Counselman v. Sullivan

Appellate Court of Illinois

Counselman v. Sullivan

101 Ill. App. 307, 1902 Ill. App. LEXIS 610

Appellate Court of Illinois·Decided March 18, 1902·Published·Cited by 1 cases

Opinion

Mr. Justice Waterman

delivered the opinion of the court.

Section 70 (180) of Chapter 79, Hurd’s Edition, 1901, of the Be vised Statutes, clearly provides that in such a condition as existed in this case the cause shall, at the first teym. of the court, be continued.

The statute is, in this regard, hardly open to construction; it has, however, been passed upon by the Supreme Court in Stewart v. Peters, 33 Ill. 383, and Walter v. Bierman, 59 Ill. 186, and by the Appellate Court in Bourton v. Rathbone, 23 Ill. App. 654.

The judgment of the Circuit Court is reversed and the cause remanded.

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Mr. Justice Waterman

delivered the opinion of the court.

Section 70 (180) of Chapter 79, Hurd’s Edition, 1901, of the Be vised Statutes, clearly provides that in such a condition as existed in this case the cause shall, at the first teym. of the court, be continued.

The statute is, in this regard, hardly open to construction; it has, however, been passed upon by the Supreme Court in Stewart v. Peters, 33 Ill. 383, and Walter v. Bierman, 59 Ill. 186, and by the Appellate Court in Bourton v. Rathbone, 23 Ill. App. 654.

The judgment of the Circuit Court is reversed and the cause remanded.

Counselman v. Sullivan, 101 Ill. App. 307, 1902 Ill. App. LEXIS 610 (Ill. Ct. App. 1902).

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Opinion

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