Mason v. Stevens Warehouse Co.

1. In the instant case, which arose by the filing of an affidavit of illegality to a levy made under a common-law execution, and in which a verdict was directed for the plaintiff in fi. fa., it was not error to refuse to grant a new trial on motion of the' defendant “on the ground of the movant’s absence on account of sickness at the time the case was tried; it appearing that, even though the movant was represented at the trial, no motion for continuance was then made, hnd it not being made to appear that the movant was at that time, unable, by the exercise of due diligence, to communicate…