Moore v. . Dickson
Supreme Court of North Carolina
Civil ActioN, tried before Sohenoh, J., at Fall Term, 1875, of GastoN Superior Court. There was a verdict for the plaintiffs and the defendant moved for a new trial; motion overruled. Judgment for the plaintiffs and appeal by defendant. All the facts necessary to an understanding of the case as decided, are stated in the opinion of the court.
1Opinion of the CourtRodmaN, J.
We see no error in the proceedings below. The first error alleged by the defendant is, that the Judge refused to continue the case.
We will not say that there may not be a case in which the refusal of a continuance would not be a ground for granting a new trial by this court, under its general power to supervise and control the proceedings of the inferior courts. But undoubtedly the granting or refusing a continuance is in the discretion of the Judge below, and it would require eircumstanc.es proving beyond doubt hardship and injustice to induce this court to review his exercise of it, if in…
2Cited by10 opinions
- State v. . SaulsSupreme Court of North Carolina · 1925
- Carson v. . DellingerSupreme Court of North Carolina · 1884
- Allison v. . WhittierSupreme Court of North Carolina · 1888
- Edwards v. . PhiferSupreme Court of North Carolina · 1897
- State v. Dewey.Supreme Court of North Carolina · 1905
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