Perdue v. Mitchell

This is a suit for injuries allegedly arising from the negligent operation of an automobile. Defendant Mitchell, the operator of the car, was served but failed to appear at trial; and the court entered a default judgment against him in the amount of $10,000. That judgment is not contested on appeal. At the close of testimony, the trial court entered a directed verdict in favor of the owner of the car, defendant/Mrs. Eloise Smith. The plaintiffs appealed and argue that two rulings require reversal:

1) The trial court's refusal to grant a continuance in order to obtain the presence of Mitchell…