Urich v. Fox

CARDINE, Justice.

This case, a suit upon three promissory notes, was set for trial upon five days notice. A request for continuance was denied. The trial was held as scheduled with neither appellant nor his counsel being present. This appeal is from the judgment entered following the trial.

Appellant states the issues as:

“1. Whether the trial judge abused his discretion by denying Appellant’s motion for a continuance when the Appellant had only five days notice of the trial setting and his expert witness was unavailable to testify because he had been subpoenaed in another case set for trial on…