Mullinax v. Waybright

Snyder, President:

This action was commenced on March 17, 1887, before a justice of Pendleton county by Henry Mullinax against James B. Waybright upon an account for $147.00. On the return-day of the summons, which was March 26, 1887, the plaintiff and defendant were both present, and the defendant moved for a continuance of the case, “on the grounds of being without counsel, and the absence of a witness.” The justice having examined the defendant on oath, and'thus ascertained that he had made no effort to obtain counsel, and had not had his witness summoned, he overruled the *85said motion, and…