Mathews v. Willoughby

Blandford, Justice.

When this case was called in the court below, there was a motion by counsel for the plaintiff in error to continue, counsel stating in his place that he could not go to trial without the presence of his client — that his client was sick and unable to attend court; and he presented to the court an affidavit of a physician, which affidavit shows that, the day before the case-was called, he had visited the plaintiff in error, and that he had pneumonia and would be unable to attend court for the next five or six days. It was further shown, by another person who was in court,…