Gaynor v. Crandall, Rasch & Co.
Appellate Court of Illinois
Appeal from the Superior Court of Cook County; the Hon. Elliott Anthony, Judge, presiding. Judgment having been entered in the court below against appellant, she upon the same day moved that the same be set aside and a new trial granted. This motion the court denied.
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Appeal from the Superior Court of Cook County; the Hon. Elliott Anthony, Judge, presiding. Judgment having been entered in the court below against appellant, she upon the same day moved that the same be set aside and a new trial granted. This motion the court denied. Appellant by affidavits showed that at the time of the trial she was so ill as to be unable to leave her house; that her attorneys were so informed, and expected, when the case was called for trial, to present affidavits showing such facts to the court and obtain a continuance of the cause; that being on Saturday informed by her…
1Opinion of the Court
"Waterman,, P. J.
It is to be regretted that any cause should be disposed of as this was in the absence of the defendant, who claimed to have and expected to make a defense thereto.
In one respect appellant failed, indeed made no attempt to do what it was her duty to have done. She seems at least as early as Saturday, if not the previous Wednesday, to have known that she, a necessary witness, would lie unable to be present on Monday. As soon as she became aware of this she ought at once to have notified the plaintiff. It is the duty of a party who does not expect to be ready for trial, and who…
2Cited by1 opinion
- Dornan v. BuckleyAppellate Court of Illinois · 1905