| Ill. App. Ct. | Mar 18, 1902
delivered the opinion of the court.
Section 70 (180) of Chapter 79, Hurd’s Edition, 1901, of the Be vised Statutes, clearly provides that in such a condition as existed in this case the cause shall, at the first teym. of the court, be continued.
The statute is, in this regard, hardly open to construction; it has, however, been passed upon by the Supreme Court in Stewart v. Peters, 33 Ill. 383, and Walter v. Bierman, 59 Ill. 186" date_filed="1871-06-15" court="Ill." case_name="Walter v. Bierman">59 Ill. 186, and by the Appellate Court in Bourton v. Rathbone, 23 Ill. App. 654" date_filed="1887-11-09" court="Ill. App. Ct." case_name="Bourton v. Rathbone, Sard & Co.">23 Ill. App. 654.
The judgment of the Circuit Court is reversed and the cause remanded.