Allen v. Downing
Illinois Supreme Court
This was an action of debts upon a promissory note. Issue was joined upon the allegations in the defendants’ plea, that the plaintiff agreed with the defendants, that the note was not to be paid, until satisfaction should be entered of record upon a certain mortgage mentioned in the plea, and that there was an understanding and agreement that the plaintiff should cause James Lemon to enter satisfaction upon said mortgage ; and that the note was given in consideration of such…
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This was an action of debts upon a promissory note. Issue was joined upon the allegations in the defendants’ plea, that the plaintiff agreed with the defendants, that the note was not to be paid, until satisfaction should be entered of record upon a certain mortgage mentioned in the plea, and that there was an understanding and agreement that the plaintiff should cause James Lemon to enter satisfaction upon said mortgage ; and that the note was given in consideration of such agreement. At the March term, an informal verdict was rendered by the jury, by consent, and the cause continued. At the…
1Opinion of the CourtSmith, Justice
We are of opinion that the facts disclosed on the application for a continuance of the cause, under the peculiar circumstances disclosed by the application, should have induced the Circuit Court to continue the cause.
If the attendance of the witness could not have been procured, on account of the illness of the son of the witness, who was stated, in the deposition of the party, to be at the point of death, then the service of a subpoena in time, would have most probably been of no utility ; — and as the presence of the witness could not reasonably be expected under such circumstances, whether…
2Cited by1 opinion
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