McBryde Estate Ltd. v. Gay

OPINION OF THE COURT BY

GALBRAITH, J.

This cause was at issue for the March, 1902, term of the Fifth Circuit Court. The defendant, not wishing to go to trial, presented a motion for a continuance for the term, supported by affidavits. The motion was opposed by the* plaintiff and counter affidavits were filed. The court after remarking several times during the delivery of his decision, in substance, that the rule, in his court was pretty well settled, of allowing almost as a matter of course one continuance on payment of costs, finally concluded as follows: “On the whole, I am inclined to allow…