Eossett v. Gardner
Citation | 3 W.Va. 531 |
Parties | John D. D. Eossett v. Gardner and Eichardson. |
Decision Date | 31 January 1869 |
Court | Supreme Court of West Virginia |
It is held that a party is entitled to a continuance where he has used due diligence to be prepared for a trial, and one of his counsel is absent by reason of a change in the time of holding the circuit courts in an adjoining circuit, having been previously engaged in the last mentioned court and in attendance at the same; and where his other counsel, although present during the term, was absent when the cause was heard.
This cause arose in Jackson county. The question determined by this court was whether the appellant, Eossett, was entitled to a continuance in the court below at the term when a tinal decree was had against him, September,
The following affidavits were filed at the September term, on a motion to submit the cause to the court:
The matter referred to by affiant, Rossett, in the affidavit in the cause against Greer el al., was that a change had been made by the legislature in the time of holding courts in the circuit adjoining Jackson county, and that his counsel, Benjamin Wilson, Esq., was in attendance upon a term then holden in that circuit and could not be present at the Jackson court.
A. F. Raymond for the appellant. G. H. Lee for the appellees.
Brown, President. This case, though very imperfectly presented, yet shows satisfactorily that appellant had used due...
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...... no want of due diligence on the part of the party applying,. is good ground for continuance. Russell v. Gardner,. 3 W.Va. 531; Hill v. Clark, 51 Ga. 122. Judge Kelley. was absent by reason of a prior engagement. The fact that the. case has been in court a ......
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Smith v. Commonwealth
...Hook Nanny, 4 Hen. and M. (14 Va.) 157, note; Radford Fowlkes, 85 Va. 820, 8 S.E. 817; Myers Trice, 86 Va. 841, 11 S.E. 428; Rossett Gardner, 3 W.Va. 531; Moore Moore, 72 W.Va. 260, 78 S.E. 99; Rhode Island Massachusetts, 11 Pet. 226, 9 L.Ed. 697. In this latter case the Attorney-General of......
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Smith v. Commonwealth
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Waldron v. Sperry
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