Finch v. Billings
Supreme Court of Iowa
Appeal from GMoJeasaw District Gowrt. Practice : continuance : change oe tenue, etc. — ■ Action, to foreclose mortgage, defense, usury, part payment and set-off, decree for plaintiff, and defendant appeals. Questions made and decided are stated in the opinion.
1Opinion of the CourtDillon, J.
1. Continuance: absence of attorney and papers. I. It is first insisted by defendant that the .court erred in refusing a continuance. The basis of this application was sickness in the family of his attorney, which, it was alleged, would prevent his attendance at the term. The affidavit also stated, in general terms, that the attorney was in possession of papers material to the establishment of the defense.
The nature of these papers was not so disclosed that the court could see their materiality or the adverse party admit their existence. How long defendant had been aware of the illness was…
2Cases cited1 opinion
- Treiber v. ShaferSupreme Court of Iowa · 1864
3Cited by8 opinions
- Yancey v. TatlockSupreme Court of Iowa · 1895
- Ferguson v. Davis CountySupreme Court of Iowa · 1879
- Kramer v. HeinsNorth Dakota Supreme Court · 1916
- McCracken v. WebbSupreme Court of Iowa · 1873
- Petty v. Hayden Bros.Supreme Court of Iowa · 1901
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