John S. Metcalf Co. v. Nystedt~

The motion of defendant for a continuance, based upon affidavits setting up the absence of the foreman, Royea, was properly overruled. These affidavits state many facts to which the witness, if present, would testify, some of which are material and others are not; and then they assert that such witness is the only one who can swear “to all the facts herein set out.” Non constat, other witnesses were present by whom all of those facts which were material to the issue could have been shown. Jarvis v. Shacklock, 60 Ill. 378.

The special findings presented by appellant were properly refused. The…