Benster v. Bell

The only question presented in this case is whether the county court committed reversible error in refusing to grant the defendant’s application for a continuance.

Bell, the plaintiff below, recovered a judgment for $50 before a justice of the peace. On March 26, 1926, the case was appealed to the county court by Benster, the defendant below. On April 30, 1927, upon due notice, the case was set for trial to a jury on Tuesday, September 27, 1927, at 10 o’clock a. in. On the Thursday or Friday next preceding the day of trial, Benster, concluding not to have his former attorney try the case in…