Appeal from the Circuit Court of Geneva.

Tried before tlie Hon. Johk P. Hubbard.

This was an action of unlawful detainer, brought by the appellee, C. C. Torbert, against the appellant, W. J. Spann. The defendant pleaded the general issue.

When the case was called for trial, and after the plaintiff liad announced ready, counsel for the defendant stated that the defendant was sick, and he thereupon moved for continuance of the term. This motion was resisted by the plaintiff, who> stated that the defendant had the ease continued at the last term; that he had seen the defendant the evening before walking on the street, and that he did not. appear to be sick, but seemed to be drinking. Tlie court declined to continue the case for the term, but stated that he would continue’t until the next day, which wasi Wednesday. When the case was called on Wednesday, counsel for the defendant stated that his client was still sick and unable to attend court, and introduced a physician who testified that he had called to see the defendant and found him suffering some pain, had administered medicine to him, which he thought would give him relief, and that he did not consider the defendant as being unable to attend court. The court overruled the motion made by the attorney for the defendant for a continuance for the term, but continued the case until the following day. On the next day, when the case was called, the defendant was absent and his attorney renewed his motion for a continuance of the term, and again introduced the physician who had been in attendance upon the defendant. The physician testified that after the court adjourned on the day before, he again visited the defendant and found him 'suffering more than he was the day of his previous visit; that he gave the defendant such medicine as was necessary. It was shown by the plaintiff that the defendant had gotten up and gone to his home four or five miles in the country. Thereupon the court overruled the motion for a continuance and 'Compelled the defendant’*.! attorney to go to trial. To this ruling the defendant duly excepted. Motion was then made by the defendant to make Fannie O. Treadwell a party defendant. The ground of this motion is not set out in the bill of exceptions. The court overruled the motion, and the defendant duly excepted. Fannie O. Treadwell then made application to the court to be made a party defendant, but neither this application, nor the ground therefor, is shown in the bill of exceptions. The court overruled this application, and the defendant duly exi cepted. ■

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