{
  "id": 443573,
  "name": "John A. Metcalf, Appellant, v. Moses S. Edmiston et al., Appellees",
  "name_abbreviation": "Metcalf v. Edmiston",
  "decision_date": "1861-01",
  "docket_number": "",
  "first_page": "392",
  "last_page": "393",
  "citations": [
    {
      "type": "official",
      "cite": "25 Ill. 392"
    }
  ],
  "court": {
    "name_abbreviation": "Ill.",
    "id": 8772,
    "name": "Illinois Supreme Court"
  },
  "jurisdiction": {
    "id": 29,
    "name_long": "Illinois",
    "name": "Ill."
  },
  "cites_to": [],
  "analysis": {
    "cardinality": 149,
    "char_count": 2053,
    "ocr_confidence": 0.616,
    "pagerank": {
      "raw": 6.309552338795212e-08,
      "percentile": 0.38821993096894836
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    "sha256": "05c28047a37b93f87a82e4b77b7585bd8e083e0e84b26329f402f5d53f11e33f",
    "simhash": "1:aeb6433661bf2710",
    "word_count": 358
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  "last_updated": "2023-07-14T17:06:49.902665+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "John A. Metcalf, Appellant, v. Moses S. Edmiston et al., Appellees."
    ],
    "opinions": [
      {
        "text": "Caton, C. J.\nThe answer to the bill of discovery was not offered in evidence, and is not in the bill of exceptions, and is not properly a part of this record.\nNo exception was taken to the decision of the court, admitting the railroad books in evidence, to show what hogs were shipped by rail, and consequently that decision cannot bo assigned for error. There was no error in admitting the deposition of Me Whinny in evidence. In our opinion, the evidence in the bill of exceptions fails to show that this note was given by Edmiston, for hogs purchased on joint account for himself and Kramer, or that Kramer was interested in the hogs purchased of the plaintiff, and the judgment must be affirmed.\nJudgment affirmed '.",
        "type": "majority",
        "author": "Caton, C. J."
      }
    ],
    "attorneys": [
      "A. Green, for Appellant.",
      "John P. Usher, for Appellees."
    ],
    "corrections": "",
    "head_matter": "John A. Metcalf, Appellant, v. Moses S. Edmiston et al., Appellees.\nAPPEAL FROM EDGAR.\nIf the answer to a bill of discovery is offered in evidence, it should be embodied in the bill of exceptions.\nIf exception is not taken, on the trial, to the introduction of evidence, error cannot he assigned for it.\nThis was an action of assumpsit, brought by John A. Metcalf against Edmiston and Kramer, to recover about $2,500 for hogs, sold and delivered to the defendants.\nThe declaration contains the common counts, to which the general issue is pleaded under oath.\nA jury was waived, and the case tried by the court.\nThe court rendered judgment for defendants for costs.\nThe plaintiff moved for a new trial, which was overruled, and an appeal taken to this court.\nThe following errors are assigned:\n1. The judgment of the court is contrary to the law and evidence.\n2. The court erred in admitting in evidence the books of the railroad company.\n3. The court erred in admitting the deposition of Me Whinny.\n4. The court erred in holding, that when one furnished the capital, another his labor and time, and divided profits, that it does not constitute a partnership.\n5. The court erred in deciding that the plaintiff could not recover against said defendants, under the common counts.\nA. Green, for Appellant.\nJohn P. Usher, for Appellees."
  },
  "file_name": "0392-01",
  "first_page_order": 398,
  "last_page_order": 399
}