Allen v. Bannister

Bannister sued Allen in three counts, all in Code form, viz. assault and battery, false imprisonment, and malicious prosecution, and recovered judgment in the sum of $1,000.

Defendant moved for a continuance and then asked to be allowed to make a showing for two absent witnesses. Exceptions were reserved to the- court’s adverse rulings in both instances. Stating the reason for its refusal to wait for a showing, the court observed that the cause had been set for trial on Tuesday of the then current week, and was called for trial on Thursday; that defendant had been in attendance upon the court…