Sheldon

Judgment went for the plaintiff in this action to recover the balance claimed to be due on four promissory notes. The defendant appeals from the judgment and from an order denying his motion for a new trial.

The only point made by the appellant is that the court erred in denying his motion for a continuance.

It appears that when the case was called for trial the attorney for defendant stated to the court that he appeared specially to ask for a continuance on the ground of the inability of the defendant to be present on account of ill health. He supported his application by his own affidavit and by the oral testimony of a physician. The affidavit stated that the defendant, if present, would testify to certain facts material to his defense, and that the case could not be tried without his testimony. The physician’s testimony was to the effect that the defendant’s condition was such as to make it unsafe for him to appear at the trial, or to go to trial in less than a month.

The plaintiff, through his attorney, objected to a continuance on the ground that he had attached, as security for any judgment to be recovered, certain mining stock of defendant; that an assessment had been…