Day v. Gelston
Illinois Supreme Court
G-elston filed his declaration in Peoria County Court against Lucius L, Day, Larkin B. Day and James T. Robinson. The declaration has one count, on a note dated November 25, 1856, for $1,281.90 at twelve months.
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G-elston filed his declaration in Peoria County Court against Lucius L, Day, Larkin B. Day and James T. Robinson. The declaration has one count, on a note dated November 25, 1856, for $1,281.90 at twelve months. Appellant filed three pleas. 1. General issue. 2. Payment. 3. That the note sued on was given for carpets, which at the time were represented and warranted, by appellee, to be sound and in good order, perfect in style and pattern; and that appellant relied on the warranty, and was thereby induced to purchase the carpets. That the carpets were unsound and rotten, damaged, torn, soiled,…
1Opinion of the CourtCaton, C. J.
L. B. Day, one of the defendants below, moved for a continuance of the cause on the ground that a material witness was absent who had promised to attend, but had not been subpoenaed. The court overruled the motion, and we think properly. If a party chooses to take the promise of a witness that he will attend, and on that account neglects to subpoena him, he has no right to ask a continuance on account of his non-attendance. If he will rely upon the promise, he must run the hazard of its being broken.
All three of the defendants were served with process. L. L. Day alone appeared and pleaded,…
2Cited by3 opinions
- Moore v. GoelitzIllinois Supreme Court · 1861
- Wiley v. SoutherlandIllinois Supreme Court · 1866
- Josephson v. SigfussonNorth Dakota Supreme Court · 1904