Hahn v. Huber

Citations

• 83 Ill. 243

Syllabus

<p>1. Error—that works no injury. If there be error, in the reference of a cause to a master, to take evidence in a suit to foreclose a deed of trust, as to the notice to be given, and he only reports the notes and deed of trust, and the decree is entered upon them regardless of the report, the decree will not be reversed, as the error worked no harm.</p> <p>2. Chancery practice — referring issue to a jury. A motion, in a chancery suit to foreclose a mortgage, to submit a question of fact, as, the insanity of the mortgagor, to a jury, upon such allegation in an unsworn answer, without any affidavit of the-fact, is properly refused. An affidavit is necessary to entitle a party to have an issue so tried.</p> <p>3. Same—postponing hearing, discretionary. A motion to postpone the hearing of a suit in chancery for a few days, is addressed to the discretion of the chancellor, and its exercise will not be interfered with, unless the discretion has been abused.</p> <p>4. Continuance—when no diligence is shown. An application for the continuance of a suit in chancery, where the cause is set for hearing, is properly overruled where the affidavit show's no diligence in preparing for the hearing.</p> <p>5. Party in chancery—party in interest. A bill to foreclose a mortgage or deed of trust may be brought in the name of the real owner of the note secured.</p>