Ex Parte Zeigler

March 16, 1911. The opinion of the Court was delivered by This is the second appeal in this case. The facts are fully stated in the former appeal.83 S.C. 78, 63 S.E. 513. When the case was sent back to the Circuit Court, it was referred to the master to take and report the testimony, which was done. Thereafter, petitioners moved to be allowed to take the testimony of P.J. Zeigler, and submitted, in support of their motion, affidavits tending to show inadvertence and excusable neglect on the part of the attorney, who had first represented them, caused by his physical condition, as the reason…