Show l I SALT LAKE AND STATE NEWS DECISION IS AfFIRMED BY THE SUPREME COURT Case ase of John Against Bert L L Smith and Peter porter An opinion was handed down clown h by the supreme court Wednesday affirming the tho judgment of the lower court In Inthe I Ithe the case o of John against Bert BertL BertI L I Smith und and Peter Porter appellants Vicino sued Smith and Porter In the district court of this county count for labor performed upon mining property Th The case Was sol set for trial on April and andon on date dalo appellants attorney flied filed flieda a motion for fOI a con supported I i by y a proper affidavit showing that Por Po Porter tel ter whoso whose testimony was necessary to lo lotho the tho defense was WIlS east easl and could not be present at the trial The case was th thereupon continued until April IG 10 IGOn On that date one of the attorneys s for defendants made a verbal motion I Ifor for another continuance but bat did not file an affidavit showing hood cause I Ho Hn merely merel L ted that the thes s same conditions as s when i tho affidavit was mod filed In support of the former Cormel emotion mollon for continuance The Tho court held that there was not nol n a prop prall proper er showing for or n a continuance and denied the motion The Tho attorneys s for forthe forthe the defendants thereupon asked per permission mission to withdraw from the case This was refused by the court and they were Instructed to lo proceed with the trial Both defendants were absent and hence no testimony was I eel eat In their theil behalf and judgment was rendered against them themOn themOn On appeal they contended that the lower Jower court erred In not nol granting the second continuance she rho supreme court holds hold that thal the trial judge did not a abuse use his discretion when hen he reo re refused fused to grant the tho continuance and hence the judgment was affirmed Jus Lice Frick wro e opinion of the court and it was concurred In hy by Chief Justice Str au I and McCarty |