Lanier v. Insurance Company.
Supreme Court of North Carolina
ActioN by Mary E. Lanier against Tbe Eastern Life Insurance Company of America, beard by Judge Walter TI. Neal and a jury, at the April Term, 1906, of the Superior Court of Beaufort. This was an action to recover on a policy of insurance issued by defendant company (now called the Conservative Mutual Life Insurance Company) upon the life of John A.-Lanier, for the benefit of and payable to Mary E. Lanier, his wife.
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ActioN by Mary E. Lanier against Tbe Eastern Life Insurance Company of America, beard by Judge Walter TI. Neal and a jury, at the April Term, 1906, of the Superior Court of Beaufort. This was an action to recover on a policy of insurance issued by defendant company (now called the Conservative Mutual Life Insurance Company) upon the life of John A.-Lanier, for the benefit of and payable to Mary E. Lanier, his wife. The Court submitted the following issue: “Is defendant indebted to plaintiff, Mary E. Lanier, now Daniels; and if so, in what amount? Answer: Yes; nine hundred and eighty-two…
1Opinion of the CourtBeown, J.
1. The defendant moved upon affidavit for a continuance, which was refused. The Court set the trial for the “following Thursday,” and defendant excepted. It has been repeatedly ruled that this is a matter within the sound discretion of the Superior Court, and is not reviewable. The public interests require that it, should remain so. It is possible that a case of such gross' abuse of discretionary power upon the part of a trial Judge might be presented that this Court would review it, but the affidavits in the record disclose nothing of that sort in this case.
2. The question raised by the many…
2Cases cited3 opinions
- Central Bank of Washington v. HumeSupreme Court of the United States · 1888
- Hooker v. . SuggSupreme Court of North Carolina · 1889
- Simmons v. BiggsSupreme Court of North Carolina · 1888
3Cited by11 opinions
- Indiana National Life Insurance v. McGinnisIndiana Supreme Court · 1913
- Russell v. . OwenSupreme Court of North Carolina · 1932
- Lowe v. . Fidelity and Casualty Co.Supreme Court of North Carolina · 1915
- Parker v. . PotterSupreme Court of North Carolina · 1931
- Underwood v. Jefferson Standard Life InsuranceSupreme Court of North Carolina · 1919
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