{
  "id": 2463216,
  "name": "Peter Sears, appellant, v. Zebina Sears, appellee",
  "name_abbreviation": "Sears v. Sears",
  "decision_date": "1846-12",
  "docket_number": "",
  "first_page": "47",
  "last_page": "48",
  "citations": [
    {
      "type": "nominative",
      "cite": "3 Gilm. 47"
    },
    {
      "type": "official",
      "cite": "8 Ill. 47"
    }
  ],
  "court": {
    "name_abbreviation": "Ill.",
    "id": 8772,
    "name": "Illinois Supreme Court"
  },
  "jurisdiction": {
    "id": 29,
    "name_long": "Illinois",
    "name": "Ill."
  },
  "cites_to": [],
  "analysis": {
    "cardinality": 157,
    "char_count": 2667,
    "ocr_confidence": 0.704,
    "sha256": "8f41f8ab39535ba1996daf6588b74727ca8b47b81ca431c8615f7a86e1c71743",
    "simhash": "1:dcf65e79da9a8f3d",
    "word_count": 456
  },
  "last_updated": "2023-07-14T21:07:50.920067+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "Peter Sears, appellant, v. Zebina Sears, appellee."
    ],
    "opinions": [
      {
        "text": "The Opinion \u00f3f the Court was delivered by\nTreat, J.\nThis action was tried in the Circuit Court, and a verdict returned in favor of the plaintiff for $256-58. A new trial was demanded. Subsequently, the following order was entered of record:\n\u201c Zebina Sears v. Peter Sears. Assumpsit. This day came the parties by their attorneys, and after argument it is ordered by the Court, that the defendant\u2019s motion for a new trial be overruled, and that the plaintiff have judgment and execution against the defendant for two hundred and fifty six dollars and fifty eight cents, his damages aforesaid, together with his costs herein.\u201d\nAn appeal was taken by the defendant. The only assignment of error relied on is, that the Circuit Court erred in awarding an execution against the defendant without rendering a judgment on the finding of the jury. This cannot be sustained. There is a valid judgment on the verdict; it may not be technically expressed, but is substantially good.\nThe judgment of the Circuit Court is affirmed with costs.\nJudgment affirmed.\nJustice Young was absent, &c.",
        "type": "majority",
        "author": "Treat, J."
      }
    ],
    "attorneys": [
      "O. Peters, for the appellant.",
      "I. G. Wilson, and W. B. Plato, for the appellee."
    ],
    "corrections": "",
    "head_matter": "Peter Sears, appellant, v. Zebina Sears, appellee.\nAppeal from Kane.\nA. sued B. and the cause was tried by a jury, who rendered a verdict for A. A motion for a new trial was made and overrule'd, and the following order entertd, to wit: \u201cZebina Sears v. Peter Sears. Assumpsit. This day came the parties by their attorneys, and after argument it is ordered by the Court, that the delendant\u2019s motion for a new trial be overruled, and that the plaintiff have judgment and execution against the defendant for two hundred and fifty six dollars and fifty eight cents, his damages aforesaid, together with his costs herein.\u201d On error being assigned, that the Court erred in awarding execution against the defendant without rendering a judgment on the finding of the jury, it was held that there was a valid judgment on the verdict, and that the judgment was substantially good.\nAssumpsit in the Kane Circuit Court, brought by the appellee against the appellant, and heard at the October term 1845, before the Hon. JohnD. \"Cat\u00f3n and a jury\u00bb ' Verdict and judgment for the plaintiff below for $256-58. A motion for a new trial waS made and overruled, and the defendant prosecuted an appeal in this Court.\nO. Peters, for the appellant.\nI. G. Wilson, and W. B. Plato, for the appellee.\nThe second error, which is the only one relied on by the appellant, is not well taken. The judgment is substantially, if not technically, correct. Comyn\u2019s Dig., title \u201cJudgment,\u201d 741-2. But'even if it be informal, this Court will render such judgment as should have been rendered on the verdict in the Court below."
  },
  "file_name": "0047-01",
  "first_page_order": 59,
  "last_page_order": 60
}