Legal Opinion

Cook v. Norwood

Illinois Supreme Court

Decided May 10, 1883PublishedCited by 2 opinions

Appeal from the Appellate Court for the First District; —heard in that court on appeal from the Superior Court of Cook county; the Hon. Sidney Smith, Judge, presiding.

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Appeal from the Appellate Court for the First District; —heard in that court on appeal from the Superior Court of Cook county; the Hon. Sidney Smith, Judge, presiding. This was an action brought in the Superior Court of Cook county by Elizabeth J. Norwood, against Carlos A. Cook, upon a promissory note executed by said Cook, as follows: “$2500. Chicago, March 31, 1881. “Ninety days after date I promise to pay to the order of Lawrence & Martin twenty-five hundred dollars, at 106 Dear-born street, Chicago. Value received. C. A. Cook & Co. ” The declaration alleged an assignment b'efore…

1Opinion of the CourtJustice Sheldon

The several rulings of the Superior Court are assigned for error.

The court did not err in refusing a continuance. The affidavit for a continuance was insufficient, in not showing the use of due diligence to obtain the testimony of the witness. The ease had been pending since July 19, 1881, there had been one trial on February 6, 1882, and the cause had been on the-trial calendar since April 3, 1882. Had a subpoena been served in time, the witness, perhaps, would not have absented himself, or his deposition might have been taken. See Eames v. Hennessy, 22 Ill. 629.

There was no error in…

2Cited by2 opinions

  1. Mann v. Merchants' Loan & Trust Co.Appellate Court of Illinois · 1902
  2. Johnston v. LoarAppellate Court of Illinois · 1908

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