Neven v. Neven
Nevada Supreme Court
Appeal from Second Judicial District Court, Washoe County; Cole-L. Harwood, Judge. Action for divorce by Laura A. Neven against James H. Neven. From an order denying a motion for a new trial, after judgment for plaintiff, defendant appeals.
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Appeal from Second Judicial District Court, Washoe County; Cole-L. Harwood, Judge. Action for divorce by Laura A. Neven against James H. Neven. From an order denying a motion for a new trial, after judgment for plaintiff, defendant appeals. The rule as to continuances is that 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 defeat the ends of substantial justice. (Phelps v. Owens, 11 Cal. 22; Bailey v. Taaffe, 29 Cal. 424; Springer v. Davis, 30 Cal. 322; Lybecker v.…
1Opinion of the Court
By the Court,
McCarran, J.:
This was an action for divorce, commenced in the district court of Washoe County by respondent. Judgment having been rendered for respondent, a decree of the court was rendered in her favor in accordance with the prayer of her complaint. Appeal is taken to this court from the order denying appellant’s motion for a new trial.
One question only is presented to this court for determination, namely: Was it an abuse of discretion for the trial court to deny appellant’s motion for a continuance of the trial of the case?
The record discloses that on the 21st day of March,…
2Cases cited3 opinions
- Barnes v. BarnesCalifornia Supreme Court · 1892
- Kasson v. McChesneyCalifornia Supreme Court · 1903
- Schlesinger v. NunanAppellate Court of Illinois · 1888
3Cited by11 opinions
- People v. StoecklMichigan Supreme Court · 1956
- Benson v. BensonNevada Supreme Court · 1949
- Smith v. TimmNevada Supreme Court · 1980
- Dodd v. CowgillNevada Supreme Court · 1969
- Costley v. ChapmanCourt of Appeals of Texas · 1924
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