Jaffe

On the 21st of December, 1891, this cause was set for trial for January 6, 1892. On that day plaintiff’s attorney moved for a continuance upon affidavits of the plaintiff and his physician showing in substance that the plaintiff, who then and for about a year prior thereto resided in Seattle, Washington, was confined to his room by an attack of acute rheumatism to which he was subject, and was wholly unable to move or leave his room, and in the opinion of his physician would not be able to leave his room in less than two months. The affidavit of plaintiff further stated that his presence at the trial was indispensably necessary; that he was the only person who knew the whereabouts of the witnesses necessary to be called on his behalf; that their names had not been communicated to his attorney, nor the matters to which they would testify. D. M. Delmas, Esq., attorney for plaintiff, also presented his own affidavit that plaintiff’s presence was necessary, that he did not know the names of plaintiff’s witnesses, nor the details of the case.

No counter-affidavits were presented. The continuance was denied, plaintiff’s attorney left the courtroom, and a judgment was entered for…