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20 Cal. 180

Griffin v. Polhemus

California Supreme Court

Decided July 1, 1862

California Supreme Court · decided 1862-07-01

Action for conversion of personal property. When the case was called for trial, plaintiff applied for a continuance, upon affidavit of the absence of a witness, whose testimony was alleged to be material, and who was stated to be at the time in the town of Sydney, in Hew South Wales.

Cited by 3 later decisions — most recently September 1907

3 state decisions

Relies on Musgrove v. Perkins · Pilot Rock Creek Canal Co. v. Chapman

Good law ✅— No negative treatment on recordhow we know

Decided 1862-07-01

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Field, C. J. delivered the opinion of the Court—Norton, J. concurring.

¶1In Musgrove v. Perkins (9 Cal. 212) we held, that the granting or refusing of a continuance rested in the sound discretion of the Court below, and that its ruling would not be revised, except for the most cogent reasons. “ The Court below,” we observed, “ is apprized of all the circumstances of the case and the previous proceedings, and is, therefore, better able to decide upon the propriety of granting the application than an appellate Court; and when it exercises a reasonable and not an arbitrary discretion, its action will not be disturbed.” The same views have been repeatedly expressed by us in other cases, and there is nothing in the present case which would justify any qualification or departure from them. (The Pilot Rock Creek Canal Co. v. Chapman et al., 11 Cal. 161.)

¶2Judgment affirmed.

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