Anderson v. Industrial Molasses Corp.

JUDGE FEINBERG

delivered the opinion of the court.

Plaintiff brought this action to recover an unpaid balance allegedly due and owing to him from defendant. Defendant filed a demand for a jury of twelve. Several continuances had been granted, and when the cause was called for trial, defendant sought another continuance, which the trial court denied. A jury of six was immediately impaneled, and plaintiff proved up his case. Defendant’s counsel, when the motion for a continuance was denied, did not participate in the hearing, although present in court during the impaneling of the jury and the…