Rainey v. Roesall Corp.

BARNS, Justice.

This is an appeal from a final judgment of dismissal entered in open court when the case was called for trial, at which time the appellant-plaintiff sought a continuance for the term. The continuance was denied. We find no error and affirm.

The suit was commenced in August, 1949, and came at issue in January, 1952, whereupon the defendant on September 25, 1952, “noticed” the case for trial, and the case was set for trial on October 28, 1952.

When the case was called for trial appellants’ attorney filed a written motion for a continuance for the term setting forth that upon the…