Post v. Cecil

Dissenting Opinion.

Lotz, J.

I do not concur in the opinion of the majority. A motion for a continuance is addressed to the sound discretion of the trial court, and. a judgment should not be reversed on account of a ruling thereon unless it very clearly appears that this discretion has been abused or erroneously exercised. Moulder v. Kempff, 115 Ind. 459.

The presumptions are in favor of the action of the court in reference to such ruling, and no reversal should be ordered unless it be affirmatively shown that the ruling was wrong. Pate, Exr., v. Tait, 72 Ind. 450.

It is true that it is an…