117 Iowa 177 | Iowa | 1902
Turning now to the record, we find that the showing of the defendant’s sickness was insufficient to justify the court in granting the continuance. He made affidavit in which he stated that he was.suffering from rheumatism; that he had been subject thereto for several years; that at the time the case was assigned for trial he could get about but little, and that he was also suffering from a severe cold; that he had not called a physician, because his complaint was an old one, from which he received relief by freedom from exposure, and by careing for himself indoors. There was no showing that defendant’s presence was necessary, that he intended to be a witness, or that counsel could not try the case in his absence. Manifestly, there was no such abuse of discretion as to justify us in reversing the case on the ground of the sickness of the defendant. Jackson v. Boyles, 64 Iowa, 428. Regarding the