C. C. Elmer Tank Boiler Co. v. Art Cleaner & Dyers
C. C. Elmer Tank Boiler Co. v. Art Cleaner & Dyers
Opinion of the Court
The plaintiff sues the defendants for $102 the price of a boiler and stack sold to them. The defendants admit having ordered and received a boiler from the plaintiff; but they aver that there
The case was fixed for trial for March 27th and the defendants were notified.
On March 25th the defendants filed a motion in which they alleged that they would be “busy in other legal matters in other Courts,” and that they would ask for a continuance. No action appears to have been taken on that motion.
On March 27th the case was taken up for trial “Present Thomas Tomeny, attorney for plaintiff; defendant absent and not represented.”
Charles Elmer was heard as a witness and established plaintiff’s case. Judgment was rendered in favor of plaintiff.
The defendants have appealed. They complain that the case was tried in their absence, and in the. absence of their counsel.
A iparty who would obtain a continuance of a case should address the Court at the moment of trial and make a proper showing. In the absence of either the opposite party is entitled to a trial of the case.
The appellant has not' pointed out any error in the judgment which is therefore affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.