Duncan, Sheehan & Co. v. Niles
Cases that cite this one
1 later published case cites this decision.
- Wicker v. Boynton (Ill. 1876)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
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.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.