Covington v. Case Threshing Machine Co.

1. To entitle a party to a continuance under § 5717 of the Code of 1910, which provides: “If either party shall be providentially prevented from attending at the trial of any cause, and the counsel of such absent party will state in his place that he cannot go safely to trial without the presence of such absent party, such cause shall be continued, provided his continuances are not exhausted,” evidence of some character, under oath, must be presented that the absent party was in fact “providentially prevented from attending at the trial.” A statement by counsel of the absent party in this…