D. & J. MINERAL & MIN., INC. v. Wilson

The issue in this case is whether the trial court abused its discretion in denying appellant's motion for continuance made at time of trial and in denying motion for new trial.

FACTS

Appellant brought original action in District Court of Walker County upon common count. Judgment was entered in its favor for $250. Defendant-appellee appealed to circuit court for trial de novo. He filed there a counterclaim for damages for breach of contract in November 1982. On June 29, 1983, at a regular setting for trial, judgment by default in the amount of $5,900 was entered against counter-defendant…