Common v. People

Appellate Court of Illinois

Common v. People

28 Ill. App. 230, 1888 Ill. App. LEXIS 28

CourtAppellate Court of Illinois

DecidedDecember 8, 1888

StatusPublished

Cited by1 cases

This text of 28 Ill. App. 230 (Common v. People) is published on Counsel Stack Legal Research, covering Appellate Court of Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Common v. People, 28 Ill. App. 230, 1888 Ill. App. LEXIS 28 (Ill. Ct. App. 1888).

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Opinions

Upton, J.

We think the appellant showed due diligence in his endeavor to procure the testimony of the witnesses, in the affidavit named for the trial, and that the trial court should have granted appellant’s motion for a continuance, or conrpelied appellee to have admitted the affidavits under the statute. The evidence in our judgment was very material and could not have failed to have had an important influence with the jury on the trial of the' cause.

Under the facts in this record and circumstances shown, we think the trial court should have granted appellant’s motion for a new trial of the cause, and for these reasons, the judgment of the Circuit Court is reversed and the cause remanded for further proceedings.

Heversed cmd remanded.

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Upton, J.

We think the appellant showed due diligence in his endeavor to procure the testimony of the witnesses, in the affidavit named for the trial, and that the trial court should have granted appellant’s motion for a continuance, or conrpelied appellee to have admitted the affidavits under the statute. The evidence in our judgment was very material and could not have failed to have had an important influence with the jury on the trial of the' cause.

Under the facts in this record and circumstances shown, we think the trial court should have granted appellant’s motion for a new trial of the cause, and for these reasons, the judgment of the Circuit Court is reversed and the cause remanded for further proceedings.

Heversed cmd remanded.

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Bluebook (online)

28 Ill. App. 230, 1888 Ill. App. LEXIS 28, Counsel Stack Legal Research, https://law.counselstack.com/opinion/common-v-people-illappct-1888.

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