Woolheather v. Risley
Supreme Court of Iowa
Appeal from Clinton Circuit Court. The plaintiff brings this action to recover from tbe defendant damages wbicli she alleges .she has sustained in her person, property, means of support, etc., by reason of the defendant having, at various times, sold intoxicating liquors to plaintiff’s husband, thereby causing frequent and habitual intoxication and injury to the plaintiff. There was a jury trial. Yerdict and judgment for plaintiff. Defendant appeals.
1Opinion of the Court
Miller, Ch. J.
— Previous to the trial the defendant made an application for a continuance, based on his own affidavit. The court refused to continue the cause, and of this appellant complains.
l. practice: continuance. It appears by the record that the application was made on the 9th day of September, 1873, the same day the cause was regularly reached for trial. It is not shown what day of the term that was. The statute provides that the motion, for a continuance, “ shall be filed on the second *488made day of the term if it is then certain that it will have to be before the trial, and as soon…
2Cases cited1 opinion
- Cochran v. MillerSupreme Court of Iowa · 1862
3Cited by19 opinions
- State v. WatsonSupreme Court of Iowa · 1890
- Homire v. HalfmanIndiana Supreme Court · 1901
- Kearney v. FitzgeraldSupreme Court of Iowa · 1876
- Werner v. EdmistonSupreme Court of Kansas · 1880
- Walton v. StokesSupreme Court of Iowa · 1978
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