Northwestern Benevolent & Mutual Aid Ass'n v. Primm

Citations

• 124 Ill. 100
• 16 N.E. 98
• 1888 Ill. LEXIS 941

Syllabus

<p>1. Continuance—want of diligence.. The only excuse for having taken no steps to procure the attendance of witnesses in a case, or for not having taken their depositions, was an agreement to take depositions before a stenographer, and have him write out the testimony without being signed by the witnesses. The affidavit showed that after the testimony of several witnesses had been so taken, plaintiff's attorney refused to proceed further until the pleas were filed. The defendant failed to file pleas until required by rule of court, in term time, and took no steps to take further depositions, by notice or otherwise: Held, that there was no such diligence as entitled the defendant to a continuance under the statute.</p> <p>2. Same—absence of counsel. On application for a continuance, one of the counsel filed an affidavit showing that he was the only one of those associated in the case familiar with the facts, that the case was a complicated one, and that he was engaged as counsel in another court, in a case of great importance, set for the same time, which it would take two days to try. The court refused to continue, but set the case for trial on a day subsequent to his engagement in the other court, on which day another motion for a continuance was made, which was also denied, and the cause tried two days later: Held, that the applications for continuance were properly refused.</p>