{
  "id": 2655153,
  "name": "Frederick C. Porter et al. v. Charles Triola",
  "name_abbreviation": "Porter v. Triola",
  "decision_date": "1876-09",
  "docket_number": "",
  "first_page": "325",
  "last_page": "327",
  "citations": [
    {
      "type": "official",
      "cite": "84 Ill. 325"
    }
  ],
  "court": {
    "name_abbreviation": "Ill.",
    "id": 8772,
    "name": "Illinois Supreme Court"
  },
  "jurisdiction": {
    "id": 29,
    "name_long": "Illinois",
    "name": "Ill."
  },
  "cites_to": [],
  "analysis": {
    "cardinality": 201,
    "char_count": 3101,
    "ocr_confidence": 0.535,
    "sha256": "18256064bf57c7bb1f1f727468e65f411bc2e39fcd5316d6050e0b1797fab50c",
    "simhash": "1:f5a1286859a5b42a",
    "word_count": 537
  },
  "last_updated": "2023-07-14T15:17:00.226499+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "Frederick C. Porter et al. v. Charles Triola."
    ],
    "opinions": [
      {
        "text": "Mr. Justice Dickey\ndelivered the opinion of the Court:\nThis was an action of trespass, by appellee, against appellants, for the taking of certain goods claimed by appellee, as a purchaser from certain debtors of appellants, and the defense set up by appellants questions the validity of the purchase by appellee, as against creditors of his vendors.\nIt is insisted by appellants, that the court below erred in overruling their motion for a continuance. The motion was not made until after the trial had begun. The ground presented was, the alleged sudden illness of appellants\u2019 attorney. The court below took a correct view of the subject, and ruled that the motion for continuance, after trial begun, came too late, suggesting that the remedy, if any, must be found in a motion for a new trial.\nAppellants also insist, that the court erred in refusing to grant a new trial.\nIt is insisted that the verdict is clearly against the weight of the evidence. \"We have carefully examined the evidence, and while, to some members of this court, it seems that'the verdict is not in accord with the weight of the evidence, still we are all of the opinion that it is not so clearly and palpably wrong as to authorize this court to reverse the judgment upon that ground.\nIt is insisted that a new trial ought to have been granted on account of the want of preparation for trial, on the part of appellants, resulting from the sudden illness of their attorney, who was not only prevented from attending the trial, but was prevented from producing important proofs, which appellants could not have produced without the presence of their attorney. It is said, in the brief of appellants\u2019 attorney, that this \u2018\u2018motion was' supported by the affidavits of appellant Porter and of his attorney.\u201d We have looked in the abstract of the record prepared by appellants for the contents of these affidavits, and find that the same are not set out. After resorting to the record, we find that these affidavits failed to show, affirmatively, that upon another trial appellants could make any better showing. In fact, it does not affirmatively and clearly appear that they were put to any real disadvantage at the trial which was had.\nThe judgment below is affirmed.\nJudgment affirmed.",
        "type": "majority",
        "author": "Mr. Justice Dickey"
      }
    ],
    "attorneys": [
      "Hr. Henry V. Freeman, for the appellants.",
      "Hr. Fred. L. Kimmey, for the appellee."
    ],
    "corrections": "",
    "head_matter": "Frederick C. Porter et al. v. Charles Triola.\n1. Practice\u2014motion for continuance arises too late after trial is begun. A motion for a continuance, after the commencement of a trial, on account of the sudden illness of the attorney of the party asking the continuance, comes too late. The remedy, if any, in such case, must be found in a motion for a new trial.\n2. New trial\u2014on account of sudden illness of attorney. A new tidal will not be granted on account of the sudden illness of the attorney of the party, unless it appears affirmatively, from the affidavits in support of the motion, that the party asking the new trial can, on another trial, make a better showing.\nAppeal from the Superior Court of Cook county; the Hon. Joseph E. Gary, Judge, presiding.\nHr. Henry V. Freeman, for the appellants.\nHr. Fred. L. Kimmey, for the appellee."
  },
  "file_name": "0325-01",
  "first_page_order": 325,
  "last_page_order": 327
}