Waarich v. Winter

This was an action of trespass for an assault and battery, brought by appellee against appellant. When the case was called for trial, appellant’s attorney moved the court for a continuance on account of the sickness of appellant, and in support of such motion filed an affidavit stating that appellant had informed him, the attorney, by letter, some two or three days before, that he was sick, but expected to be sufficiently recovered to be in court when his case was called; but that on the evening before, on returning to his house, the attorney learned that a member of appellant’s family had…