Citations
- 50 Ill. 497
Full opinion text
Mr. Justice Walker
delivered the opinion of the Court:
It is first urged, that the court erred in refusing to grant a continuance of the cause. The motion was based upon the affidavit of appellant. It states that appellant can prove by one Gray, who was in the penitentiary, facts material to his defense, under the issues; that the facts came to his knowledge from Gray, but a few days before court convened, and too late to take his deposition; that appellant expected to be able to procure Gray’s deposition by the next term of court. The practice is rigid in requiring an affidavit for a continuance to clearly and unequivocally show diligence on the part of the person who asks it. Loose, vague and uncertain averments as to the evidence intended to be produced, or the diligence employed for its attainment, are not held sufficient on such applications. In this case, the affidavit only states that appellant learned the facts by letter from Gray, on the day named. He does n