Mosley v. Bridges

The only question to be decided is whether the trial' court erred in overruling the motion for continuance because of the absence of leading counsel on account of illness. Tire Code, § 81-1413, covering the question provides: “The illness or absence, from providential cause, of counsel where there is but one, or of the leading counsel where there are more than one, shall be a sufficient ground for continuance: provided, the party making the application will swear that he cannot go safely to trial without the services of such absent counsel, and that he expects his services at the next term,…