Linn County v. Morris
Oregon Supreme Court
From Linn: Geo. H. Burnett, Judge. This is an action by Linn County, a public corporation, to recover from its late treasurer and his sureties the amount of his alleged defalcation.
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From Linn: Geo. H. Burnett, Judge. This is an action by Linn County, a public corporation, to recover from its late treasurer and his sureties the amount of his alleged defalcation. The complaint alleges, in substance, that the defendant P. G-. Morris, having been elected treasurer of Linn County, Oregon, for a term of two years beginning July 6, 1896, executed prior thereto an official undertaking, with his codefendants as sureties, conditioned that if he should not faithfully keep, account for, and pay over, according to law, all moneys that might come into his hands by virtue of his…
1Opinion of the CourtJustice Moore
1. It is contended by defendants’ counsel that the court erred in overruling their motion for a continuance, and that compelling them to go to trial before the indictments against Morris had been disposed of was a denial of justice. While the statute permits a court, upon a proper showing, to postpone the trial of a cause on account of the absence of evidence (Hill’s Ann. Laws, § 179), the rule is well settled in this state that the granting or refusal of a motion for a continuance is discretionary, and will not be reviewed on appeal unless it satisfactorily appears that there has been an…
2Cases cited13 opinions
- State v. HawkinsOregon Supreme Court · 1890
- Thompson v. ConnellOregon Supreme Court · 1897
- Powell v. D. S. & G. R. R.Oregon Supreme Court · 1886
- State v. HoweOregon Supreme Court · 1895
- Hanthorn v. OliverOregon Supreme Court · 1897
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3Cited by6 opinions
- Finch v. WALLBERG DREDGING COMPANYIdaho Supreme Court · 1955
- Harrison v. Pacific Ry. & Nav. Co.Oregon Supreme Court · 1914
- Elliott v. LawsonOregon Supreme Court · 1918
- Baker v. JensenOregon Supreme Court · 1930
- Baker v. JensenOregon Supreme Court · 1931
1 more not listed; retrieve them via the Exa API.