Tomlins Ex Rel. Ledbetter v. Cranford

The record states that the case was called at a time counsel for defendants was not in court and the court denied a motion to continue for that reason. Nothing further is made to appear. Hence the disposition of the motion was within the discretion of the presiding judge. But see Moore v. Dickson, 74 N. C., 423.

The defendants, it is true, set forth in their brief certain facts, controverted in part by plaintiff, leading up to and causing the absence of counsel at the time the ease was unexpectedly reached for trial. But the Supreme, Court can judicially know only what appears of record. S. v.…