Woods v. Young

By the Court. The question is, whether a refusal to continue a cause can be assigned for error. The impression of the court is, that it cannot. Has the party, by law, a right to a continuance in any case ? If he has, it will have weight. Is it not merely a matter of favor and discretion ? This is a case in which this court cannot look into the merits of the question, whether the court below ought to have granted a continuance of the cause. Judgment affirmed, with costs, (a) Footnotes [(a)] This case was brought up in expectation that this court would have decided the question whether an attachment can be served upon a person who resides out of the district, hut within 100 miles of the place of trial, and who has been summoned and fails to attend as a witness in a civil cause. But the court having intimated an opinion that the refusal to continue the cause, could not be assigned for error, the counsel did not argue the other point.