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35 Ill. 55

Oliver v. Hart

Illinois Supreme Court

Decided April 15, 1864

Illinois Supreme Court · decided 1864-04-15

Wbits of Ebbob to the Circuit Court of Iroquois county; the Hon. Chables E. Stabe, Judge, presiding. Precisely the same question is presented in both these cases, not at all involving the merits of either. In one of the cases the suit was originally commenced by Hart against Oliver, before a justice of the peace in Livingston county, where Hart recovered a judgment, from which Oliver appealed to the Circuit Court of that county.

Decided 1864-04-15

Mr. Justice Breese

¶1delivered the opinion of the Court:

¶2It does not appear there was any agreement reduced to writing to postpone the trial of this cause to the second week. A mere verbal agreement to do so, the court was not hound to notice.

¶3If attorneys or parties violate such agreement, we know of no remedy. We are, however, free to say that the facts being brought to the notice of the court, would have fully justified the court in reinstating the cause. It was a matter of discretion, under the circumstances, and is not revisable in this court.

¶4The judgment must be affirmed.

¶5Judgment affirmed, ■

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