Pastorius v. Whidby
Pastorius v. Whidby
Opinion of the Court
In an action on common counts against Pastorius for 480 crates of tomatoes sold to him, he pleaded never was indebted and also a special plea of counterclaim. A motion for continuance made on the ground- of an absent material witness was denied. At the trial an attorney for the plaintiff testified' as to an interview he had with the defendant with reference to the
The fact that the counsel for the plaintiff testified in the case gives the defendant no ground for reversing the judgment.
Judgment affirmed.
Reference
- Full Case Name
- William P. Pastorius, in Error v. E. J. W. Whidby, doing business under name of Southern Packing Company, in Error
- Cited By
- 2 cases
- Status
- Published
- Syllabus
- 1. An affidavit for continuance is defective -when it does not state how or where the information was obtained byaffiant as to what the absent witness would testify. 2. The mere fact that counsel testifies in a cause is no ground for reversing the judgment.