95 Ga. 439 | Ga. | 1895
Under this state of facts, the court did not 'abuse its discretion in refusing a continuance. The defendant knew for upwards of nine months before the trial that the case would stand for trial at that term, and. there was no reason why-he should not have employed counsel long enough beforehand to afford them full opportunity to investigate the case and prepare for the trial. Certainly there could be no excuse for his waiting until the case was called for trial without having made a definite engagement with counsel to represent him in the defense of the case. The fact that the defendant had a case in another State, which was about to be tried, was not a ground which the court was bound to recognize as sufficient.
Under this state of facts, we think the petition was maintainable, and that the plaintiff' was entitled.to the
Judgment affirmed.