Legal Opinion

Ault v. Rawson

Illinois Supreme Court

Decided June 15, 1853PublishedCited by 2 opinions

This was an action of assumpsit brought by Rawson against Ault in La Salle county Circuit Court, and tried June term, a. d. 1852, J. G. Wilson, presiding. 1st count. Common count for money paid, laid out, and expended; money had and received ; money lent and advanced. There was.but a single count to the declaration, to which was pleaded the general issue to which there was a joinder.

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This was an action of assumpsit brought by Rawson against Ault in La Salle county Circuit Court, and tried June term, a. d. 1852, J. G. Wilson, presiding. 1st count. Common count for money paid, laid out, and expended; money had and received ; money lent and advanced. There was.but a single count to the declaration, to which was pleaded the general issue to which there was a joinder. June term, a. n. 1853, defendant moves for a continuance upon the following affidavit: — “ J. O. Glover, attorney for defendant, William C. Ault, states1 on oath that this suit is brought to recover money alleged…

1Opinion of the Court

Catón, J.

The first complaint to be noticed is, that the court overruled the defendant’s motion for a continuance. That motion was founded on an affidavit of one of his attorneys, stating that the defendant had advised him of the facts to be proved in the defence, and that in his opinion they would constitute a defence to the action, but that he was not advised by what witnesses these facts were to be proved, and that the defendant was unable to attend at the trial by reason of sickness. This affidavit does not pretend to bring the case within the statute, entitling the party to a continuance…

2Cited by2 opinions

  1. Goodrich v. HansonIllinois Supreme Court · 1864
  2. Waarich v. WinterAppellate Court of Illinois · 1889

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