Case Details

Case Summary

Plaintiff Colton sued Defendant Adams in the Will Circuit Court in an action of assumpsit to recover a debt. Defendant Adams moved for a continuance, stating that a key witness Joel Jenks would not be available until the next term. His subpoena had been issued and sent, but returned not found. The circuit court overruled the motion. A jury found for Colton, and Adams moved for a new trial, arguing that he had discovered new and material evidence. The court overruled the motion and Adams appealed to the Illinois Supreme Court. The Supreme Court reversed and remanded the case for a new trial because the circuit court's refusal to grant a continuance based on the absence of a crucial witness was an error. 

Illinois Reports File