Vanblaricum v. Ward
Indiana Supreme Court
APPEAL from the Dearborn Circuit Court. — Trespass against Vanblaricum for an assault and battery. Plea, son assault demesne. Replication, de injuria. The defendant below moved for a continuance of the cause upon an affidavit of the absence of witnesses, &e. The motion was overruled, and the proceedings thereon made a part of the record by a bill of exceptions. — ■ Verdict and judgment for the plaintiff in the Circuit Court.
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APPEAL from the Dearborn Circuit Court. — Trespass against Vanblaricum for an assault and battery. Plea, son assault demesne. Replication, de injuria. The defendant below moved for a continuance of the cause upon an affidavit of the absence of witnesses, &e. The motion was overruled, and the proceedings thereon made a part of the record by a bill of exceptions. — ■ Verdict and judgment for the plaintiff in the Circuit Court. The refusal of the Court to grant the continuance, was the only error assigned.
1Opinion of the CourtScott, J.
On the subject of this case there have been various decisions. We consider a motion for a continuance, as an application to the sound, legal discretion of the Court, over which, if improperly used, a Superior Court will exercise a control. The rules and practice of Courts are now so well settled, that we are not left to vague uncertainty in this, more than in other principles of common law. There are many cases in which a party, without any laches on his part, may, by the unexpected absence of a witness, be placed in such a situation, that, without a continuance, he cannot possibly obtain his…
2Cases cited2 opinions
- Marine Ins. Co. of Alexandria v. HodgsonSupreme Court of the United States · 1810
- Higginbotham v. ChamberlayneSupreme Court of Virginia · 1815
3Cited by8 opinions
- Welch v. County Court of Wetzel CountyWest Virginia Supreme Court · 1886
- Shattuck v. MyersIndiana Supreme Court · 1859
- Hubbard v. StateIndiana Supreme Court · 1855
- Spence v. StateIndiana Supreme Court · 1846
- Bartel v. TiemanIndiana Supreme Court · 1876
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