{
  "id": 5317029,
  "name": "George W. Reed v. Daniel Horne",
  "name_abbreviation": "Reed v. Horne",
  "decision_date": "1874-09",
  "docket_number": "",
  "first_page": "598",
  "last_page": "599",
  "citations": [
    {
      "type": "official",
      "cite": "73 Ill. 598"
    }
  ],
  "court": {
    "name_abbreviation": "Ill.",
    "id": 8772,
    "name": "Illinois Supreme Court"
  },
  "jurisdiction": {
    "id": 29,
    "name_long": "Illinois",
    "name": "Ill."
  },
  "cites_to": [
    {
      "cite": "58 Ill. 290",
      "category": "reporters:state",
      "reporter": "Ill.",
      "case_ids": [
        5235447
      ],
      "opinion_index": 0,
      "case_paths": [
        "/ill/58/0290-01"
      ]
    }
  ],
  "analysis": {
    "cardinality": 168,
    "char_count": 1891,
    "ocr_confidence": 0.547,
    "pagerank": {
      "raw": 4.1170467342280176e-07,
      "percentile": 0.9102847308858547
    },
    "sha256": "1089a7dcc4440b43ab3a4fac02046cdd9559298e094c331664598bb14feb722e",
    "simhash": "1:413bb7c2099f36a0",
    "word_count": 344
  },
  "last_updated": "2023-07-14T20:27:08.421353+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "George W. Reed v. Daniel Horne."
    ],
    "opinions": [
      {
        "text": "Mr. Justice Scott\ndelivered the opinion of the Court:\nThe errors assigned are, the Superior Court erred in striking the plea from the files for want of an affidavit of merits, and in reference to and assessing damages by the court. It is suggested in argument, the plea was stricken out of the record upon the supposition the act concerning the practice of the courts of Cook county, of February 12, 1853, which required the defendant in all civil actions to file with his plea an affidavit of merits, wa.s still in force. The record contains no bill of exceptions, and we can not know the ground of the decision by the court.\nIt is fatal to the objection taken, that neither the motion nor any exception to the decision of the court striking out the plea is preserved by a bill of exceptions, as required by the rules of practice in this court. Such motions do not become a part of the record unless made so by means of a bill of exceptions. The rule on this subject was declared in Snell v. M. E. Church, 58 Ill. 290, and that case is conclusive of the same question in the case at bar.\n\u00a1Neither party asked to have the damages assessed by a jury, and in such cases the statute expressly authorizes the court to make the assessment. Gross\u2019 Statutes, p. 512, sec. 23.\n\u00a1No error appearing, the judgment must be affirmed.\nJudgment affirmed.",
        "type": "majority",
        "author": "Mr. Justice Scott"
      }
    ],
    "attorneys": [
      "Mr. J. H. Kmowltoe, for the plaintiff in error."
    ],
    "corrections": "",
    "head_matter": "George W. Reed v. Daniel Horne.\n1. Bill op exceptions\u2014when necessary. Where a plea is stricken from the flies on motion, both the motion and exceptions to the decision of the court thereon should be preserved by bill of exceptions, as they can not otherwise become a part of the record.\n2. Assessing damages. On default, where neither party asks for a jury, it is proper for the court to assess damages.\nWeit of Eeeoe to the Superior Court of Coolc county; the Hon. William A. Postee, Judge, presiding.\nMr. J. H. Kmowltoe, for the plaintiff in error."
  },
  "file_name": "0598-01",
  "first_page_order": 598,
  "last_page_order": 599
}