Scott v. Cleveland
Supreme Court of Arkansas
Appeal from Clay Circuit Court, Western District; J. F. Gautney, Judge; STATEMENT BY THE COURT. This action was instituted in the Clay Circuit Court for the Western District, on the 19th of September, 1912, the appellee being the plaintiff below, and by the suit he sought to recover the sum of one thousand ($1,000) dollars, which he alleged was due Mm under a verbal contract made with appellants to find a buyer for and to sell the merchantable timber on a tract of land owned…
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Appeal from Clay Circuit Court, Western District; J. F. Gautney, Judge; STATEMENT BY THE COURT. This action was instituted in the Clay Circuit Court for the Western District, on the 19th of September, 1912, the appellee being the plaintiff below, and by the suit he sought to recover the sum of one thousand ($1,000) dollars, which he alleged was due Mm under a verbal contract made with appellants to find a buyer for and to sell the merchantable timber on a tract of land owned by appellants in that district of the county. It was alleged that, in pursuance of that contract and agreement,…
1Opinion of the Court
Smith, J.,
(after stating the facts). It has been many times said that, ‘ ‘ Continuances in criminal as well as in civil cases are, as a general rule, within the sound discretion of the trial court; and a refusal to grant a continuance in a criminal case is never a ground for a new trial unless it is made to appear that such discretion has been abused to the prejudice of the defendant.” Lane v. State, 67 Ark. 293. The rule, of course, is the same in civil cases.
And in the Lane case, supra, Judge Battle for the court defined the duty of the trial court upon the hearing of a motion for a…
2Cases cited5 opinions
- Lascelles v. StateSupreme Court of Georgia · 1892
- State v. RainsbargerSupreme Court of Iowa · 1888
- State v. BaileySupreme Court of Missouri · 1887
- Cushenberry v. McMurraySupreme Court of Kansas · 1882
- AnonymousU.S. Circuit Court for the District of Connecticut · 1809
3Cited by3 opinions
- Hall v. Florida State Drainage Land Co.Supreme Court of Florida · 1925
- Scott v. ClevelandSupreme Court of Arkansas · 1916
- Scott v. ClevelandSupreme Court of Arkansas · 1917