Lockhart v. Wolf

Citations

• 82 Ill. 37

Syllabus

<p>1. Continuance—party's attorney may make affidavit. It is no valid objection to an affidavit for a continuance, that it is made by the defendant’s attorney, where the defendant is a non-resident, and there is no personal service on him.</p> <p>2. Same—less diligence required, when there is no actual service. Where there is no personal service of process on the defendant in attachment, and a copy of the notice is not mailed to him, and lie learns of the pendency of the suit too late to take depositions to prove facts material on the defense, the court should grant him a continuance. The same degree of diligence will not be required as in case of personal service.</p> <p>3. Set-off — of executions. If one party assigns a judgment in his favor to a third person, who has no notice of the defendant’s equities and rights, the assignee will be protected, and, in such case, the defendant can not set-off any subsequent recovery by him, against the same.</p>