First National Bank v. Chicago Sanitary Rag Co., 201 Ill. App. 507 (1916)

Oct. 10, 1916 · Illinois Appellate Court · Gen. No. 21,601
201 Ill. App. 507

First National Bank of Allegan, Michigan, Defendant in Error, v. Chicago Sanitary Rag Company, Plaintiff in Error.

Gen. No. 21,601.

(Not to be reported in full.)

Abstract of the Decision.

Continuance, § 66 * —when refusal of motion for on ground of absence of material witness is harmless error. Refusal of the trial court to grant the defendant’s motion for a continuance on the *508ground oí the absence of a material witness, held not reversible error where the affidavit filed in support of the motion, though setting forth that the witness was an important witness for the defendant, that it had a good defense to the action as set forth in the affidavit of merits, that the witness could substantiate the allegations therein if he were present and that without his presence the defendant would be greatly prejudiced, did not set forth the particular facts to which such witness would testify if present at the trial, and did not show diligence on the part of the defendant to procure the attendance of such witness.

*507Error to the Municipal Court of Chicago; the Hon. Sheridan E. Fry, Judge, presiding. Heard in the Branch Appellate Court at the October term, 1915.

Affirmed.

Opinion filed October 10, 1916.

Statement of the Case.

Action by the First National Bank of Allegan, Michigan, plaintiff, against the Chicago Sanitary Bag Company, a corporation, defendant. To review a judgment for plaintiff, defendant prosecutes a writ of error.

Benjamin P. Ruekberg, for plaintiff in error.

Musgrave, Oppenheim & Lee, for defendant in error.

Mr. Justice McGoorty

delivered the opinion of the court.