Opinion
Gen. No. 44,194. (Abstract of Decision.)
Opinion filed November 16, 1948 Released for publication December 2, 1948
CONTINUANCES, § 1 — discretion of judge. Where counsel for defendant, when forcible detainer proceeding was called for trial in municipal court, requested a continuance on ground that defendant was ill but did not present an affidavit in accordance with court rules, and trial judge was apprised by plaintiff's counsel that defendant had been seen leaving his apartment that morning in apparent good health, denial of motion was within judge's discretion.
See Callaghan's Illinois Digest, same topic and section number.
Appeal from the Municipal Court of Chicago; the Hon. JOSEPH B. HERMES, Judge, presiding.
Judgment affirmed. Heard in the second division, first district, this court at the October term, 1947.
McCarthy, Witry, Lyon McCarthy, for appellant;
Emmett J. McCarthy, George R. Lyon and Gregory J. Scheurich, of counsel;
Emil Rissman, for appellee;
Harold L. Lipton, of counsel.
Not to be published in full. Opinion filed November 16, 1948; released for publication December 2, 1948.