Sanford v. Cloud

Me. Justice' Westcott

delivered the opinion of the court.

The first error assigned in this case is the refusal of the court to grant the motion for a continuance heard on the 39th July, A, D. 1879.

The exercise of discretion involved in the determination of this motion, -when the action of the court is properly presented by exception in the record, -is under the statutes of this State subject to review in this court. The uniform course of action by this court in-reviewing the exercise .of such a discretion is to require a very clear, plain case of error to sanction the control of the Circuit…