Lucy Andrews v. Thomas J. Murphy, Judge of the Circuit Court of Wayne County, Michigan

PHILLIPS, Circuit Judge.

Plaintiff, a Negro, filed an action for personal injuries in the Circuit Court of Wayne County, Michigan, against two white defendants early in 1959. After numerous delays the case was set for trial before a jury on May 3, 1961, with adequate advance notice to plaintiff’s attorney. On that day, at a time when the defendants in the state court proceedings were present and ready to proceed with the trial, plaintiff’s attorney appeared in person and moved for a continuance on the ground that he, the attorney, was ill. The attorney failed to produce medical evidence of his…