Harrison v. Chipp
Illinois Supreme Court
The petition in this case is as follows: “John Chipp, the defendant in the above entitled cause, and petitioner herein, being first duly sworn, deposes and says, that on or about the 28th day of April, A. D. 1860, he was served by summons to appear before Charles H. Barmm, Esq., a justice of the peace of the county of Cook, on the 5th day of May, A.D. 1860, at 10 o’clock a. m. of said day, to answer to a suit wherein Nathan B. Harrison was plaintiff, and this deponent was…
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The petition in this case is as follows: “John Chipp, the defendant in the above entitled cause, and petitioner herein, being first duly sworn, deposes and says, that on or about the 28th day of April, A. D. 1860, he was served by summons to appear before Charles H. Barmm, Esq., a justice of the peace of the county of Cook, on the 5th day of May, A.D. 1860, at 10 o’clock a. m. of said day, to answer to a suit wherein Nathan B. Harrison was plaintiff, and this deponent was defendant. Deponent further says, that said suit was brought by said Harrison to recover from him for his, the said…
1Opinion of the CourtWalker, J.
The first question presented by this record, is, whether the justice of the peace had the right, after hearing the evidence, to take the case under advisement. The statute has conferred the authority to continue a cause before a justice of the peace for the purpose of procuring evidence, but the mode is prescribed by the act itself. There is no provision of the statute authorizing a justice of the peace, after'the evidence is heard, to continue the cause for any purpose. And although before the evidence is heard, the parties may consent to a postponement of further proceedings until a time…
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