
    Fox v. Armour Packing Company.
    Submitted October 20, —
    Decided November 12, 1904.
    Complaint. Before Judge Cann. Chatham superior court. August 1, 1904. ,
    
      G. B. Whatley, for plaintiff in error.
    
      O’Connor, O'Byrne & Hartridge, contra.
   Candler, J.

It affirmatively appearing'that the only plea filed by the defendant was one to the jurisdiction of the court, and that the evidence of the witness on account of whose absence a continuance was asked, if given as claimed, would have gone to the merits of the case, and would in no sense have supported the plea filed, it was not error to refuse to continue the case on account of the absence of such witness.

Judgment affirmed.

All the Justices concur.  