McKee v. Ludwig

Decided January 15, 1862

Illinois Supreme Court · decided 1862-01-15

This cause originated before M. Jones, sheriff of the county of Coles, and was a • trial of the right of property, in which the said George W. McKee was claimant, and William C. Ludwig, Jesse S. Kneedler, and William R. Hamlin, were plaintiffs in execution, when a trial was had and a verdict rendered against the said claimant, and in favor of the said defendants ; from this judgment appeal was taken, and bond filed on the 15th of September, 1860, by which the cause was…

Good law ✅— No negative treatment on recordhow we know

Decided 1862-01-15

How this case has been cited

Cited by 7 later decisions — most recently December 1935

7 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

View the full empirical analysis of this case →

Caton, C. J.

¶1It 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.

¶2The judgment is reversed, and the cause remanded.

¶3Judgment reversed.