Lee v. Quirk
Illinois Supreme Court
This was an action originally commenced before a justice of the peace by Quirk against Lee, for work and labor. A judgment was rendered by the justice against Lee, for $42.10, and he appealed to the Circuit Court.
Read the full summary
This was an action originally commenced before a justice of the peace by Quirk against Lee, for work and labor. A judgment was rendered by the justice against Lee, for $42.10, and he appealed to the Circuit Court. At the January term, 1857, of the Bureau Circuit Court, Lee moved the court to continue the cause, and in support of the motion read an affidavit, in which he swore that one Andrew Brown was a material witness for him; that he (Brown) had gone to Iowa for a temporary purpose, some four or five weeks before, and was expected to return in a short time; that Lee did not know that the…
1Opinion of the CourtBreese, J.
The affidavit for a continuance of this cause was insufficient. It does not state the residence of the witness, neither positively nor by any fair inference. This is indispensable, as connected with his identification, and diligence in obtaining his attendance.
The plaintiff, on the facts shown, should not have been permitted to testify, for the reason, that he did not take the preliminary oath required by the statute. 1. He did not make affidavit that he had a claim or demand against the defendant. 2. He does not show, in the affidavit, that he had no witness or other legal testimony to…
2Cited by11 opinions
- Crowell v. PeopleIllinois Supreme Court · 1901
- Shaw v. CampIllinois Supreme Court · 1896
- Stone v. Chicago, M. & St. P. Ry. Co.South Dakota Supreme Court · 1892
- Lovell v. Sny Island Levee Drainage DistrictIllinois Supreme Court · 1895
- Benavides v. StateCourt of Criminal Appeals of Texas · 1892
6 more not listed; retrieve them via the Exa API.