McLaughlin v. Beyers
Supreme Court of Alabama
Appeal from Jefferson Circuit Court. Heard before Hon. E. C. Crowe. Action by Cora Beyers, pro ami, against George II. McLaughlin. Prom an order imposing cost as a condition to granting defendant’s motion for a continuance, he appeals.
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Appeal from Jefferson Circuit Court. Heard before Hon. E. C. Crowe. Action by Cora Beyers, pro ami, against George II. McLaughlin. Prom an order imposing cost as a condition to granting defendant’s motion for a continuance, he appeals. Under the testimony the court should have granted a continuance without tlie imposition of costs. — -Spann v. 'Torbert, 130 Ala. 541. The imposition of costs as a condition to a continuance was the exercise of the irrevisable discretion of the court, and such an order will not support an appeal.
1Opinion of the CourtSomerville, J.
It was formerly held by this court that the granting or refusing of continuances was entirely within the discretion of- the trial court, and that its exercise was “beyond the jurisdiction of the appellate court to control or revise.” — Humes v. O’Bryan, 74 Ala. 64, 78; Campbell v. White, 77 Ala. 397. Later it was said that “the continuance of a case is within the discretion of the trial court, and the exercise of this discretion will not be reviewed on appeal, except in a case where it is shown that the court has abused the discretion vested in it.” — Spann v. Torbert, 130 Ala. 541, 30 South.…
2Cases cited6 opinions
- Humes v. O'Bryan & WashingtonSupreme Court of Alabama · 1883
- Rodgers v. StateSupreme Court of Alabama · 1906
- Kelly v. StateSupreme Court of Alabama · 1909
- Torrey v. BishopSupreme Court of Alabama · 1894
- Campbell v. WhiteSupreme Court of Alabama · 1884
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3Cited by6 opinions
- Jarvis v. StateSupreme Court of Alabama · 1930
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- Berthold & Jennings Lbr. Co. v. Geo. W. Phalin Lumber Co.Supreme Court of Alabama · 1916
- Burrow v. BerrySupreme Court of Alabama · 1925
- Allen v. BannisterSupreme Court of Alabama · 1923
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