Hearson v. Graudine

Citations

• 87 Ill. 115

Syllabus

<p>1. Judicial notice—courts in Chicago. The Supreme Court will take judicial notice of the fact that a number of courts of original jurisdiction are held in the city of Chicago in as many different rooms.</p> <p>2. Evidence—declaration of payee of note as to time of assignment. In an action upon a promissory note by an assignee, upon the question whether the assignment was before or after the maturity of the note, the mere declaration of the payee tending to show when the assignment was in fact made, would not be competent evidence to overcome the presumption that the plaintiff obtained the note before maturity.</p> <p>3. Practice—vacating judgment and granting new trial at subsequent term. The entry of á motion for a new trial during the term at which a judgment has been entered will operate to stay the final judgment until the motion can be heard by the court, and it. makes no difference whether the motion shall be considered and determined at that or some subsequent term.</p> <p>4. Practice in Superior Court of Cook county—trial of causes in the absence of counsel. A rule of the Superior Court of Cook county provided that if, on the calling of a cause for trial, the principal attorney was actually engaged in the trial of a cause in another court, the case might be passed for the time, provided the party asking the delay be shown to have used due diligence in preparing for trial, and, if the delay was sought by the defendant, that it should also appear by affidavit that he had a meritorious defense, setting forth what it was. This rule is so construed that a party was allowed to come in and make his defense after the cause had been tried and judgment rendered against him while his counsel was engaged in another court, without having shown diligence or a meritorious defense, at the time the delay was sought, it appearing subsequently, however, on an application for a new trial, that the party had a meritorious defense, and was guilty of no fault himself in respect