Flynn

The matter before the court on this appeal from the judgment arises out of the refusal by the judge of the lower court to postpone the date of trial. The facts are as follows: On July 7, 1921, the action was set for trial on the first day of December of the same year. On November 26, 1921, which would be five days before the date for the trial of this case, the firm of Smith & Breslin was substituted as attorneys for defendants, but the notice of substitution was not served on the attorneys for plaintiffs until the thirtieth day of November. On the day when the case was set for trial, to wit, December 1st, the attorneys representing defendants moved for a continuance without first having given the attorneys for plaintiffs any notice of their intention so to do. When the case was called for trial at 10 o’clock A. M., the reason given to the court for the continuance was that the attorneys representing defendants were then engaged in the trial of an action in another department of the superior court; that the case in which they were then engaged had been on trial for a considerable time and would in all probability last a period of a week or ten days longer. On being interrogated by…