Hall & Farley v. Harper

Hall & Farley v. Harper. Appeal from Henry Circuit Court.' Tried before the Hon. j. W. Foster. W. W. Sanders, for appellant. R. H. Walker, for appellee. The appellants, Hall & Farley, recovered a judgment against the appellee, Wilson Harper, for a certain sum of money. The defendant was not present at the trial, which resulted in this judgment, and he, thereupon, made a motion for a new trial upon the ground that he was sick and not able to attend court when the case was tried. Upon the hearing of this motion, the court granted the motion and ordered a new trial. From this judgment the plaintiff appeals. The judgment granting the new trial is affirmed. [MAJORITY — Sharpe, J.] Opinion by Sharpe, J.