Jarvis v. Shacklock

We are asked to reverse the judgment in this case, because the motion for a continuance and the subsequent motion for a net? trial were both overruled. The continuance ivas asked on two grounds: the absence of a witness and the illness of defendant’s counsel. As to the first, it is only necessary to say that the affidavit does not state the defendant had no other witness by whom he could prove the facts stated in his affidavit as completely as by the absent witness. As to the illness of counsel, it appears that the case was first called on the 25th of November, and then passed because of the…