Solomon v. Norton

<p>1. Venue—Appeal and Error—Change or Venue Upon Creation or New County—Appearance Without Objection Waives Question As to Whether Change Was Authorized—Laws 1881, p. 156, cited.—Where an act, supra, provides for the creation of a' new county, and further provides that causes may be removed from the court wherein pending to the court in such new county, it is too late for party to object upon appeal to an order transferring the cause, he having appeared in such latter court without objection.</p> <p>2. Continuance—Granting Matter of Discretion—New Trial—Surprise Under Comp. Laws 1877, p. 438, par. 2631, subd. 3— Showing of Diligence Insufficient to Justify Interference With Discretionary Ruling of Trial Court.—Where a motion for new trial is made on the ground of surprise, under the statute, supra, and for failure to grant a continuance and it appears that the cause has been pending for a great length of time, and that no written application for continuance was made, and that there was no showing as to diligence and cause of absence of one defendant, as well as an unsatisfactory showing as to the sickness of the other the court will decline to interfere with the exercise of discretion by the district court in refusing to continue the cause or grant a new trial therein.</p> <p>3. Findings of Fact—Comp. Laws 1877, p. 436, par. 2618, Cited— Practice—Manner of Raising Objection for Insufficiency— Must be Raised Below—Reviewed and Held Sufficient.—Where there is an objection that there are no findings of fact in compliance with the statute, supra, and it appears that there are meager findings, and the record shows that the objection was not raised on motion for new trial or otherwise below, nor was the judge asked to make them more complete, the findings filed are sufficient, and authorities to the point that there must be findings have no application.</p> <p>4. judgment—Presumption in Favor of Regularity—Where Record Is Not Certified to as Complete an Objection That Cause Was Not at Issue Will Be Disregarded Though the Transcript Be Silent as to Whether Answer or Plea Was Ever Filed.—Where it is urged that the judgment is erroneous because no plea or answer was ever filed, and the transcript is silent upon the question but is not certified to as being completed, the presumption in favor of the regularity of the judgment will induce the court to disregard the objection.</p> <p>Porter, J., dissenting, npon tbe question of abuse of discretion in tbe district judge not granting tbe continuance.</p>