Wick v. Weber

It was error in the circuit court to overrule the motion entered by the counsel for the appellant for a continuance of the cause.

The motion was founded on two affidavits filed at the same time. In the first one it was stated that in consequence of ill health the appellant had gone to Europe, and such was his condition, as reported by his physician, that he was unable to return in time for the trial.

The facts alleged in the affidavit, which counsel expected to be able to prove by the appellant, if present, were material, but we think no diligence was shown. There was no affidavit showing the…