State ex rel. McCann v. Smyth

■ The relator sued one Flanigan before the defendant in •error, who is a justice of the peace of St. Louis county, for ■an unlawful detainer, and obtained judgment by default. On the following day the defendant Flanigan appeared, and ¡showed to the satisfaction of the justice that he was on the -day of the trial confined to his bed by sickness, and wholly •unable to attend the trial of the case, and had attempted to ■cause himself to be represented and the trial postponed on ■account of his sickness, but by misadventure his efforts, after due diligence used by him, failed. Flanigan also…