White v. Martin

Warner, Chief Justice.

This was a motion for a new trial in the court below, which was overruled, and the defendant excepted. It appears from the facts disclosed in the record, that the defendant was sued on a promissory note for $60.00, in a justice’s court, and that on the trial of the case in that court judgment was rendered in his favor. The plaintiff entered an appeal, and on the appeal trial, when the case was called, the defendant’s counsel made a motion to continue it on account of the absence of his client, not then knowing the cause of his absence. The court overruled the motion, and…