Baker v. Jensen

The power of a court to grant or refuse a continuance is a discretionary power which is to be exercised in a sound and legal manner and not arbitrarily or capriciously. It is not an unrestricted power, however, nor is it a decision upon matters within the absolute discretion of a court and, hence, not reviewable in courts of appeal. As was said by Mr. Justice Strahan in Mitchell v. Campbell, 14 Or. 454 (13 P. 190):

“In ordinary eases the court will not interfere with the discretion of the trial court in matters of practice before it. The law has wisely vested those courts with very large…