Singer Manufacturing Co. v. May

Citations

• 86 Ill. 398

Syllabus

<p>1. New trial—trial without party’s presence or knowledge. In order to entitle a party to have a verdict set aside and a new trial awarded, where the trial was had in his absence, but on the regular call, he must show that he exercised proper diligence to avoid the result, and it must also affirmatively appear that injustice has been done.</p> <p>2. An affidavit for a new trial, made by an agent of a corporation defendant, that he understood certain attorneys had charge of the case taken to the circuit court by appeal, without showing how he obtained such understanding, and which fails to state he or any other agent ever spoke to the attorneys to defend, or that any preparation for trial was made, the attorneys denying that they ever were employed, fails to show diligence, or any ground for giving a new trial.</p> <p>3. Appearance—presumption in appeal case. \Where an appeal case—the appeal being perfected before the justice—is placed upon\the trial calendar in the courts of Cook county, it will be presumed that the appellee, the plaintiff, entered his appearance ten days before the term, unless the bill of exceptions, taken on a motion to set aside a verdict on an ex parte trial, shows when it was entered.</p>