Schwall v. McNeil

Hall, Justice.

This is an appeal by the defendant in an ejectment action from denial of a new trial motion following a directed verdict for the plaintiff. The issue is whether the trial court abused its discretion in refusing to allow the defendant’s attorney to present his case when the attorney arrived in the courtroom prior to or coincident with the close of plaintiffs case, and his client, the defendant, was then available subject only to the few moments’ delay that would be required to allow someone to assist her, as she was ill, to mount the stairs to the courtroom.

The record reflected…