Haley Fisheries, Inc. v. Payne

The appeal presents the sole question of whether the trial judge abused his discretion in overruling appellant’s first application for a continuance. The application was in statutory form, was properly verified, was not controverted, and was overruled without the hearing of any evidence thereon, although the trial judge took cognizance of facts' occurring within his knowledge concerning the setting and resetting of .the case during the term, as these matters related to the' absence of appellant’s leading counsel.

The application for continuance was made upon two grounds: First, the absence of…