Smith-Weik MacHinery Corporation, Etc. v. Murdock MacHine and Engineering Co.

WISDOM, Circuit Judge.

We reverse and remand for failure of the trial court to grant the defendant’s motion for a continuance based on the illness of defendant’s principal counsel. 1

“Abuse of judicial discretion” as the basis for reversal of a trial court’s judgment has more bark than bite — in terms of the reviewing court’s assessment of the trial judge’s exercise of discretion. Here, for example, our holding involves no criticism of the district judge. The magic words mean only that in the light of the record as a whole this Court feels that the denial of the motion for a continuance…