, v. William Harter, for the use, etc., Appellee.\nAPPEAL FROM COOK COUNTY COURT OF COMMON PLEAS.\nThe Common Pleas should not assess damages, as if by default, while a plea of the general issue is on file, though verified by an insufficient affidavit. The plea should first be struck from the files.\nThis was an action of assumpsit. There was a plea of the general issue filed. The affidavit of merits to the plea, states that defendant had a good defense on the merits, except as to $458 of plaintiff\u2019s demand. The court, with this plea on file, entered a default, and gave judgment for plaintiff.\nW. H. L. Wallace, and Thomas Dent, for Appellant.\nJ. W. Chickering, and Shumway, Waite & Towne, for Appellee."
  },
  "file_name": "0028-01",
  "first_page_order": 30,
  "last_page_order": 31
}