Kirby Planing-Mill Co. v. Hughes

1. There was no abuse of discretion in refusing a continuance for the purpose of enabling the defendant to procure the testimony of witnesses residing in Boston, Massachusetts, the showing for continuance indicating laches, since there was no effort to procure this testimony until eight days before the case was called for trial, and no reason was shown for this delay.

2. The proffered amendment to the plea being after the time for answer . had expired, and setting up new facts, of which the original plea failed to give any notice, and the amendment not being verified by affidavit as required…