Handy v. McClellan
Missouri Court of Appeals
Appeal from Texas Circuit Court.—Hon. L. B. Wood-side, Judge. (1) An application for a continuance is addressed to the sound discretion of the trial court, but such discretion is judicial and is subject to review on appeal. Distilling Co. v. Van Prank, 80 Mo. App. 50; Alt Vj Groseclose, 61 Mo. App. 409; Barnum v. Adams, 31 Mo. 532; Nichols v. Grocer C'Q., 66 Mo.
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Appeal from Texas Circuit Court.—Hon. L. B. Wood-side, Judge. (1) An application for a continuance is addressed to the sound discretion of the trial court, but such discretion is judicial and is subject to review on appeal. Distilling Co. v. Van Prank, 80 Mo. App. 50; Alt Vj Groseclose, 61 Mo. App. 409; Barnum v. Adams, 31 Mo. 532; Nichols v. Grocer C'Q., 66 Mo. App. 320; State v. Maddox, 117 Mo. 667; Fuert v. Caster, 174 Mo. 299. (2) The refusal of the court under the circumstances to grant a continuance to plaintiff was an unwise exercise of the court’s discretion. The judgment rendered…
1Opinion of the CourtCox, J.
This is an action in replevin for certain personal property of the value of $350. Plaintiff gave bond and secured possession of the property. The cause was triable at the March, 1910, term of court, at which time, defendant filed an answer which was a general denial. Attorney for plaintiff, being, as he thought, unable to attend that term of court on account of pressing business in another court held at the same time, sent an application for continuance to an attorney at the Texas county court, and had the same filed. This application *458'was overruled. Defendant then filed an amended answer…
2Cases cited3 opinions
- City of St. Louis v. LawtonSupreme Court of Missouri · 1905
- Dorris v. DorrisMissouri Court of Appeals · 1910
- Grisham v. National Life InsuranceMissouri Court of Appeals · 1908