Fisher v. Greene

Citations

• 95 Ill. 94
• 1880 Ill. LEXIS 152

Syllabus

<p>1. Practice—filing additional pleas. Where leave is asked to file additional pleas eighteen months after the issues have been made up, and on the eve of the trial, there will be no abuse of discretion or error in refusing the same, especially where no affidavit is filed showing a reasonable excuse for the delay.</p> <p>2. Where a defendant, after filing the general issue and a continuance of the cause has been had, discovers that he has a substantial defence not admissible under the general issue, he should at the earliest convenient day ask for special leave of the court to file an additional plea, so as not to take the plaintiff by surprise or delay the business of the court.</p> <p>3. Continuance—diligence to take deposition. Where due diligence has not been used to procure the deposition of a party or witness, a motion for a continuance, based on the fact that such deposition has not been returned, is properly overruled.</p> <p>4. Evidence—secondary. Where an original paper is in the hands of a third person residing out of the State, and he refuses to attach the same to his deposition when taken, and requested so to do, a sworn copy taken by another person present, who attaches such copy to his deposition, is admissible in evidence.</p>