Rockford Insurance v. Nelson

Citations

• 75 Ill. 548

Syllabus

<p>1. Change of venue — trial at same term cause is docketed. Where a change of venue was taken in a suit on March 25, and the papers were received by the clerk of the court to which the cause was sent, on May 5, following, and docketed May 9, it was held no error to proceed to the trial of the cause at the May term of the court to which the cause was sent, as the party taking the change had ample time from March 25 in which to make all needful preparation for trial.</p> <p>2. Continuance. Where an application for a continuance fails to show the exercise of due diligence to procure testimony, there is no error in denying it.</p> <p>3. Jury—mode of selecting and summoning. Where the time had expired for which the petit jurors had been summoned, before the business of the term was completed, and a new jury was drawn in the mode required by the statute, and summoned, except that they were not summoned twenty days before court, it was held no error to overrule a challenge to the array on this ground. Cases will occur where courts must resort to their inherent powers as recognized at common law, in the selection of jurors.</p> <p>4. Instructions — should not be too prolix or argumentative. This court has often adverted to the practice of making the instructions too prolix and voluminous and making them an argument of the case, as improper and tending to confuse and mislead the jury, and not conducive to the ends of justice.</p> <p>5. Insurance—misstatement of title in application. Where a woman, not versed in legal terms, when applied to by an agent of an insurance company to take a policy of insurance upon her house, etc., stated the facts relating to her title to the property, and the agent wrote in the application that she had a fee simple title, when she had not, and also put other statements therein, he well knowing the facts, to enable himself to obtain the premium, it was held, that the fact that such statements were not true, under such circumstances ought not to