Opinion
Gen. No. 42,609. Abstract of Decision.
Opinion filed May 19, 1944.
APPEAL AND ERROR, § 1844 — when judgment will be affirmed notwithstanding absence of witness. Judgment for plaintiff affirmed in personal injury action, since trial court did not abuse its discretion in denying motion by defendant for the withdrawal of a juror and continuance or for the issuance of an attachment so that witness might be produced to testify for defendant, where record showed that the witness, who had been subpoenaed by both parties, was examined by plaintiff and cross-examined by defendant and was then excused as a witness, but was not told by anyone to remain in court or to* return to testify as a defense witness.
See Callaghan's Illinois Digest, same topic and section number.
Appeal from the Circuit Court of Cook county; the Hon. JOHN J. WALLACE, Judge, presiding.
Judgment affirmed. Heard in the third division, first district, this court at the April term, 1943.
Clausen, Hirsh Miller, for appellant.
Alan Gould and Samuel J. Baskin, for appellee.
Not to be published in full. Opinion filed May 19, 1944.