Hurley v. Kazantzis

This is an appeal by defendant from plaintiff’s judgment. The action went to trial in the absence of defendant. On the morning of the date set for trial, November 12, 1946, counsel made a motion for continuance on the ground of the unavoidable absence of the defendant. Notice of time of trial" had béen served on counsel for defendant on October 10, 1946. Counsel’s affidavit showed that he had promptly notified defendant that the case was set for trial and that on October 15 he had received a telegram from defendant advising him that he would not be able to attend the trial on November 12, and…