Ettinghausen v. Marx

Citations

• 86 Ill. 475

Syllabus

<p>1. Pkactice—in Gook county courts. Each judge does not hold a distinct and separate circuit court in Oook county, but the circuit court of that county consists of five judges, and any arrangement made regarding the trial of causes, between the judges themselves, ought not to be reviewed in this court without very strong reason.</p> <p>2. Where a cause, being within the call of the trial calendar, was, on December 20th, sent for trial by Judge Booth to Judge Rogers of the same court, when a trial was had without the defendant being present, and the defendant, two days after, moved to set aside the verdict, on affidavit that the cause was placed upon the docket of the first named judge in accordance with the rules and practice of the court, and stood there as No. 256, and that Judge Booth had previously ordered the call for that day should commence with No. 138, and from 250 to 264, inclusive, and that the trial of No. 138 commenced in the forenoon of that day and continued for several days, and that defendant had no knowledge of the transfer, the affidavit not denying the cause of action, held, that no sufficient cause was shown for setting aside the trial.</p>