Show JUDGE OF DISTRICT COURT IS SUSTAINED Holding that tho the Ju judge Jue e of the third district was n within his rights In refusing refus- refus ing In- Into S r to grant a motion for continuance of or tho the trial the supreme court on eli Wednesday af affirmed the thc judgment In tile the case of John L against Bert Belt L. L Smith and Peter Porter Forter appellants for or labor abor on mining property The ease case had beet been jeen f b set et t for tor trial on April 16 and a verbal ver- ver ml bal motion v.-as v. made for Cor continuance hut but an affidavit ll was not moo filed showing good cause It had already been cen continued once and counsel for forSmith forSmith Smith and Porter merel merely stated that the same sanio conditions existed as before The Tho court d denied the motion and the S 'S for Cor th the defendants asked permission to o withdraw from froni the thc ca case c This was wasn n refused Cu d. d and the trial went on with no evidence e Introduced In behalf of or Smith and Porter who were both bot absent Judgment JUd Judg mont ment was given ghen against them Justice J J. J J E. E Frick wrote the opinion Chief Justice D D. N N. and Justice w V. V M M. McCarty McCart concurring |