Slade v. McClure

Citations

• 76 Ill. 319

Syllabus

<p>1. Continuance—/or absence of witness. Where a cause had been once continued on account of the absence of the same witnesses, who were defendant’s partners, and had absconded, taking with them the partnership books, and the affidavit for the second continuance for the same cause presented such a state of circumstances as to reasonably shut out all hope of procuring the testimony of the witnesses: Held, no error in refusing the second application.</p> <p>2. New trial—on, ground of surprise. Where a motion for a new trial was based on the ground of surprise, occasioned by the testimony of a witness, it was held, that a new trial to enable the party to discredit the witness was properly denied.</p>