Benton v. Marr

The plaintiff, Octavia Benton, recovered a judgment for $750 against the defendant in the superior court of Cook county. The action was for damages incident to an alleged assault and battery of the plaintiff by the defendant. The defendant traversed the averments of the complaint and filed a counter-claim, to which plaintiff replied. When the cause was reached for trial the parties appeared and selected a jury. On the following day the defendant filed a written motion asking for a short continuance in order to obtain the testimony of a witness who was not present and had not been subpoenaed.…