Carter v. Wharton

Citations

• 82 Va. 264
• 1886 Va. LEXIS 28

Syllabus

<p>1. Practice at Common Law—Continuances.—Motion for continuance is addressed to the sound discretion of the court under the circumstances of the case; and its judgment will not be reversed unless plainly erroneous.</p> <p>2. Idem—General rule.—Where witness fails to appear, and it is shown that a subpoena for him was duly returned executed, or if not so returned, was delivered to the proper officer, a reasonable time before the trial, and that the witness is material, and that trial cannot be safely gone into without his testimony, a continuance should be granted, if there be reasonable ground to believe that his attendance at the next term can be secured; aud it matters not that the witness is the plaintiff or the defendant in the case. Hewitt's Case, 17 Gratt. 627.</p> <p>3. Idem—Case at bar is one where, under the circumstances, the continuance asked for should have been granted.</p>