Hood v. Fay

Citations

• 15 S.D. 84
• 87 N.W. 528
• 1901 S.D. LEXIS 89

Syllabus

<p>1. Plaintiff in'an attachment suit moved before the hearing that the court-extend the time within which he might file certain affidavits and , , proofs to amend those theretofore filed in support of the affidavit of attachment, on the ground that, they were newly discovered evidence, stating that, owing to the fact that such evidence was not known to plaintiff when he filed his original affidavits, it was not then presented. Held, that such motion was for a continuance of the case for the purpose of securing further evidence, and not for the purpose of amending affidavits or proceedings.</p> <p>2. Plaintiffs attached' a stock of goods valued at between four and five times the amount of their claim, and defendant’s store was closed. On the hearing plaintiffs were granted a continuance, and permitted to amend their proceedings by substituting a new undertaking, and thereaiter moved for another continuance on the ground of surprise and inadvertence, but the affidavit in support thereof did not state facts showing wherein plaintiffs were surprised, or in what the inadvertence, consisted, nor was it shown within what time the evidence could be produced. . Held, that a refusal to grant t'he continuance was not an abuse of the trial court’s discretion.</p>