Paulucci v. Co
| Decision Date | 01 June 1895 |
| Citation | 1 Kan.App. 121,40 P. 927 |
| Court | Kansas Court of Appeals |
| Parties | JOSEPH PAULUCCI v. J. H. VERITY & CO |
Opinion Filed July 6, 1895.
MEMORANDUM.--Error from Wabaunsee district court; WILLIAM THOMSON, judge. Action by J. H. Verity & Co. against Joseph Paulucci and W. C. Paulucci. Judgment for plaintiffs and defendant Joseph Paulucci brings error. Affirmed. The facts appear in the opinion herein, filed July 6, 1895.
Judgment affirmed.
S. B Isenhart, for plaintiff in error.
Wheeler & Switzer, for defendants in error.
OPINION
The only error assigned in this case, which is urged upon the court in the brief of counsel for plaintiff in error, is the ruling of the district court of Wabaunsee county, where the case was tried, refusing the application of the plaintiff in error, one of the defendants below, for a continuance of the trial of the case. This was an action brought by Verity & Co. against Joseph Paulucci and W. C. Paulucci to recover the amount alleged to be due and owing by the defendants to the plaintiffs on account for goods sold and delivered to them by the plaintiffs. The defendants answered by separately filing a general denial to the petition. The petition was filed October 16, 1890, and the case called for trial at the February, 1891, term of court. The plaintiff in error, Joseph Paulucci, was a resident of the state of Ohio, and made application, on February 5, 1891, for a continuance, on the ground of sickness and inability to attend the trial at that term of court. The only showing made on the application was by the affidavits of Joseph Paulucci, his physician in Ohio, and by one of his attorneys. His alleged sickness and inability to attend is satisfactorily shown by such affidavits. The only showing made as to the necessity of his presence at the trial is the statement in the affidavit of Joseph Paulucci, as follows:
"That he desires to be present at the trial of the above-entitled cause in person; . . . that if said cause is continued to the next term of said court he expects to be able to attend court, and will be present at the trial of said cause."
And the statement in the affidavit of his attorney, as follows:
"That affiant desires that said Joseph Paulucci be present at the trial of said cause; that this affiant believes, from the statements made to him by the said defendant, that he has a valid defense to said plaintiff's claim, sued herein."
This certainly is no sufficient showing for a continuance. The defendants below were partners, and the action grew out of a partnership transaction. It is not claimed that Joseph Paulucci had any personal knowledge of...
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Miller v. Brown
...his case is called for trial is not sufficient ground for a continuance. (Queirolo v. Queirolo, 129 Cal. 686, 62 P. 315; Paulucci v. Verity, 1 Kan. App. 121, 40 P. 927; Cochrane v. Parker, 12 Colo. App. 169, 54 P. 1027; Cohn v. Brownstone, 93 Cal. 363, 28 P. 953; West v. Hennessey, 63 Minn.......
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Jennings Co. v. Dyer
...24 Okla. 264, 103 P. 694; Kelley et al. v. Wood, 32 Okla. 104, 120 P. 1110; Beard v. Mackey, 51 Kan. 131, 32 P. 921; Paulucci v. Verity et al., 1 Kan. App. 121, 40 P. 927. ¶6 It may be stated, as a general rule, that an affidavit for a continuance of a cause must conform to the provisions o......
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Jennings Co. v. Dyer
... ... the sound discretion of the court, and will not be reversed ... unless an abuse of discretion plainly appears. McCann v ... McCann et al., 24 Okl. 264, 103 P. 694; Kelley et ... al. v. Wood, 32 Okl. 104, 120 P. 1110; Beard v ... Mackey, 51 Kan. 131, 32 P. 921; Paulucci v. Verity ... et al., 1 Kan. App. 121, 40 P. 927 ... It may ... be stated, as a general rule, that an affidavit for a ... continuance of a cause must conform to the provisions of the ... statute authorizing the granting of a continuance. In our ... opinion, no sufficient ... ...
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