Stephens

The defendant appeals from the judgment which awarded plaintiff $12,228.53, and adjudicated that defendant take “nothing by reason of its counterclaim.” Defendant made a motion for a new trial which was denied. We are not persuaded that a new trial should have been granted, and are affirming the judgment.

The pretrial conference order, filed November 1, 1961, set the case for trial on January 29, 1962. On that day it was continued to June 6, 1962, “on motion of defendant.” Another continuance was made, this time to August 23 “on the court’s own motion.” Again, on the motion of the defendant, there was a continuance to October 25. On that date, “ on court’s own motion, due to congested calendar” a further continuance designating January 21, 1963, was ordered. The plaintiff took his turn and on his motions two further postponements were made, to April 1, 1963, then to June 25. On the date just given the minute entry appears: “ On motion of defendant cause ordered continued to October 14, 1963, at 9 a.m. No further continuances.”

Not discouraged by those concluding words, on October 14 the defendant moved for a further continuance. In support of its motion it filed a declaration by…