Warren v. Frank Gardner Hardware & Supply Co.

Citations

• 96 Miss. 284
• 51 So. 129

Syllabus

<p>'New Trial. Grounds. Absence of party.</p> <p>Where a- ease was tried on an early day of a special term of court and the defendant, a material witness in his own behalf, was absent because of an honest mistake causing him to believe that the case would not he tried until a later day of the term, a judgment against him should he vacated, in the discretion of the court at his costs, and a new trial granted, on seasonable application and presentation of the facts made during the same term, supported by a proper showing of a good defense.</p>