Legal Opinion

Shankle v. Shankle

Supreme Court of North Carolina

Decided April 6, 1976No. 73PublishedCited by 66 opinions

1Opinion of the Court

SHARP, Chief Justice.

Respondents’ first assignment of error is that the trial court forced respondents into trial without the privilege of counsel by denying their motion for a continuance.

Continuances are not favored and the party seeking a continuance has the burden of showing sufficient grounds for it. G.S. 1A-1, Rule 40(b) provides: “No continuance shall be granted except upon application to the court. A continuance may be granted only for good cause shown and upon such terms and conditions as justice may require.” Considering the myriad circumstances which might be urged as grounds for a…

2Cases cited2 opinions

  1. Smith v. BryantSupreme Court of North Carolina · 1965
  2. Abernethy v. State Planters Bank & Trust Co.Supreme Court of North Carolina · 1932

3Cited by66 opinions

  1. Pleasant Valley Promenade v. Lechmere, Inc.Court of Appeals of North Carolina · 1995
  2. State v. WeaverSupreme Court of North Carolina · 1982
  3. Wade v. WadeCourt of Appeals of North Carolina · 1985
  4. State v. T.D.R.Supreme Court of North Carolina · 1998
  5. State v. TDRSupreme Court of North Carolina · 1998

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