McKee v. Ludwig

Illinois Supreme Court

McKee v. Ludwig

30 Ill. 28

CourtIllinois Supreme Court

DecidedJanuary 15, 1862

StatusPublished

Cited by7 cases

This text of 30 Ill. 28 (McKee v. Ludwig) 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.

Bluebook

McKee v. Ludwig, 30 Ill. 28 (Ill. 1862).

Pincite

Opinion

Caton, C. J.

It is unnecessary for us to determine whether the affidavit for a continuance was sufficient under the statute or not. After the order for the continuance had once been granted, and the claimant allowed to depart, supposing that the cause was disposed of for the term, he was entitled to reasonable notice before setting aside that order, and proceeding to take a default for his non-appearance. The court therefore erred in setting aside the continuance, and allowing the claimant to be called without such notice.

The judgment is reversed, and the cause remanded.

Judgment reversed.

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Caton, C. J.

It is unnecessary for us to determine whether the affidavit for a continuance was sufficient under the statute or not. After the order for the continuance had once been granted, and the claimant allowed to depart, supposing that the cause was disposed of for the term, he was entitled to reasonable notice before setting aside that order, and proceeding to take a default for his non-appearance. The court therefore erred in setting aside the continuance, and allowing the claimant to be called without such notice.

The judgment is reversed, and the cause remanded.

Judgment reversed.

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Bluebook (online)

30 Ill. 28, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mckee-v-ludwig-ill-1862.

Opinion

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