Abernethy v. First Security Trust Co.

The matter was on the motion docket for hearing at the July Term, 1936. On Wednesday of the term, it was announced in open court that motions would be heard the following day. His honor finds that “the plaintiff R. 0. Abernethy was actually present in court on Thursday morning.” Upon this fact being made to appear, the court intimated that he would not be justified in setting aside the order on the ground of excusable neglect, Bail v. Hawkins, ante, 283, but that he would grant the plaintiff until the next term of court to make further showing, if he could, “why the order should be set aside…