Short & Walls Lumber Co. v. Blome

Carey, J.,

delivering the opinion of the Court:

This matter comes before the Court on plaintiff’s motion for a continuance based upon the absence of a material witness. In opposing that motion, defendant contends that the action should be dismissed for want of prosecution.

The record reveals the following facts:

The case was definitely scheduled for trial at the May Term, 1950. Shortly before the day of trial, a material witness disappeared and has not yet been found. The case was, therefore, continued to the November Term, 1950. It was likewise continued at each term thereafter until May, 1951.…