J. H. Rottman Distilling Co. v. Van Frank
Missouri Court of Appeals
Appeal from Cape Girardeau Court of Common Pleas. — Hon. F. F. Burroughs, Judge. The appellate court will reverse a case where the trial court has exercised unsound judicial discretion in overruling an application for continuance.
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Appeal from Cape Girardeau Court of Common Pleas. — Hon. F. F. Burroughs, Judge. The appellate court will reverse a case where the trial court has exercised unsound judicial discretion in overruling an application for continuance. Barnum v. Adams, 31 Mo. 532; McLane v. Harris, 1 Mo. 700; Tunstall v. Hamilton, 8 Mo. 501. In an application for a continuance, if the affidavit shows materiality of the evidence on the trial of the cause and proper diligence has been used, then to refuse a continuance would be an exercise of unsound discretion. The Supreme Court has said, “If there were any…
1Opinion of the CourtGoode, J.
This was an action of assumpsit for the price of certain liquors sold by the plaintiff, it is alleged, to the defendant, but whether tbe defendant bought them is the fact at issue. It is claimed on behalf of the respondent that they were purchased by one Prank H. Dunlop for the defendant. His authority to make the purchase in Van Prank’s behalf is contested. It is needless to go into the facts further, for we think the judgment must be reversed on account of the action of the court below in refusing to grant the appellant a continuance. He was served with summons in the action the…
2Cases cited6 opinions
- Jones v. St. Joseph Fire & Marine InsuranceSupreme Court of Missouri · 1874
- Moore v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1888
- Hanel v. FreundMissouri Court of Appeals · 1885
- Hurck v. St. Louis Exposition & Music Hall Ass'nMissouri Court of Appeals · 1888
- Bobb v. TaylorSupreme Court of Missouri · 1874
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3Cited by5 opinions
- Albi v. ReedSupreme Court of Missouri · 1955
- Savings Finance Corporation v. BlairMissouri Court of Appeals · 1955
- Blessing v. BlessingMissouri Court of Appeals · 1976
- Pupillo v. PupilloMissouri Court of Appeals · 1993
- Ronollo v. RonolloMissouri Court of Appeals · 1982