Freeman v. Tinsley
Illinois Supreme Court
' Appeal from the Circuit Court of Clinton county; the Hon. í.TSilas 1. Bryan, Judge, presiding. ‘ ‘ i This-was an action for slander, commenced hy the appellee, against the appellant, in the Circuit Court of Marion county. The cause was removed into the Circuit Court of Clinton county by change of venue, where a trial resulted in a verdict for the plaintiff below for $2,500. The defendant thereupon took this appeal.
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' Appeal from the Circuit Court of Clinton county; the Hon. í.TSilas 1. Bryan, Judge, presiding. ‘ ‘ i This-was an action for slander, commenced hy the appellee, against the appellant, in the Circuit Court of Marion county. The cause was removed into the Circuit Court of Clinton county by change of venue, where a trial resulted in a verdict for the plaintiff below for $2,500. The defendant thereupon took this appeal. The opinion of the court contains a sufficient statement of the case, for a proper understanding of the questions decided.
1Opinion of the CourtJustice Walker
It is first urged, that the court erred in refusing to grant a continuance of the cause. The motion was based upon the affidavit of appellant. It states that appellant can prove by one Gray, who was in the penitentiary, facts material to his defense, under the issues; that the facts came to his knowledge from Gray, but a few days before court convened, and too late to take his deposition; that appellant expected to be able to procure Gray’s deposition by the next term of court. The practice is rigid in requiring an affidavit for a continuance to clearly and unequivocally show diligence on the…
2Cited by4 opinions
- Flagg v. RobertsIllinois Supreme Court · 1873
- Gibson v. Cincinnati EnquirerU.S. Circuit Court for the District of Southern Ohio · 1877
- Corning v. DollmeyerAppellate Court of Illinois · 1905
- Brunk v. HuthmacherAppellate Court of Illinois · 1911