Duncan, Sheehan & Co. v. Niles
This text of 32 Ill. 541 (Duncan, Sheehan & Co. v. Niles) is published on Counsel Stack Legal Research, covering Illinois Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
This application is made under the act of
May 3d, 1861 (Sess. acts, 26), which declares that it shall be a sufficient cause for a continuance, on motion of the defendant, if it shall be shown, to the .satisfaction of the court, that the defendant is in the military service of the United States, or of this State, and that his presence is in any degree necessary for a fall and fair defense of the suit. The affidavit in this case is insufficient. The court must be satisfied, upon the facts set forth, that the presence of the defendant is, in some degree, necessary; the mere statement in the affidavit that his presence is necessary, will not suffice.
Motion denied.
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