Hefling v. Van Zandt
Illinois Supreme Court
Appeal from the Appellate Court for the First District;—heard in that court on appeal from the Circuit Court of Cook county; the Hon. Francis Adams, Judge, presiding. ■ This was an action of assumpsit, brought by Gilbert Van Zandt, the appellee, against Fleming J. Hefling, the appellant, on a lease.
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Appeal from the Appellate Court for the First District;—heard in that court on appeal from the Circuit Court of Cook county; the Hon. Francis Adams, Judge, presiding. ■ This was an action of assumpsit, brought by Gilbert Van Zandt, the appellee, against Fleming J. Hefling, the appellant, on a lease. The summons was returnable on the third Monday of January, 1895, in the circuit court of Cook county, and was served upon appellant December 13, 1894. On February 8, 1895,—the last day for filing declarations for the February term,—appellee filed his declaration, with the affidavit of his agent,…
1Opinion of the CourtJustice Craig
It is claimed that the court erred in refusing to continue the cause on March 25, on application of the attorney of the defendant. The affidavit for a continuance was fatally defective in failing to state any facts which the affiant expected to prove by the defendant or any other absent witness. Nor did it show any diligence in preparing for trial, and the court could not do otherwise, under the law, than overrule the application.
It is next complained that the court erred in refusing to strike the cause from the short cause calendar, for the alleged reason the cause was not at issue when…
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