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85 Ark. 200

Boone v. Skinner

Supreme Court of Arkansas

Decided January 27, 1908

Supreme Court of Arkansas · decided 1908-01-27

Winfield, Judge; STATEMENT BY THE COURT. The facts as found and the judgment as rendered by the trial court are as follows: “That, upon the calling of said cause for trial on the 25th day of April, 1907, the plaintiff did not appear for a prosecution of his suit because of illness, and that he submitted to the court a certificate from a physician stating that he was ill and unable to attend said court; that the defendant resided in the county of Randolph, and appeared for…

Relies on Jones v. State · Williams v. Dickenson · Puckett v. State

affirmed · Decided 1908-01-27

Wood, J.,

¶1(after stating the facts.) Counsel seek to have us construe section 6175, Kirby’s Digest, which provides: “No order of continuance shall take effect until the party upon whose application it was granted shall have paid or secured the payment of all costs of the action due for the term in which the continuance shall be granted.”

¶2It is unnecessary in the opinion of the court to determine in this case whether the above statute is mandatory or directory; for in either event the judgment of the court is correct and must be affirmed. We only reverse for errors in the rulings of the trial court. If it be conceded that the statute is directory merely, as contended by appellant, still the court did not abuse its discretion in imposing terms for the continuance under the facts. It was within the province of the court to impose tlie terms mentioned under a directory statute. Eltzroth v. Ryan, 91 Cal. 588; State v. Second District, 10 Mont. 456; Williams v. Dickinson, 28 Fla. 98; Lawson v. Hill, 20 N. Y. Sup. 904. Continuances are within the sound discretion of the' trial court, and such discretion will not be controlled unless it is abused. Watts v. Cohn, 40 Ark. 116; Jones v. State, 61 Ark. 88; Puckett v. State, 71 Ark. 62; St. Louis, I. M. & S. Ry. Co. v. Kilpatrick, 67 Ark. 142; Supreme Lodge Knights of Pythias v. Robbins, 70 Ark. 364.

¶3If the statute is mandatory (which we do not decide), of course the judgment was right.

¶4Affirm.

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