Ivey v. Neyland

WILDS ON, O. J.

(after stating the facts as above). . When the cause was called for trial, appellants moved to continue same because (it appears from a bill of exceptions in the record) of the absence of a witness, and sickness preventing one of appellants’ counsel from being present. Neither the name of the absent witness, what appellants expected to prove by him, the diligence, if any, used to procure his testimony, nor that appellants expected to procure by the next term of court, was stated in the motion; and one of appellants’ chosen counsel was present and represented them at the trial.…