Berger v. Johnson

SAMUEL, Judge.

On June 11, 1959, plaintiff filed this suit for $4,570.00, the alleged total amount of money loaned to, and the value of items purchased for, the defendant by plaintiff. In due course exceptions were filed and overruled, a bond for costs was posted, an answered filed, and the case was set for trial on October 26, 1960.

Upon being called for trial on October 26, 1960, the case was continued by the district court, with preference, on motion of plaintiff’s counsel because of the absence of plaintiff, a seaman. The case was again set for trial on November 16, 1960, and again was…