Hazen & Lundy v. Pierson & Co.

Citations

• 83 Ill. 241

Syllabus

<p>1. Practice—trial without Similiter. The similiter to a negative plea can be added by the defendant if he chooses, and there is no error in proceeding to trial without it. Going to trial without objection is a waiver of the right to insist upon its being added.</p> <p>2. Same—-postponement of trial for absence of party. Where a defendant is summoned, it is his duty to be present when his case is called for trial, in its order, without further notice; and an affidavit for a postponement of the trial on account of his absence, which shows no just reason for his absence, and fails to show that there are any facts that can be proved by him which can not be by other witnesses, is wholly insufficient.</p> <p>3. WTiere a postponement of a trial was asked until a certain hour, to procure the attendance of the defendants as witnesses in their own behalf, and refused, and the trial extended beyond the hour, and one of the defendants arrived after the hour and testified, it was held no error in refusing the request.</p> <p>4. Secondary evidence—loss of original must be shown. There is no error in refusing parol evidence of the contents of a letter, when the preliminary proof does not clearly show it is either lost or destroyed, and not in the power of the party to produce it.</p> <p>5. Error will not always reverse. Where a verdict is authorized by the evidence and any other would be unwarranted, a judgment on it will not be disturbed for error in the instructions.</p>