Walsh v. Walsh

Citations

• 114 Ill. 655
• 3 N.E. 437

Syllabus

<p>1. New trial—absence of counsel—negligence. On account of the sickness of defendant’s counsel, the cause in which he was employed was set at the foot of the September calendar by consent, and after the death of the counsel so employed, the defendant employed other counsel in February following, who, supposing the cause was placed at the foot of the February calendar, in which case it would not be called for trial at that term, so informed the defendant, and directed him to wait for notice, and while such attorney was absent trying a cause in another county, the case was tried, and a verdict rendered against the defendant, and the court refused to set aside the verdict and allow a new trial: Held, that as the defendant was chargeable with some negligence, it could not be said the court abused its discretion in refusing to open the case and allow a new trial.</p> <p>2. Practice in the Superior Court of Cook county—hearing before different judges in the same case. A'cause being called for trial in the Superior Court of Cook county, the presiding judge transferred the same into the branch of that court held by another judge, where it was tried, and a motion made by the defendant to set aside the verdict and allow him to defend. The judge of the branch court refused to consider the motion in respect to the regularity of the call in the other court and of the transfer, and directed the parties to appear before the other judge in respect to that matter, who overruled the motion.in respect to the matters in his court, and on a further hearing the judge to whom the cause had been transferred, overruled the motion on the merits: Held, that there was no error in each judge passing upon so much of the proceeding as took place before him, and in the final overruling of the motion by the judge who tried the case.</p> <p>3. Practice—of a second trial while a former verdict is still standing. In 1881 a verdict was rendered in a cause in favor of the plaintiff, and afterward, in