Coosa Portland Cement Co. v. Crankfield

The suit was for personal •injury sustained by plaintiff’s intestate.

[1, 2] The first assignment of error challenges refusal of the trial court to give defendant’s written charge which we denominate “A.” it was:

“The court charges the jury that the showing introduced in evidence as to what the witness E. A. Hardin would testify is entitled to the same weight and consideration at your hands as if Hardin had appeared in person and testified thereto on the witness stand.”

The rule of continuance declared by statute is:

“The party applying for the continuance of any civil action must state in. the…