{
  "id": 2652984,
  "name": "Henry Cobb v. The People, for use, etc.",
  "name_abbreviation": "Cobb v. People",
  "decision_date": "1877-01",
  "docket_number": "",
  "first_page": "511",
  "last_page": "512",
  "citations": [
    {
      "type": "official",
      "cite": "84 Ill. 511"
    }
  ],
  "court": {
    "name_abbreviation": "Ill.",
    "id": 8772,
    "name": "Illinois Supreme Court"
  },
  "jurisdiction": {
    "id": 29,
    "name_long": "Illinois",
    "name": "Ill."
  },
  "cites_to": [
    {
      "cite": "81 Ill. 506",
      "category": "reporters:state",
      "reporter": "Ill.",
      "case_ids": [
        2672877
      ],
      "opinion_index": 0,
      "case_paths": [
        "/ill/81/0506-01"
      ]
    }
  ],
  "analysis": {
    "cardinality": 153,
    "char_count": 1867,
    "ocr_confidence": 0.52,
    "pagerank": {
      "raw": 1.0025539520943812e-07,
      "percentile": 0.539287039514659
    },
    "sha256": "bb923acf33c8dff513869fa8d3d0ffd84f5994a1a7827d4c02627d7df41b7d72",
    "simhash": "1:b0b491492b38c390",
    "word_count": 340
  },
  "last_updated": "2023-07-14T15:17:00.226499+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "Henry Cobb v. The People, for use, etc."
    ],
    "opinions": [
      {
        "text": "Per Curiam:\nIn a suit upon a bond executed under the 5th section of the \u201c Dram Shop Act,\u201d exemplary damages can not be recovered, but actual damages only, and such as the party, for whose use the suit is brought, may sustain, either in person, property or means of support.\nUnder section 9,\u2014and under which section most actions against dram shop keepers are brought,\u2014such damages may be recovered, if actual damages shall be proved. It was error, \u2022therefore, to instruct the jury, in an action of debt on the bond, exemplary damages might be given.\n' It is objected, this cause was not tried by the judge of the court, but, by consent of parties, was tried by a member of the bar. the judge doing nothing more than rendering the judgment.\nWe have said, in other cases like this, that counsel can not clothe a person with judicial power to be exercised in this mode, and we adhere to what has been said on this point. Hoagland v. Creed, 81 Ill. 506, and Bishop v. Nelson, 83 ib. 601.\nFor these reasons, the judgment is reversed and the cause remanded.\nJudgment reversed.",
        "type": "majority",
        "author": "Per Curiam:"
      }
    ],
    "attorneys": [
      "Messrs. Hamilton* & Bice, for the appellant.",
      "Mr. Wm. A. G-rimshaw, and Mr. J. W. Johns o\u00edr, for the appellees."
    ],
    "corrections": "",
    "head_matter": "Henry Cobb v. The People, for use, etc.\n1. Dram Shop Act\u2014suit on bond executed under\u2014exemplary damages. In a suit upon a bond executed under the 5th section of the Dram Shop Act, exemplary damages can not be recovered, but only such actual damages as the party for whose use the suit is brought may sustain, either in person, property or means of support.\n2. Judicial power\u2014can not be conferred on member of fheba/r. A member of the bar can not, even by consent of parties, exercise judicial powers; and where it appears that a cause was tried by a member of the bar, the judgment will be reversed.\nAppeal from the Circuit Court of Pike county; the Hon. C. L. Higbee, Judge, presiding.\nMessrs. Hamilton* & Bice, for the appellant.\nMr. Wm. A. G-rimshaw, and Mr. J. W. Johns o\u00edr, for the appellees."
  },
  "file_name": "0511-01",
  "first_page_order": 511,
  "last_page_order": 512
}