SOURIS, J.
In the court below plaintiffs attacked the residential zoning restrictions imposed upon their property by the defendant village. Near the end of the first day of testimony, plaintiffs' trial counsel indicated he had 1 more witness for the next day in the following manner:
"We are, in a sense of speaking, at a point where we can't proceed further. We have 1 more witness, but that witness is not here and there is a probability that he will be here...
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