Reporter and farmer. [volume] (Webster, Day County, Dakota [S.D.]) 188?-1946, 1908-10-15
Redfeld, S. d., July IL, 1908
Sears q Potter,
Webster, S. ID.

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that it may not conflict with dates
already set for argument Of other
cases have in hand
Messrs. Anderson a. Waddle, Of
your city, will appear for me at the
opening day of court on the call of
the calendar.
Yours Very Truly,
S. W. Clark,
Attorney General.
AFFIDAVIT TO SET ASIDE
ORDER OF CONTINUANCE.
State of South Dakota, &c
County of Day. "
In Circuit Court,
Fifth Judicial Circuit.
State of South Dakota,
Plaintiff,
Williams Bros. Lum.
Der Company,
Defendant.
State of South Dakota, 60
County of Day.
Frank Sears and III. III. Potter
being duly sworn each for himself
says that he is one of the attorneys
for defendant in the above entitled
cause.
That there was filed in said cause
in the office of the clerk of the cir
cult court Of Day county, at Webster
South Dakota, on the End day of
of October, 1908, what purports to
be an order of continuance in the
above entitled cause. That said
order recites as follows:
"The motion Of the defendants
regularly coming on to be heard,
for continuance of the above
entitled cause, and the plaintiff
appearing in opposition thereto, and
the court being fully advised in the
premises, it is ordered that said
cause be and the same is hereby
continued until the next regular
term of the circuit court in and
for Day county, South Dakota.
Dated this 10Th day of September,
1908, by the court,
j. HI. Mccoy,
Judge.
That this affidavit is made for the
purpose of setting aside said order,
and procuring a modification and |
change of the recitals therein con-
tanned. That as atlantis believes,
the said order was inadvertently
granted by the judge, without
knowledge of the contents thereof.
That in truth and in fact no
for continuance of
said cause was ever made by the
attorneys. That neither
of these atlantis ever suggested at
any time or place that the defend
ants desired continuance OF said
cause, neither did either of these
atlantis ever appear in court or
before the judge of said court and
request continuance of said
cause.
That the said order was made, if
at all, secretly and without know
ledge of the defendants attorneys,
and was procured to be made, if
ever made, by the plaintiffs attor-
neys. That the said order was never
served on these atlantis or any of
them, but was kept secret until the
End day OF October, 1908, at which
time it was fled in the Office of the
clerk Of said court, and defendants
attorneys had no knowledge of the |
existence of said order until Octo.
Der End, 1908. That the said order
was never servtd upon defendants
attorneys, and the whole proceeding
in relation to the obtaining thereof
was kept secret from them and they
had no knowledge Of the same and
never even suspected that an order
of continuance was made or was to
be made.
That the atlantis make this affida
Wit for the purpose of moving to set
aside said order, and to correct the
same If not set aside, to accord with
the facts in said cause.
Affianis further say that the state
ment therein contained that the
plaintiff appeared in opposition
thereto, is untrue and misleading,
because as these atlantis aver, there
never was any application made by
defendants attorneys or any OF them
and therefore nothing for the plain
tiff to oppose.
That the defendants attorneys
have always been ready to try said
cause, and have never at any time
suggested to any person that there
should be a continuance thereof,
but on the contrary they have
always opposed continuance Of
said cause, and the only application
for continuance made therein had