International & Great Northern Railway Co. v. Miller

Counsel

R.G. Street, for application. — When counsel employed in the case, after the exercise of due diligence, only discovers on the eve of trial that he will not be able to be present on the particular day when the case is expected to be tried, due diligence does not require that other counsel shall be employed, when it is already probably too late to properly instruct new counsel; and in such case the offer of counsel thus unavoidably detained to agree to any subsequent day of the term, or to allow continuance to be charged to his side of the case, is a reasonable one; and if under such circumstances judgment is taken in the absence of counsel, on motion duly filed, accompanied by affidavits showing such diligence, and also a meritorious defense to the action, a new trial should be granted.