Black v. Foley

Litz, Judge:

This writ of error involves the action of the circuit court of Putnam County in overruling the motion of defendant, Mike Foley, to set aside a verdict against him in favor of plaintiff, Harry Black, in an action tried April 8, 1935, on appeal from a justice in the absence of defendant and his counsel.

The case, with others, including a number of criminal cases, was set for trial April 8, 1935. According to the affidavits of A. J. Barnhart, attorney for defendant, and Austin M. Sikes, official court reporter, filed in support of the motion, Barnhart, who had been in attendance of…