Hyman v. Aiken

McMurray, Chief Judge.

In the state court below this case came on for a non-jury trial after having been regularly published on the trial calendar. The plaintiff announced ready, but counsel for defendant was not present. Certain requests for admissions had been made by the plaintiff and had not been answered by the defendant. No motion to secure the withdrawal of same was ever made.

The trial calendar was called at 9:00 a.m. and this case was postponed by the trial court until 1:00 p.m. as counsel for defendant notified the court he could not appear until that time (1:00 p.m.) since he was in…