Solomon v. State

Citations

• 71 Miss. 567

Syllabus

<p>1. Continuance. Discretion of trial court.</p> <p>A judgment will not be reversed because of action on an application for a continuance, unless there was an abuse of sound discretion by the trial court.</p> <p>2. Same. Illness of party. Disci'etion. Continuance refused.</p> <p>Where a civil case has been twice postponed to later days of the term for defendant’s accommodation, and on its third call an application for a continuance is made because of his illness, and his attending physician, though testifying that he' thinks it better for defendant to remain at home unless having imperative business elsewhere, declines to say that, in his opinion, any hurtful results would follow his appearance in court, a continuance is properly refused.</p> <p>3. Suit on Liquor. Bond. Sale to intoxicated person. Instructions.</p> <p>In an action on the bond of a retail liquor dealer for selling liquor to an intoxicated person, where the court instructs for plaintiff that, if liquor was so sold, plaintiff could recover, and for defendant that it must be shown that the seller knew, or had good reason to believe, that the purchaser was intoxicated, the defendant cannot complain.</p> <p>4. Juror. Remote relationship to party. New trial refused.</p> <p>Tn such case where, after trial, it is found that one of the jurors was 4 “fifth or sixth cousin” of the informer, who is entitled to half the recovery, no challenge having been made, and no questions propounded to the jurors as to relationship, a verdict for plaintiff, otherwise unquestionable, will not be disturbed.</p>