Musgrove v. Perkins

Field J., delivered the opinion of the Court—Terry, C. J., concurring.

Vfhen this cause was called for trial, the counsel of the plaintiffs moved for a continuance, upon his affidavit that he had advised his clients not to prepare for the trial until an appeal from an order dissolving the injunction in the cause had been heard and determined by the Supreme Court; that, acting upon such advice, the necessary preparations had not been made, and could not then be made, in consequence of the absence of a material witness, whose presence or deposition would have been otherwise obtained. The Court…