Borman v. Geib

Opinion by

LYONS, C.

It is necessary for us to notice only one error of the trial court, which necessarily requires a reversal by this court. When the case was called for trial, the plaintiff was sick in Dallas, Texas, and was unable to attend the trial, as is evidenced by the certificate of physicians. Plaintiff’s counsel asked the court for a continuance, setting up these facts and setting up also certain facts to which plaintiff would testify if present. Opposing counsel agreed that the affidavit might be read as a deposition, and thereupon the court ordered the trial to proceed. The court…