Miller v. McGraw
Appellate Court of Illinois
Error to the Superior Court of Cook county; the Hon. Hollín S. Williamson, Judge, presiding. This was an action of assumpsit, the declaration consisting of one special count and the common counts.
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Error to the Superior Court of Cook county; the Hon. Hollín S. Williamson, Judge, presiding. This was an action of assumpsit, the declaration consisting of one special count and the common counts. The special count alleges that, on the 29th day of May, 1877, McGraw and Downey, the plaintiffs, were the owners of certain lots of land in Cook county, which, together with certain other lands, were then incumbered by a trust deed for §7,000, executed March 15, 1872, by Miller, the defendant, while he was the owner of the premises thus incumbered, said trust deed being given to secure the payment…
1Opinion of the CourtBailey, J.
There was no error in refusing the defendant a new trial. The grounds urged in support of the motion were, 1, that the defendant ivas taken by surprise; 2, that the judgment is unjust and oppressive, and 3, that the defendant has a. meritorious defense. As no portion of the evidence adduced at the trial is preserved in the record, none of the foregoing grounds appear except so far as they are shown by the affidavits filed in support of the motion.
A new trial will not be granted, because the trial was had in the absence of the defendant or his counsel, when such absence is attributable to his…
2Cases cited2 opinions
- Koon v. NicholsIllinois Supreme Court · 1877
- Edwards v. McKayIllinois Supreme Court · 1874