¶1The appellant was the plaintiff below. He moved for a continuance of the cause, but his motion was overruled, and he excepted. The cause being thereupon called for trial was dismissed for want of prosecution.
¶2The appellant afterward, at the same term, moved to set aside the dismissal, but this motion was overruled, and he excepted. ,
¶3These rulings are assigned for error.
¶4The affidavits on which these rulings were based are too long to be herein set out, but we are satisfied from reading them that a good cause was shown for a continuance, and that the court erred in overruling the motion therefor.
¶5The judgment below, dismissing the cause, is reversed, with costs, and the cause remanded for further proceedings.
¶6Downey, C. J., having been of counsel for one of the parties, did not participate in the decision.
¶7Petition for a rehearing overruled»