Sykes Ex Rel. Sykes v. Blakey

CiARKSON, J.(1) Did the court below abuse its discretion in denying plaintiff’s motion for continuance? We think not under the facts and circumstances of this case.

In State v. Sauls, 190 N. C., 810 (813), citing a wealth of authorities, it is written: “It was subsequently held in a number of decisions that the refusal to continue a case rests in the judge’s discretion upon matters of fact which this Court has no power to review. ... In other cases it is held that while the exercise of discretion must be judicial ana not arbitrary it is not subject to review unless The circumstances prove…