Newton v. Cohen-Walker-Bailie, Inc.

Jordan, Judge.

This was a suit on open account. Before the jury was impanelled, and in the presence of the entire jury panel, counsel for the defendant requested a continuance on the ground that he had a written medical certificate stating that the defendant was unable to appear in court. Counsel for the plaintiff, in the presence of the entire jury panel, resisted the motion for continuance on the ground that the case had been previously continued for this reason, and stated in his place in open court that he had called the defendant’s office *754that morning and the defendant was there then, on…