Packer v. Burt

This was an action by the appellee against the appellants, upon a promissory note. Answer: payment, want of consideration, and set-off Replication. Trial by *589jury, verdict and judgment for the plaintiff for the amount of the note and interest.

It appears by a bill of exceptions that on February 26th, 1873, that being the second day of the term, at about half past 9 o’clock A. M., the cause was called for trial, and a jury was ordered into the jury box for that purpose. Thereupon, the- defendants desiring a continuance of the cause, time was given them by the court, until noon, to prepare…