Moore v. Goelitz
Illinois Supreme Court
This was an action of trespass by Goelitz againt Moore for assault and battery, tried at the Monroe Circuit Court. Pleas of the general issue and son assault demesne were filed, and issue joined. At the October term, 1859, judgment was rendered in favor of Goelitz for $600 and costs. The case is brought here by writ of error.
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This was an action of trespass by Goelitz againt Moore for assault and battery, tried at the Monroe Circuit Court. Pleas of the general issue and son assault demesne were filed, and issue joined. At the October term, 1859, judgment was rendered in favor of Goelitz for $600 and costs. The case is brought here by writ of error. Before the trial, Moore applied for a continuance, and filed an affidavit, setting forth, “ That Jacob Lavo was a material witness for him on the trial of his suit; that said witness resided in Georgetown, St. Clair county, in this State, and promised the affiant to be…
1Opinion of the CourtCaton, C. J.
The plaintiff in error complains, that his motion for a continuance was overruled. The feature that distinguishes this case from that of Day v. Gelston, 22 Ill. 102, is, that here the witness told the party, that he was subpoenaed by the opposite party, as a witness in the same cause; while in that case, the witness merely promised to attend without a subpoena. We there held that if a party would rely upon the promise of the witness to attend, he must run the hazard of having the promise violated. Nor is this case any better for the-party complaining. He had no right to appropriate the…
2Cases cited1 opinion
- Day v. GelstonIllinois Supreme Court · 1859
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