34 Ga. 388 | Ga. | 1866
The facts in this ease are of a peculiar kind, and, when considered with reference to the wide range of judicial discretion over continuances, the nature and objects of law-partnerships, and, especially, the then actual condition of Georgia, we think our assiduous brother of the Pataula Circuit ought to have controlled the very common eagerness of a party to try his case when he discovers he has, from some fortuitous cause, gotten an advantage over his adversary.
This case was in the last resort: the counsel of the plaintiff below, Mr. Davis, he who brought it and conducted it throughout, and who had attended the Court in wliiph the case was pending, was, at the time it was pressed for trial, in the military service of the Confederacy. His law partner, Mr. Yason, at no time attended the Court where the suit was pending;. he was unknown to the Judge .or balas a practitioner there. Mr. Davis, by statute, if he had had no partner, was ’ entitled to his case being' continued. Why should the fact of having a partner deprive him of a legal right, when that partner was in no sense an officer of that Court ?