Sirmans v. Jones

Quillian, Presiding Judge.

Plaintiff appeals from the direction of a verdict in favor of the defendant. Held:

1. Plaintiffs counsel contends that it was error for the trial judge to refuse to grant a continuance predicated on the plaintiffs illness and physical infirmity. According to the recitation of facts contained in the trial judge’s order, plaintiffs counsel tendered a doctor’s affidavit and stated in his place that he could not safely go to trial without plaintiffs presence. In addition, it appeared the plaintiff was ill and in a nursing home at a previous term; that on request defendant…