Morris v. McElroy

While we do not approve all that is said in the opinion of the Court of Appeals, we concur in the result.

The authority to grant or refuse a continuance of a pending cause resides in the court, and not the judge, and an application for continuance is, as we have respectively held, addressed to the sound discretion of the court, and will not be reviewed, unless the discretion is grossly abused; and then only on appeal, where the facts may be fully presented.

The power and authority to set aside a continuance and reset the case for trial is likewise a power to' be exercised by the court, and…