Opinion
Gen. No. 43,932. (Abstract of Decision.)
Opinion filed April 2, 1947 Released for publication April 25, 1947
LANDLORD AND TENANT, § 280.1 — right of tenant in eviction action to introduce testimony after continuance. In forcible detainer action by landlord to obtain possession of apartment on ground that tenant was committing or permitting nuisance, wherein at trial, before tenant had opportunity to introduce testimony and although neither party asked for postponement, court continued case for about three months to enable tenant to obtain other living quarters, refusal of court upon resumption of hearing to permit tenant to introduce testimony was error, where there was neither stipulation, nor words or action by tenant, that he would move even though he could not obtain other living quarters, but, to contrary, tenant took position that he had right to remain in apartment.
See Callaghan's Illinois Digest, same topic and section number.
Appeal from the Municipal Court of Chicago; the Hon. N.J. BONELLI, Judge, presiding.
Judgment reversed and cause remanded with directions. Heard in the third division, first district, this court at the December term, 1946.
Harry L. Yale, for appellant;
Robert C. Springsguth, for appellee.
Not to be published in full. Opinion filed April 2, 1947; released for publication April 25, 1947.