Johnson v. Fassett

This is an appeal from a judgment in favor of defendants Dr. James R. Fassett and Dr. William Wong in a malpractice suit brought by Herbert and Elphania Johnson, husband and wife.

The sole ground of the appeal is an alleged abuse of discretion by the trial court in failing to grant appellants’ motion for a continuance on Monday, January 25, 1954, the date set for the trial of the case without a jury.

When the case was called, appellants’ attorney, Mr. Van Pinney, stated to the court that he had been called into the case on the preceding Saturday, that he went over the file *872and noticed that…