Gilmore v. Wright
Supreme Court of Georgia
Assumpsit, in Lee Superior Court. Tried before Judge Allen, March Term, 1856. William J. Wright brought his action of assumpsit against John II. Gilmore, for the recovery of a debt due upon a promissory' note.
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Assumpsit, in Lee Superior Court. Tried before Judge Allen, March Term, 1856. William J. Wright brought his action of assumpsit against John II. Gilmore, for the recovery of a debt due upon a promissory' note. Being called upon the appeal for trial, the defendant’s Counsel moved a continuance on account of the absence of his client for Providential cause — representing to the Court that he was not as well prepared for trial in the absence of the defendant as if he were present. Ho proved by Doctor Sutton, defendant’s family physician, “ that two days before that, defendant was in such a…
1Opinion of the Court
By the Court.
Benning, J.
delivering the opinion.
The showing for a continuance was hardly sufficient. It. has been usual in such cases, to require of the Attorney to. say, that he could not safely go to trial in the absence of his client. The Attorney’s statement, that he is not as well prepared for trial as he would be if his client were present, is-hardly equivalent to this. We therefore leave the decision of the Court, as to the continuance, undisturbed.
We think, however, that the Court erred in its charge to the Jury. It will not do to assume that every appeal, which goes to the Jury…
2Cited by1 opinion
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