Banker Mining & Milling Co. v. Allen

Action upon an account for coal sold and delivered. ,

The only assignment of error presented or *352argued in appellant’s brief, is based upon an order denying a motion for a continuance.

December 3, 1900, the case was set for trial on January 22, 1901. January 21, 1901, a motion for continuance and affidavits in support thereof were filed. The motion stated that John Guth, manager and treasurer of defendant corporation, was the only person connected with the defendant corporation who knew of the dealings between the corporation and plaintiff; that the testimony of Guth was material and relevant;…