Cox v. Yates

1. The denial of a stay in proceedings properly applied for under the Soldiers and Sailors Civil Relief Act (50 U. S. C. A., App. § 521) is a final judgment from which a writ of error will lie.

2. The discretion which is vested in the trial court to grant or refuse a stay of proceedings on application and showing that the defendant is in the armed forces of the United States engaged in military service in a foreign country is not an absolute discretion, but is a legal discretion to determine, from the facts in evidence, whether the absence of the defendant on the trial of the case will…