Jarvis v. Shacklock

Citations

• 60 Ill. 378

Syllabus

<p>1. Continúakce — absent witness. It is not error to refuse a continuance -where the affidavit fails to. state that the party has no other than the absent witness by whom he could prove the facts relied on by the party.</p> <p>2. Same — illness of counsel. Where a case was called, and passed because of the illness of counsel, and nearly three weeks afterwards the case was again called for trial and a motion was made for a continuance by defendant because his counsel was sick, and the court can see that a fair trial would be prevented by illness of counsel, the case should be continued; but where there are no questions of law, but simply a question of fact, and the evidence is in a small compass, and another attorney could be readily informed of the character of the case, and the defendant was himself au attorney,,it is not error to refuse a continuance.</p>