Twitty v. . Logan

Upon the hearing of the defendant’s motion to set aside the judgment under section 133 of the Code, His Honor finds the facts to be these :

At the special term of the superior court of Rutherford held in August, 1880, and on the calling of the cause, the defendant’s counsel announced that he was not prepared to enter upon the trial in consequence of the absence of his client, and asked for a continuance. In support of the motion the attending physician was introduced as a witness, and testified that the defendant was unable from sickness to be present, produced in a measure by excitement and…