Hill v. Austin
Supreme Court of Arkansas
Appeal from the Circuit Court of Ouachita county. Hon. Abner A. Stitii, Circuit Judge. When there is a palpable abuse of discretion in the Circuit Court in overruling a motion for continuance, this Court will review the decision and correct it.
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Appeal from the Circuit Court of Ouachita county. Hon. Abner A. Stitii, Circuit Judge. When there is a palpable abuse of discretion in the Circuit Court in overruling a motion for continuance, this Court will review the decision and correct it. Eustis & Co. vs. Turner, 3 Eng. 119; 5 Geo. 48. Under the issue of payment or not, and a party moves to continue the case for the testimony of a person by whom he expects to prove he paid the other party more than the sum claimed in paying off certain debts, it shows materiality and relevancy, and he'ought to have the benefit of it. Owens use, etc. vs.…
1Opinion of the CourtJustice Scott
This was an action of assumpsit. Two pleas were interposed — payment, and a special plea which was probably designed by the pleader to set up a total failure of the consideration of the note sued upon. The latter plea was demurred out, and was so grossly defective in several particulars, that no assignment of error upon the ruling of the Court upon the demurrer, has been made in this Court, nor any point as to that ruling been made in the argument.
The case stood at the trial upon the single issue of fact taken to the plea of payment: and when the case came up for trial, the defendant below…
2Cited by2 opinions
- Parker v. CarterSupreme Court of Arkansas · 1909
- Grubbs v. NixonSupreme Court of Arkansas · 1909