Lillard v. Whitaker

OPINION of the Court, bv

Judge Losas?.

Upon calling this cause, the plaintiff in the court below being absent and unprepared for trial, his attorney suffered a nonsuit; and on a subsequent day of the term obtained a reinstatement of the cause ; to which exceptions were filed ; and a verdict and judgment having been after-wards rendered in favor of the plaintiff, the defendant below has prosecuted this writ of error.

Whether the ground set forth in the affidavits on which the motion to reinstate the cause was founded, is sufficient to have justified a continuance, or a reinstatement of the suit…