Payne v. Zell
Supreme Court of Virginia
Error to a judgment of the Circuit Court of the city of Richmond, rendered ülay 27, 1899, in an action of debt, wherein the defendant in erorr was the plaintiff, and the plaintiff in error was the defendant.
1Opinion of the Court
Riely, J.,
prepared the opinion of the court.
*295The refusal of the court to continue the case, upon the motion of the defendant, constitutes the first assignment of error. A motion for a continuance is addressed to the sound discretion of the court under all the circumstances of the case; and, althoug'h an appellate court will review the action of the trial court, it will not reverse its judgment upon such motion, unless plainly erroneous. Norfolk & Western R. Co. v. Shott, 92 Va. 45, and Hite's Case, 96 Va. 489.
The suit was brought to first rules in December, 1898. The defendant filed no plea,…
2Cases cited3 opinions
- Railroad Co. v. National BankSupreme Court of the United States · 1880
- Norfolk & Western Railroad v. H. I. ShottSupreme Court of Virginia · 1895
- Hite v. CommonwealthSupreme Court of Virginia · 1898
3Cited by20 opinions
- Sims v. CommonwealthSupreme Court of Virginia · 1922
- Atkinson v. NeblettSupreme Court of Virginia · 1926
- Birket v. ElwardSupreme Court of Kansas · 1904
- Graham v. SmithMichigan Supreme Court · 1908
- Chesapeake & Ohio Railway Co. v. Newton's AdministratorSupreme Court of Virginia · 1915
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