Culver v. Colehour

Citations

• 115 Ill. 558
• 5 N.E. 89

Syllabus

<p>1. Practice—postponement of trial on account of attendance of counsel in another court. A requirement that to obtain a postponement of the hearing of a cause on the day set for that purpose, on account of the attendance of counsel in another court, it is not sufficient to show that the attorney in the case was expecting a case to be called in another court, but that it must be shown that he was at the time actually engaged in the trial of the other case, is a most reasonable one.</p> <p>2. ■ So where a case was set for hearing two months in advance, without objection, and on the day so fixed, a defendant, an attorney in the case, being absent and in attendance upon the United States Circuit Court, to resist a motion for an injunction expected-to come up for hearing in that court, and the cause being postponed for several times, and he was absent when it was heard, and it appeared that he had ample time -in which to make arrangements for other counsel in the one case or the other, but did not, it was held, no error to hear the case in the State court in his absence, and to refuse a motion for a rehearing.</p> <p>3. Eight of trial by jury—on petition to restore lost record. On a proceeding under the statute to restore a part of a lost record, the defendant is not entitled to a trial by jury, it not being a case in which the right to such a trial existed at common law.</p>