Nye v. Manley

Citations

• 69 Wash. 631
• 125 P. 1009
• 1912 Wash. LEXIS 967

Syllabus

<p>Appeal — Review — Discretion — Continuance. The refusal to grant a continuance will not be reviewed except for abuse of discretion.</p> <p>Continuance—Absence op Party—Discretion, It is not an abuse of discretion to refuse a continuance, asked on account of the absence of the defendant, where it appears that the defendant in an action on promissory notes was absent in Alaska several months while the case was pending; that on June 24th the case was set for trial on September 26th, and later continued to October 5th and 9th; that defendant could have been reached by telegraph or mail and advised of the date of trial in time to attend, but he failed to keep his attorney posted as to his address or how to reach him.</p> <p>New Tbial—Gbounds. Where it is not an abuse of discretion to refuse a continuance on account of the absence of a party, it is not an abuse of discretion to refuse a new trial asked on the same grounds; the showing of a meritorious defense not being alone sufficient.</p>