Walker v. Kretsinger

Citations

• 48 Ill. 502

Syllabus

<p>1. New trial—¡ill for—when granted. A court of equity will not award a new trial at law, where the defense is a legal one and the party could have made it in a suit against him, unless he was prevented after the use of all means he could reasonably employ had failed, when he had been diligent and not guilty of laches.</p> <p>2. Where two partners were sued and one of them spoke to attorneys to defend the suit, but gave them no facts nor the names of witnesses by whom to establish a defense, they were not in a position to defend the suit, and when that partner died, and the other partner gave the matter no attention, and judgment was rendered against him by default: Meld, that there was such a want of diligence and such laches as would prevent a court of equity from decreeing a new trial in such a case.</p>