Jaffe v. Lilienthal
California Supreme Court
Appeal from a judgment of the Superior Court of Tulare County. The facts are stated in the opinion. The court erred in denying plaintiff’s motion for a continuance, and such denial was an abuse of discretion. The discretion confided to the court is a legal discretion to be exercised not capriciously or arbitrarily, but by fixed legal principles, and in a manner to subserve and not to defeat the ends of substantial justice.
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Appeal from a judgment of the Superior Court of Tulare County. The facts are stated in the opinion. The court erred in denying plaintiff’s motion for a continuance, and such denial was an abuse of discretion. The discretion confided to the court is a legal discretion to be exercised not capriciously or arbitrarily, but by fixed legal principles, and in a manner to subserve and not to defeat the ends of substantial justice. (Turner v. Morrison, 11 Cal. 22; Bailey v. Taaffe, 29 Cal. 424; Stringer v. Davis, 30 Cal. 322; LybecJcer v. Murray, 58 Cal. 189.) The bill of exceptions was not filed in…
1Opinion of the Court
Haynes, C.—
On the 21st of December, 1891, this cause was set for trial for January 6, 1892. On that day plaintiff’s attorney moved for a continuance upon affidavits of the plaintiff and his physician showing in substance that the plaintiff, who then and for about a year prior thereto resided in Seattle, Washington, was confined to his room by an attack of acute rheumatism to which he was subject, and was wholly unable to move or leave his room, and in the opinion of his physician would not be able to leave his room in less than two months. The affidavit of plaintiff further stated that his…
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