Miller v. Layne

This was an action for damages for trespass to real property. The principal question in the court below was whether the locus in quo was a public highway.

At the time the cause came on for trial, plaintiffs’ attorney moved for a continuance on the ground of the unavoidable absence of plaintiff Michael Miller, and his inability to be present at the trial. The motion was denied, and the cause set for trial at a special term, at which it was tried, and judgment ordered for defendants. Plaintiffs did not renew the motion for continuance at the special term. Thereafter plaintiffs moved for a new…