Cook v. Larson
Supreme Court of Kansas
Error from Wilson District Court. Cook and others bring here for review the refusal of the court below to grant them a continuance. The facts appear in the opinion.
1Opinion of the Court
Opinion by
Strang, C.:
This action was begun before a justice of the peace by James Larson against Hiram Cook, R. S. White, J. C. Vassar, and C. G. Glenn. Service was never had on Vassar. On the return-day of the summons the other defendants appeared and made a motion for a continuance, which was supported by an affidavit alleging that they could not safely proceed to trial at that time for want of material testimony which they had been unable to procure. They asked for a continuance for 15 days. The court refused to grant them a continuance for 15 days, and set the cause for trial in 10 days,…
2Cases cited2 opinions
- Earlywine v. Topeka, Salina & Western Railway Co.Supreme Court of Kansas · 1890
- West v. RiceSupreme Court of Kansas · 1868
3Cited by3 opinions
- Powell v. NicholsSupreme Court of Oklahoma · 1910
- Missouri, O. & G. Ry. Co. v. McClellanSupreme Court of Oklahoma · 1913
- Fuss v. AndersonSupreme Court of Oklahoma · 1923