Ramsey v. Holland

Abuse of discretion has been defined as some act done . or step taken by the court in person or upon request or by an officer thereof, which is not according to the regular course of proceeding and by which a party is deprived of the benefit of a defense without fault on his part.

7 C. C. 72;

20 O. C. C. N. S. 154.

The true rule as to when such abuse of discretion by an inferior Court May be made subject to review by a superior court seems to be that the abuse be shown and a serious injury resulting to the party abused. Where the rules of Court have not been followed by the Court in rendering a…