Smith v. Williamson

1. Even assuming that after a continuance of the case had already been once granted to the losing party the trial judge had any discretion to grant a second continuance to him upon the ground of his absence from the court on account of illness, the court did not, under the showing here made, abuse such discretion in failing to grant a continuance, since it does not appear that had the absent party been present, the ease would have resulted differently 5 and since the ground of continuance was sought to be established only by an affidavit of a physician attending the absent party, and no…