Danziger v. Village of Bingham Farms

in the court below plaintiffs attacked the ■ residential zoning restrictions imposed upon their property by the defendant village. Near the end of the first day of testimony, plaintiffs’ trial counsel indicated he had 1 more witness for the next day in the following manner:

“We are, in a sense of speaking, at a point where we can’t proceed further. We have 1 more witness, but that witness is not here and there is a probability that he will be here tomorrow. But the hour is late and I know that we are here ready to proceed, and if we can’t proceed, then the defendant should have [its]…