WELCH, Justice.
The action was filed in the district court on May 28, 1957, and originally set for trial on June 5, 1958, but continued from that date to June 9, 1958, on oral motion by counsel of defendant because defendant was out of town. The court thereafter, on June 9, 1958, passed the case over to June 10, 1958. On June 10, 1958, the defendant presented her application for continuance with physician's affidavit attached, and said case was stricken from that...
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