Perrine v. Perrine

The plaintiff in error on November 18, 1922, filed a petition in the court of common pleas to contest the will of John Perrine, deceased. To that petition, on January 27, 19'23, the defendants filed an answer, claiming the will to be a valid last will and testament. A few days subsequent to the filing of the answer, the court set the case for trial on March 12, 1923.

On the day set for trial, to-wit, March 12, 1923, the plaintiff failed to appear, but his counsel ap*468peared and moved for.a continuance of the trial, on the ground that his client, the plaintiff, was ill and not able to appear in…