Dillingham v. Ellis

STAYTON, Chief Justice.

This cause was set for trial on January 8, 1891, and when called for trial defendant made application for continuance, based on the absence of a witness, resident of the county.

The application was for a second continuance, and in strict compliance with the statute regulating such applications; but the court overruled it, on the ground that the evidence of the absent witness was cumulative, and on the further ground that it did not show that the fees of the witness had been tendered.

Plaintiff claimed to have been seriously injured while a passenger on the railway…