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Todd v. Smathers

Supreme Court of North Carolina
Feb 1, 1952
68 S.E.2d 783 (N.C. 1952)

Opinion

Filed 1 February, 1952.

Trial 4: Appeal and Error 37 — A motion for continuance is addressed to the discretion of the trial judge, and, in the absence of manifest abuse, his ruling thereon is not reviewable.

APPEAL by plaintiff from Pless, J., at 17 September Term, 1951, of FORSYTH.

Fred S. Hutchins for plaintiff, appellant.

Ratcliff, Vaughn, Hudson, Ferrell Carter for defendant, appellee.


Civil action to recover damages for alleged wrongful death, heard upon motion of plaintiff to continue trial of this cause until a certain witness for plaintiff, who is now in the Armed Services of the United States, be available.

The trial judge, upon facts found as appear of record, ordered that the cause be not calendared for trial or tried before or during the October Term, 1951, of the court, and that subsequent thereto defendant shall be at liberty to calendar same for trial.

Plaintiff appeals to Supreme Court, and assigns error.


A motion for continuance is addressed to the discretion of the trial judge, and, in the absence of manifest abuse, his ruling thereon is not reviewable. S. v. Parker, 234 N.C. 236, and cases cited.

And on the facts presented on this record, we are of opinion that no such abuse has been made to appear. Hence this appeal will be, and it is hereby

Dismissed.


Summaries of

Todd v. Smathers

Supreme Court of North Carolina
Feb 1, 1952
68 S.E.2d 783 (N.C. 1952)
Case details for

Todd v. Smathers

Case Details

Full title:D.J. TODD, SR., ADMINISTRATOR OF D.J. TODD, JR., v. E. J. SMATHERS

Court:Supreme Court of North Carolina

Date published: Feb 1, 1952

Citations

68 S.E.2d 783 (N.C. 1952)
68 S.E.2d 783

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