Carroll v. Crawford

Quillian, Justice.

The plaintiff in error urges that the trial court erred in failing to grant a continuance in the absence of a material witness, and points out that the witness was subpoenaed, that she lived in Carroll County, and that the plaintiff expected to have the witness in court to prove her case. In order that the discretion of the trial judge be controlled where a continuance is sought because of the absence of a witness, eight requirements as set out in Code Ann. § 81-1410 must be shown. Where as in this case the statutory requirements are not met, it is no abuse of the judge’s…