Peoria & Rock Island Railway Co. v. Mitchell

Citations

• 74 Ill. 394

Syllabus

<p>1. Practice — change of venue. An application for a change of venue should be made at the earliest opportunity, and where a party, knowing all the time of the ground relied upon for a change of venue, delays making his motion until towards the latter end of the term of court, and no reason is shown why the motion was not made on the first day of the term, a change of venue will not be granted.</p> <p>2. Same — setting aside default discretiona/ry. Setting aside a default is a matter of discretion that this court will not control except in extreme cases, and where it is manifest the discretion has been abused to the great wrong and injury of the party complaining.</p> <p>3. Judgment — when sufficiently definite and certain. A judgment against a railroad company, on an appeal from an assessment of damages for land taken by it, which refers to the verdict wherein the land taken is properly described, is sufficiently definite and certain, as to the land for the taking of which the judgment is rendered.</p> <p>4. Execution — when shoxdd be awarded. Where the verdict of a jury, on an appeal in a case of assessment of damages for land condemned by a railroad company, finds that the land has been taken by the company, and not merely that it is proposed to be taken, it is proper to award execution on the judgment.</p>