McAnally v. Bank of Abbeville

When this case was called for trial the defendant was absent, but one of his attorneys was present,, and the other came into court before the trial proceeded. There was no motion to continue the case, but a new trial was asked upon the ground that the defendant was too ill on the day of the trial to attend court. However, it is not shown that he made any effort to communicate this fact to the court or to his attorneys, or that he was so situated that he could not do so. This shows lack of diligence. “Where a party to a suit has ample opportunity to inform the court of his sickness and obtain…