Woods v. Young
Supreme Court of the United States
Error to the Circuit Court of the district of Columbia, sitting at Alexandria. The plaintiffs below, Woods & Bemis, took a bill of exceptions to the refusal of the court to continue the cause until next term, upon their motion, grounded on an affidavit, stating the absence of a witness, the facts which they expected to prove by him, on a belief that he would prove those facts (which appeared to be material to the issue), that he resided in the state of Maryland, about…
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Error to the Circuit Court of the district of Columbia, sitting at Alexandria. The plaintiffs below, Woods & Bemis, took a bill of exceptions to the refusal of the court to continue the cause until next term, upon their motion, grounded on an affidavit, stating the absence of a witness, the facts which they expected to prove by him, on a belief that he would prove those facts (which appeared to be material to the issue), that he resided in the state of Maryland, about twenty-five miles from the place of trial, had been summoned, and promised to attend; that the cause had been called at a…
1Opinion of the Court
By the Court.
The question is, whether a refusal to continue a cause can be assigned for error. The impression of the court is, that it cannot. Has the party, by law, a right to a continuance in any case ? If he has, it will have weight. Is it not merely a matter of favor and discretion ? This is a case in which this court cannot look into the merits of the question, whether the court below ought to have granted a continuance of the cause.
Judgment affirmed, with costs, (a)(a)
This case was brought up in expectation that this court would have decided the question whether an attachment can be…
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