Overton v. City of Sioux Falls

The question presented to this court for review is an order for continuance imposing conditions. The order was made after the cause had been on trial for more than a day and at a time when the plaintiff had' examined many witnesses, some of whom came from, some distances to be in attendance at the trial. The application for continuance was made by the defendant on affidavits. The court granted the defendant the continuance by imposing conditions: “That the defendant pay to the plaintiff all taxable costs incurred in the action to the date hereof and the further sum' of $50 to defray…