{
  "id": 2469360,
  "name": "The People of the State of Illinois, Defendant in Error, vs. Herman Hardt et al., Plaintiffs in Error",
  "name_abbreviation": "People v. Hardt",
  "decision_date": "1946-11-20",
  "docket_number": "No. 29736",
  "first_page": "552",
  "last_page": "553",
  "citations": [
    {
      "type": "official",
      "cite": "395 Ill. 552"
    }
  ],
  "court": {
    "name_abbreviation": "Ill.",
    "id": 8772,
    "name": "Illinois Supreme Court"
  },
  "jurisdiction": {
    "id": 29,
    "name_long": "Illinois",
    "name": "Ill."
  },
  "cites_to": [
    {
      "cite": "372 Ill. 186",
      "category": "reporters:state",
      "reporter": "Ill.",
      "case_ids": [
        2527548
      ],
      "opinion_index": 0,
      "case_paths": [
        "/ill/372/0186-01"
      ]
    },
    {
      "cite": "370 Ill. 513",
      "category": "reporters:state",
      "reporter": "Ill.",
      "case_ids": [
        2561537
      ],
      "opinion_index": 0,
      "case_paths": [
        "/ill/370/0513-01"
      ]
    }
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    "simhash": "1:d5414faa362525b3",
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  "last_updated": "2023-07-14T21:07:04.557196+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "The People of the State of Illinois, Defendant in Error, vs. Herman Hardt et al., Plaintiffs in Error."
    ],
    "opinions": [
      {
        "text": "Mr. Justice Murphy\ndelivered the opinion of the court:\nAn indictment containing two counts returned in the criminal court of Cook county charged plaintiffs in error with having violated section 192 of division I of the Criminal Code. (Ill. Rev. Stat. 1945, chap. 38, par. 425.) . The damage alleged to have been committed to the building described was less than $15, so that the offense charged came under that part of the statute which made it a misdemeanor. The first count was dismissed on motion of the State\u2019s Attorney, and the court sustained plaintiffs in error\u2019s motion to quash the second count. Defendant in error sued a writ of error out of the Appellate Court to review the order quashing the second count. The Appellate Court reversed the order of the trial court and remanded the cause with directions to proceed in accordance with the views expressed in the opinion of that court. Plaintiffs in error then sued a writ of error out of this court to review the order of the Appellate Court.\nIn People v. McArdle, 370 Ill. 513, the facts were that the Appellate Court reversed a judgment of the circuit court which quashed an indictment. \u2019 The Appellate Court remanded the cause to the trial court with directions to set aside the order quashing the indictment and for further proceedings in accordance with the opinion of that court. The cause came to this court by writ of error to review the judgment of the Appellate Court. It was held that the judgment of the Appellate Court reversing the order of the trial court and remanding the cause with directions was not a final order which this court could take jurisdiction to review. Reference is made to the same principle in People v. Finkelstein, 372 Ill. 186. This court has no jurisdiction of this writ of error and it is dismissed.\nWrit of error dismissed.",
        "type": "majority",
        "author": "Mr. Justice Murphy"
      }
    ],
    "attorneys": [
      "Thomas J. Cavanagh, (Ode L. Rankin, and Robert G. Corbett, of counsel,) all of Chicago, for plaintiffs in error.",
      "George E. Barrett, Attorney General, and William J. Tuohy, State\u2019s Attorney, of Chicago, (Edward E. Wilson, John T. Gallagher, W. S. Miroslawski, Joseph A. Pope, and Melvin S. Rembe, all of Chicago, of counsel,) for the People. \u00ab"
    ],
    "corrections": "",
    "head_matter": "(No. 29736.\nThe People of the State of Illinois, Defendant in Error, vs. Herman Hardt et al., Plaintiffs in Error.\nOpinion filed November 20, 1946\n\u2014 Rehearing denied, Jan. 20, 1947.\nThomas J. Cavanagh, (Ode L. Rankin, and Robert G. Corbett, of counsel,) all of Chicago, for plaintiffs in error.\nGeorge E. Barrett, Attorney General, and William J. Tuohy, State\u2019s Attorney, of Chicago, (Edward E. Wilson, John T. Gallagher, W. S. Miroslawski, Joseph A. Pope, and Melvin S. Rembe, all of Chicago, of counsel,) for the People. \u00ab"
  },
  "file_name": "0552-01",
  "first_page_order": 552,
  "last_page_order": 553
}