Dillon v. Dillon

The opinion of the Court was delivered by

Fenner, J.

The first question to be disposed of in this case is the claim of appellant to have the cause remanded to be tried over again on the ground that the judge a quo improperly refused a continuance oí the case on the day fixed for trial, and tried the case when the only-counsel of defendant was unavoidably absent, engaged in the actual trial of a cause in another court.

AVearenot prepared to say that if the facts alleged were proved,, and in the absence of explanatory circumstances to justify the action of the judge, such a refusal to grant a…