Willard v. Petitt

The plaintiff in error was a married woman at the time of the trial, and her husband and she were jointly sued in an action for a malicious prosecution. Before verdict the case was discontinued as to him. When the case was called for trial she moved for a continuance, because the state of his health prevented him from attending. The affidavits stated that she expected to prove by him “ that the grievances complained of * * * were justifiable, and were committed, if at all, upon reasonable and justifiable grounds;” and that the attorney was “ familiar with the proposed defense, * * * believes…