Wait v. Krewson

*72The opinion of the court was delivered by

Depue, J.

This suit was brought originally before a justice of the peace, ánd appealed to the Court of Common Pleas, and resulted in a judgment in favor of the plaintiff on the verdict of a jury. Whereupon, the defendant sued out a writ of certiorari.

The reasons relied on for a reversal of this judgment are:

First. That the court refused to postpone the trial on account of the absence of a material witness for the defendant.

The case was regularly set down for trial on the 3d day of May, 1894. The defendant, who is the plaintiff in certiorari, appeared by…