Marsh v. Morse
Supreme Court of Missouri
cftppeal from Jefferson Circuit Court. On the 23d of May, this cause having been called for trial in the court below, was continued at the instance of the plaintiff, on account of the absence of witnesses. On the next day, the plaintiff’s witnesses having arrived, he moved to have the continuance set aside, stating that he had notified the defendant of his intention to make the motion.
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cftppeal from Jefferson Circuit Court. On the 23d of May, this cause having been called for trial in the court below, was continued at the instance of the plaintiff, on account of the absence of witnesses. On the next day, the plaintiff’s witnesses having arrived, he moved to have the continuance set aside, stating that he had notified the defendant of his intention to make the motion. The continuance was set aside, and the cause set for trial on the 28th of May, to which the defendant’s counsel excepted. On the 31st of May, the case was again called for trial, when the defendant’s counsel…
1Opinion of the CourtScott, Judge
1. There is no doubt that during the term of a court, at which any proceeding is had, the court may, for sufficient cause, vacate or set aside that proceeding. It is obvious that the vacating of a continuance and ordering a trial of the cause may produce surprise, and operate seriously to the prejudice of a party whose cause has been continued. A court would hardly be warranted in taking such a course without strong reasons ; when, for such reasons, it is done, a party should be served with an authentic copy of the order. It would be dangerous to trust to rumor or any other source of…
2Cited by2 opinions
- Davis v. WadeMissouri Court of Appeals · 1894
- Taff v. WestermanSupreme Court of Missouri · 1867