Schnell v. Rothbath

Per Curiam :

The only question here presented, is upon the overruling of a motion for a continuance.

The suit was against Conrad Schnell and Caroline Schnell, his wife, to enforce a mechanic’s lien upon premises owned by the latter.

Upon the cause being called for trial, on the 28th day of April, 1873, a motion for a continuance was made on behalf of the defendants, and overruled by the court. The motion was based upon the affidavit of one Walter, a clerk for the solicitor of the defendants, stating, merely, that on the 25th of April, 1873, he went to the house of the said Conrad Schnell, and…