Cline v. Brainard

The only error assigned in this case is the refusal of the court to continue the cause on the defendant’s application. The action was founded upon a promissory note, and the summons — which was returnable to the October term, 1857, of the circuit court — was personally served on the defendant on the 18th day of the preceding September. When the cause was called for trial on the first day of December following, the defendant applied for a continuance, and presented his affidavit, in which the reasons for the application are stated, which were that he could not safely go into trial without the…