Kelly v. Downs
Illinois Supreme Court
These were two actions of assumpsit, commenced in the Superior Court of Chicago, by the appellees against the appellants on promissory notes, on the 9th day of October, 1860. The proceedings in each case, from their commencement to their conclusion, were the same. The declarations were filed on the 26th of October, 1860. . The plea of the general issue and notice of set-off) with affidavit of merits, were filed, and issue was joined.
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These were two actions of assumpsit, commenced in the Superior Court of Chicago, by the appellees against the appellants on promissory notes, on the 9th day of October, 1860. The proceedings in each case, from their commencement to their conclusion, were the same. The declarations were filed on the 26th of October, 1860. . The plea of the general issue and notice of set-off) with affidavit of merits, were filed, and issue was joined. On the 8th day of October, 1861, just before the cases were called for trial “ on the regular call of the docket,” a petition for a change of venue was filed in…
1Opinion of the CourtBreese, J.
We are well satisfied the court below decided correctly, in denying the motion for a change of venue. It was within the province of that court to determine, that one day was not reasonable notice for an application of that nature, and in deciding that it would not look beyond the matters contained in the petition for the change, and that supplementary affidavits to cure defects in the petition could not be received. The notice of the application for a change of venue was given about the time the cause was called for trial, and the petition states that the causes rendering a change necessary,…
2Cited by3 opinions
- Bryson v. CrawfordIllinois Supreme Court · 1873
- Kinzell v. PayneNorth Dakota Supreme Court · 1934
- Thomas Pressed Brick Co. v. FowlerAppellate Court of Illinois · 1901