Neil v. Gane

TAPPAAN, J., pro tem.

This appeal is from a judgment had upon a promissory note signed by appellant only. The co-defendant was appellant’s husband, and was made a party solely for that reason.

The complaint in the action was filed on October 15, 1924, and defendants duly answered November 15, 1924. The case came on for trial February 26, 1929, and plaintiff’s counsel made a motion for a continuance, so that he could file an affidavit showing that a deposition had been taken in the action and had disappeared from the files. On February 27, 1929, the affidavit having been filed, the trial was…