Reynolds v. Smith

Citations

• 49 Fla. 217

Syllabus

<p>1. Where no exceptions were taken to the refusal of the trial court to grant a continuance, the action of the trial court will not be reviewed by this court.</p> <p>2. The affidavit for a continuance, because of the absence of :i party to the cause, should disclose fully the precise facts or the substance of the testimony expected to be proven by such party, and that facts sought to be proved by the party can not be sufficiently proven by other witnesses.</p> <p>3. In deciding upon the sufficiency of an ■ affidavit for continuance, no presumption favorable to the applicant is to be indulged.</p> <p>4. This court will not reverse a judgment because the referee denied a motion for a continuance of the cause, unless there has been a palpable abuse of discretion by the referee, to the detriment of the applicant therefor, clearly and affirmatively shown by the record.</p> <p>5. Where the defendant made both a motion for new trial and in arrest of judgment after the judgment of the referee was filed, but within the time allowed by statute for making such motions, brought the same on for hearing and had a ruling thereon, he can mot complain, in an appellate court, of the action of the referee in considering and entertaining the motions.</p> <p>6. A correct ruling will not be disturbed because the referee assigned a wrong reason for the ruling.</p>