Kneebone

— This action was brought to recover the possession or value of certain personal property. The answer denied all the allegations of the complaint, and demanded judgment for a return of the property.

The case was set for trial on the twenty-ninth day of June, 1889, and on that day the plaintiff appeared by attorney and moved the court to continue the case for two weeks. In support of the motion, the attorney read two affidavits, made by plaintiff on the 26tb of June. In one of the affidavits the affiant stated that he would be unable to attend the trial at the time set for it, or for two weeks thereafter, on account of sickness, caused by his fall from a tree on the 18th of June, and that he would be a material and necessary witness in his own behalf. In the other affidavit it is stated that one William Kneebone was an important witness for plaintiff, and if present would testify to certain material facts which are set out; that plaintiff was not informed that the case was set for trial till the 18th of June, and that at that time the witness was absent in another county, more than thirty miles from the place of trial, and had continued so absent, and plaintiff could not, by the…