Derkmann

Plaintiff recovered judgment in the court below, and defendant appeals therefrom on the ground of irregularity' in the proceedings and error of the court in refusing to grant a continuance of the trial.

From the record (which apparently is incomplete), the facts appear to be that after plaintiff had rested her case defendant’s attorney moved for a continuance of the hearing of the action on the ground, as stated by defendant’s attorney, “Now it may be out of order—I trust Your Honor won’t think so—but I rise and ask you to continue this case until I can see Madam Yon Blumenthal and ask her the facts and find out what is right with reference to her cause. These people are armed here with their witnesses. Mine is now sick in bed. My client can’t come here, and I wish right now to ask a continuance of this case until I can at least find out what the facts are.” '

On the consideration of defendant’s motion, the affidavit of a physician as to the health of defendant was introduced in evidence and the physician was later called as a witness in the matter. His testimony was to the effect that defendant was too ill to attend court. Another physician, appointed by the court for the…