Griffin v. Polhemus
California Supreme Court
Appeal from the Fourth Judicial District. Action for conversion of personal property. When the case was called for trial, plaintiff applied for a continuance, upon affidavit of the absence of a witness, whose testimony was alleged to be material, and who was stated to be at the time in the town of Sydney, in Hew South Wales.
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Appeal from the Fourth Judicial District. Action for conversion of personal property. When the case was called for trial, plaintiff applied for a continuance, upon affidavit of the absence of a witness, whose testimony was alleged to be material, and who was stated to be at the time in the town of Sydney, in Hew South Wales. The application was opposed by an affidavit, showing in substance that the witness had been in San Francisco nearly three years after the issue joined, and before the case was called for trial; that he had been a witness on a former trial; and that the plaintiff was aware…
1Opinion of the CourtField, C. J.
In Musgrove v. Perkins (9 Cal. 212) we held, that the granting or refusing of a continuance rested in the sound discretion of the Court below, and that its ruling would not be revised, except for the most cogent reasons. “ The Court below,” we observed, “ is apprized of all the circumstances of the case and the previous proceedings, and is, therefore, better able to decide upon the propriety of granting the application than an appellate Court; and when it exercises a reasonable and not an arbitrary discretion, its action will not be disturbed.” The same views have been repeatedly expressed by…
2Cases cited1 opinion
- Pilot Rock Creek Canal Co. v. ChapmanCalifornia Supreme Court · 1858
3Cited by3 opinions
- Abrook v. EllisCalifornia Court of Appeal · 1907
- People v. De LaceyCalifornia Supreme Court · 1865
- Territory of New Mexico v. LivingstonNew Mexico Supreme Court · 1906