Childs v. Heaton
Supreme Court of Iowa
Appeal from Polk District Qourt. Action for an amount claimed by plaintiff as a balance due him from defendant on account and on a promissory note. The defendant pleaded, in addition to a specific denial of the allegations of plaintiff’s petition,' an offset.
Read the full summary
Appeal from Polk District Qourt. Action for an amount claimed by plaintiff as a balance due him from defendant on account and on a promissory note. The defendant pleaded, in addition to a specific denial of the allegations of plaintiff’s petition,' an offset. When the case was called for trial, plaintiff’s counsel filed a motion for a continuance to a subsequent day of the term, which motion was supported by his own affidavit, showing that said plaintiff was absent; that the time fixed by him for his return had already elapsed; “that affiant is confident that plaintiff is detained from this…
1Opinion of the CourtWright, J.
Subject to the rule that continuances shall not be granted for any cause growing out of the fault or negligence of the moving party, they may be allowed for any cause which satisfies the court that substantial justice will thereby be more nearly attained. Code, section 1765. And where an application is made for a continuance, under this section, it is addressed peculiarly to the sound legal discretion of the judge, and this court will not interfere with an order sustaining or overruling the same, unless clearly satisfied that this discretion has been abused, and injustice thereby done. Widner…
2Cases cited1 opinion
- Widner v. HuntSupreme Court of Iowa · 1856
3Cited by2 opinions
- In Re Estate of RogersSupreme Court of Iowa · 1939
- State v. LeftwichSupreme Court of Iowa · 1933