Economy Hog & Cattle Powder Co. v. Bilby

The opinion of the court was delivered by

Dawson, J.:

Error is here assigned on the trial court’s refusal to grant a continuance. Plaintiff sued defendant on a verified account for merchandise. The answer was a verified denial.

On the day of the trial, April 23, 1918, a motion for a continuance on account of defendant’s sickness was filed by his counsel. To support the motion, an affidavit of a person in Sedgwick county, signing himself, “Dr. C. P. Colvin,” was presented. It recited that the defendant. had been under the affiant’s care for more than two weeks, suffering from apoplexy, and that…