Dean v. Halliburton

-Judgment and order reversed upon the law and a new trial granted, with costs to appellant to abide the event, for error in denying defendant’s motion to postpone the trial because of the absence of material witnesses. Of these witnesses, the wife and daughter of the alleged incompetent were not without justification in repairing to the bedside of their dying husband and father whose death occurred three days after the trial. So that their absence was undoubtedly in good faith. The question is properly presented on the appeal taken from the judgment where the motion to postpone was made, as…