Peru Coal Co. v. Merrick

Citations

• 79 Ill. 112

Syllabus

<p>1. Change op venue—-jurisdiction of court to hear and determine motions. The statute allows the court to hear and determine applications for changes of venue at any time when in session, and it matters not whether the court is engaged in the criminal, the law or the chancery docket, it may grant or refuse such order.</p> <p>• 2. Where the act of the legislature under which a term of the circuit court was held, provided that the first two weeks of the term should be devoted to chancery business, the court had jurisdiction, during the first two weeks so set apart to chancery business, to hear and determine an application for a change of venue in an action at law.</p> <p>3. Continuance1—-second application for, at the same term, not based, upon new cause, will not be considered. It has never been the practice in this State for the court to entertain a second application for a continuance at the same term, unless the second application is based upon facts that have arisen after the first motion was overruled, and where a second application is made upon substantially the same grounds as the first, it should be overruled, although the facts stated in the affidavit are sufficient to authorize a continuance.* </p> <p>4. Evidence—as to transactions of plaintiff, in which defendant is not a pa/rty and in no way concerned. In a suit by an individual, against a corporation, for money alleged to be due from the defendant to the plaintiff, the defendant sought to prove that, before the organization of the corporation defendant, a contract was entered into between the plaintiff and his brother that they would advance equal amounts for the purchase of property and carrying on the business of the corporation; that they would purchase and hold stock in the corporation in equal amounts; that, if one advanced more than the other, the one advancing the lesser sum should pay to the other such sum as would make their advances equal, and that the money sued for was advances made by the