Quincy Whig Co. v. Tillson

Citations

• 67 Ill. 351

Syllabus

<p>1. Continuance—diligence to procure witness. Where suit was brought to the March term of the circuit court, summons served on the 4th day of March, and the court convened on the 25th day of the same month, but the cause was not tried until the 5th of April, and the witnesses on account of whose absence a continuance was sought, resided in this State, only about one hundred and twenty miles distant, and the party took no steps to have their depositions taken or to procure their attendance, except telegraphing and writing to them to attend as witnesses: He Id, that no such diligence was shown as to entitle the party to a continuance.</p> <p>2. Where a continuance is sought on account of the absence of a party in interest whose testimony is desired, there must be shown something more than reasonable diligence to procure his attendance or deposition. In such a case a higher degree of diligence will be required than in ordinary cases.</p> <p>8. Same—counter affidavit not admitted. On an application for a continuance, counter affidavits can not be received and considered by the court; but where such an affidavit is heard, it will not be such an error as to reverse, if, independent of such affidavit, this court can see that the application was properly overruled.</p> <p>4. Evidence—not limited by plaintiff’« account filed with his declaration. Where the plaintiff sued for services, declaring in the common counts, and .filed with his declaration an account for services up to June 20,1870: Held, that his right to recover was not limited as to the time, by the account filed, it being no part of the declaration.</p> <p>5. Same—its admissibility tested by pleadings. Where the plaintiff declares in the common counts, and the Statute of Limitations is not pleaded, any evidence of indebtedness which may have become due prior to the day stated in the declaration, is admissible.</p>