Lindley v. Denver
Court of Appeals for the Sixth Circuit
Appeal from the District Court of the United States for the Western Division of the Southern District of Ohio; Howard C. Hollister, Judge. Suit in equity by Mary Louise Denver Lindley against Matthew Rombach Denver and others. From an order dismissing the bill, plaintiff appeals.
1Opinion of the Court
DENISON, Circuit Judge.
When this equity case, which was at issue in the court below upon full pleadings, came on for trial in open court at the time fixed, Mrs. Lindley,-the plaintiff, was not ready, and asked a continuance. The court denied this request. Plaintiff then asked leave to dismiss the bill without prejudice. This request was also denied, and an order was entered dismissing the bill absolutely and without qualification. The plaintiff appeals, and complains both of the refusal to give a continuance, and of the final order.
[1] The matter of continuance was discretionary, and there…
2Cases cited8 opinions
- Pullman's Palace Car Co. v. Central Transportation Co.Supreme Court of the United States · 1898
- Gould v. . Cayuga County National BankNew York Court of Appeals · 1881
- Thomas v. BealsMassachusetts Supreme Judicial Court · 1891
- City of Detroit v. Detroit City Ry. Co.U.S. Circuit Court for the District of Eastern Michigan · 1893
- Harding v. Corn Products Refining Co.Court of Appeals for the Seventh Circuit · 1909
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3Cited by4 opinions
- New York, C. & St. L. R. Co. v. VardamanCourt of Appeals for the Eighth Circuit · 1950
- United Motors Service, Inc. v. Tropic-Aire, Inc.Court of Appeals for the Eighth Circuit · 1932
- United States v. Waverly ClubDistrict Court, S.D. New York · 1927
- Whitall-Tatum v. Corning Glass WorksDistrict Court, W.D. New York · 1935