Welsh v. Savery
Supreme Court of Iowa
Appeal from the Pollc District Court. This action was commenced before a justice of tbe peace, to recover for tbe services of one Andrew Lynch, under a contract, and by defendant appealed to tbe District Court.
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Appeal from the Pollc District Court. This action was commenced before a justice of tbe peace, to recover for tbe services of one Andrew Lynch, under a contract, and by defendant appealed to tbe District Court. In that court, be applied for a continuance on account of tbe absence of a witness, wbicb application reads as follows: “James 0. Savery, being duly sworn, deposes and says, be is tbe defendant in tbe above entitled action; that if tbis cause is continued until tbe next term of tbis court, be expects to be able to prove by J. R. Andrews, of Council Bluffs, in tbe state of Iowa, that…
1Opinion of the Court
Wright, C. J.[1]
No part of the testimony is before us, nor is there anything to show the pertinency of the instructions asked and refused, and the most that can be e] aimed for them is, that they might possibly be correct under a certain state of proof. Not being advised as to the proof in the case before us, we cannot judge of their applicability, and cannot therefore say that they were improperly refused.
We are then left to inquire whether the application for a continuance was correctly overruled. We have examined the affidavit with' some care, and are unable to see upon what ground the…
2Cited by4 opinions
- Jones v. Chicago & Northwestern R. R.Supreme Court of Iowa · 1872
- State v. WrightSupreme Court of Iowa · 1979
- Rhea v. United StatesSupreme Court of Oklahoma · 1897
- State v. BarrettSupreme Court of Iowa · 1859