McKee v. Ludwig
Illinois Supreme Court
This cause originated before M. Jones, sheriff of the county of Coles, and was a • trial of the right of property, in which the said George W. McKee was claimant, and William C. Ludwig, Jesse S. Kneedler, and William R. Hamlin, were plaintiffs in execution, when a trial was had and a verdict rendered against the said claimant, and in favor of the said defendants ; from this judgment appeal was taken, and bond filed on the 15th of September, 1860, by which the cause was…
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This cause originated before M. Jones, sheriff of the county of Coles, and was a • trial of the right of property, in which the said George W. McKee was claimant, and William C. Ludwig, Jesse S. Kneedler, and William R. Hamlin, were plaintiffs in execution, when a trial was had and a verdict rendered against the said claimant, and in favor of the said defendants ; from this judgment appeal was taken, and bond filed on the 15th of September, 1860, by which the cause was removed by the said plaintiff or claimant, into the Coles Circuit Court for trial. Summons issued to appellants, hut not…
1Opinion of the CourtCaton, C. J.
It is unnecessary for us to determine whether the affidavit for a continuance was sufficient under the statute or not. After the order for the continuance had once been granted, and the claimant allowed to depart, supposing that the cause was disposed of for the term, he was entitled to reasonable notice before setting aside that order, and proceeding to take a default for his non-appearance. The court therefore erred in setting aside the continuance, and allowing the claimant to be called without such notice.
The judgment is reversed, and the cause remanded.
Judgment reversed.
2Cited by7 opinions
- Mattoon v. HinkleyIllinois Supreme Court · 1864
- Reynolds v. AnspachAppellate Court of Illinois · 1883
- Newell v. ClodfelterAppellate Court of Illinois · 1878
- Niehoff v. PeopleAppellate Court of Illinois · 1896
- Carroll, Schendorf & Boenicke, Inc. v. HastingsAppellate Court of Illinois · 1931
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