#### Paul O. Moratz, Appellee, v. Maurice C. McCarthy, Appellant.

(Not to be reported in full.)

Appeal from the County Court of McLean county; the Hon. Homer W. Hall, Judge, presiding. Heard in this court at the October term, 1913.

Affirmed.

Opinion filed May 5, 1914.

Statement of the Case.

Action by Paul 0. Moratz against Maurice 0. McCarthy to recover an amount due on an order for $77.67 given to plaintiff by defendant on a settlement of a building account. The suit was begun before a justice of the peace and an appeal was taken to the County Court. The court on the day the case was set for trial denied defendant’s motion for a continuance, but postponed the trial until the next day. Defendant failing to appear on the following day, plaintiff re*70covered a verdict and judgment for $82.50. To reverse the judgment, defendant appeals.

Abstract of the Decision.

Continuance, § 51*—when denial of motion not error. A denial of defendant’s motion for a continuance made on the day the case was set for trial on the ground that defendant and his attorney had no notice of the setting of the case for trial and that defendant could not he ready on that day because he did not know the whereabouts of two of his witnesses, who were in the city of Bloomington, and because another witness was in Taylorville, held not error where it appeared the court offered to postpone the trial until 1:30 p. m. the next day and counsel stated he could not be ready by that time, hut the court did postpone the trial to the following day and no reason appeared showing why defendant could not have been ready the day the case was tried if he had used any diligence to procure his witnesses after the hearing was postponed.

Counsel for appellant made a statement of the case but filed no brief or argument.

DeMange, Gillespie & DeMange, for appellant.

Livingston & Bach, for appellee.

Mr. Presiding Justice Thompson

delivered the opinion of the court.