Livingston v. Cooper

Citations

• 22 Fla. 292

Syllabus

<p>1. An application for the continuance of a cause is always addressed to-the sound discretion of the court, and must he left to the tribunal which has the parties before it, and who must determine from a variety of circumstances occurring in its presence-whether such applications are made in good faith.</p> <p>2. Except it appears from the record that there has been an abuse of such discretion, whereby the rights of the party may have been jeoparded, the decision of the court will not he disturbed.</p> <p>3. Instructions given by the court to the jury are based upon the evidence adduced on the trial, and to enable the appellate court to-determine as to the correctness of the rulings of the court below, in granting or refusing- the instructions so aslced, that evidence must he produced in the bill of exceptions.</p> <p>4. It is a rule of law, well settled, that every presumption is in favor of the correctness of the ruling- of the court below, and in order to induce the appellate court to reverse such ruling it must appear that an error has been committed. And when a party fails to bring up the evidence upon which such ruling is based this court will refuse to consider the exception.</p>